Richard E. Engler, Ph.D. To Present On TSCA’s Next Chapter For ACS Webinars
The American Chemical Society (ACS) presents “Chemistry, Regulation, and Change: Understanding TSCA’s Next Chapter,” on August 12, 2026, from 2:00 p.m. – 3:00 p.m. (EDT). This complimentary webinar will provide a practical overview of the current state of the Toxic Substances Control Act (TSCA), the latest developments in chemical review and risk evaluation, and what these changes mean for the future of green and sustainable chemistry. Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), and Adelina Voutchkova, Director of Sustainable Development and Lead, ACS Green Chemistry Institute, will present.
Ryan N. Schmit Presents On Import/Export Requirements At ACD ChemEdge
The Alliance for Chemical Distribution’s (ACD) 2026 ChemEdge Trade Show and Conference took place August 12-14, 2026, in Atlanta, Georgia. Ryan N. Schmit, Of Counsel, B&C, presented “Importing/Exporting 101” during the pre-conference regulatory workshop on August 12, 2026. This workshop covered insights into the practical steps, common challenges, and key compliance considerations involved in cross‑border chemical and pesticide product movement as regulated under TSCA and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). B&C is proud to be a Strategic Partner of ACD, providing regulatory compliance support to ACD members.
Breanne J. Kincaid, Ph.D. Joins B&C And The Acta Group
B&C and The Acta Group (Acta®) are pleased to announce that Breanne J. Kincaid, Ph.D. has joined our firms as Assistant Toxicologist and Regulatory Scientist. Dr. Kincaid’s combination of toxicological training, computational expertise, regulatory awareness, and technical communication skills enables her to support clients in preparing, analyzing, and interpreting environmental, toxicity, and public health data to facilitate product approvals, regulatory compliance, and informed business decision-making. Dr. Kincaid supports clients in developing regulatory data for submissions under TSCA, the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), and related chemical management programs, and in advocating for the application of the best available science throughout the regulatory evaluation process.
B&C And LexisNexis Publish 2026 Edition Of “Guide to the Toxic Substances Control Act (TSCA)”
B&C is pleased to announce publication of the 2026 edition of Guide to the Toxic Substances Control Act (TSCA), LexisNexis (Guide to TSCA). Guide to TSCA is the definitive comprehensive treatise on TSCA, written for lawyers, regulatory affairs specialists, and commercial and business people who need to understand the details of this law. The 2026 edition reflects key changes in the TSCA program, the ongoing litigation in multiple federal appellate circuit courts, and the profound influence of the consequential policy changes emerging from the new Administration.
TSCA Reform — Ten Years Later: Conference Panelists Debate Whether It Is Time To Amend TSCA Again
On June 10, 2026, B&C, the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform — Ten Years Later.” A summary of this event and links to a recording and resources are available in B&C’s June 22, 2026, memorandum.
TSCA/FIFRA/TRI
EPA Updates New Approach Methods To Replace Animal Testing For Chemical Assessments
In a significant move toward modernizing chemical safety assessments, on June 2, 2026, the U.S. Environmental Protection Agency (EPA) announced two major actions aimed at replacing traditional, animal-based testing with advanced scientific alternatives, typically known as New Approach Methods (NAM), for chemical assessments under TSCA and FIFRA. EPA is also introducing a streamlined process for researchers, companies, and other stakeholders to nominate NAMs for consideration in pesticide and chemical assessments. According to EPA, these two actions mark major strides in meeting its goal of eliminating all mammalian animal testing by 2035 — an ambitious target set during the first Trump Administration that Administrator Lee Zeldin recommitted to meeting earlier this year. EPA has made gradual progress toward this goal in the past few years, including implementation of its first-ever lab animal adoption program in April 2025 at one of its premiere research laboratories in Research Triangle Park, North Carolina. More information is available in our June 16, 2026, blog item.
EPA Announces Next Step In TSCA Review Of Five Chemicals
EPA announced on June 17, 2026, that it is advancing its review of five chemicals under TSCA — 1,1,2-trichloroethane; 4,4′-(1-methylethylidene)bis[2,6-dibromophenol] (TBBPA); 1,2-dichloropropane; ethylene dibromide; and trans-1,2-dichloroethylene — by sending the underlying science to the Science Advisory Committee on Chemicals (SACC) for peer review and opening it for public comment. The draft documents and draft charge questions are available in the peer review docket EPA-HQ-OPPT-2026-2246 at www.regulations.gov. SACC will consider comments on the draft technical support documents and draft charge questions that are submitted by July 23, 2026. For more information on the SACC review process of these chemicals, please read our June 29, 2026, memorandum.
EPA Seeks Information To Develop TSCA Regulation For Legacy Uses And Associated Disposals Of Asbestos
EPA announced on June 23, 2026, that it seeks information “to develop a durable Toxic Substances Control Act (TSCA) regulation for legacy uses and associated disposals of asbestos, non-chrysotile and chrysotile asbestos fiber types, and asbestos-containing talc” (Asbestos Part 2). EPA evaluated these materials in its 2024 risk evaluation. EPA notes that “[e]xposure risk arises whenever asbestos-containing materials are disturbed — during renovation, demolition, or repair — which is precisely where EPA is focusing its data collection.” According to EPA, obtaining “real-world information directly from workers, building owners, states, Tribes, industry, and communities allows EPA to target protections where people are actually exposed and to build a rule that holds up when challenged, so those protections take effect and stay in place.” Responses are due August 24, 2026. More information is available in our July 2, 2026, memorandum.
Roundup®, FIFRA, And Federal Uniformity: The Supreme Court Speaks
The U.S. Supreme Court issued one of the most significant pesticide law decisions in years on June 25, 2026, holding in Monsanto Co. v. Durnell that FIFRA expressly preempts state-law failure-to-warn claims that would require pesticide labels to include warnings beyond those required by EPA. The Court’s 7-2 decision is expected to have far-reaching implications for pesticide manufacturers, registrants, and the hundreds of pending and future product liability actions challenging EPA-approved labels. More information on this important decision is available in our June 26, 2026, blog item and our July 9, 2026, memorandum.
EPA Announces Selection Of SACC Members
EPA announced on July 1, 2026, the selection of new members to the SACC established under TSCA. EPA states that as required by TSCA, “these well-qualified experts represent a broad range of scientific disciplines and experience including government, labor, public health, public interest, animal protection, and industry.” EPA notes that the experts also have specific scientific expertise in the relationship of chemical exposures to women, children, and other potentially exposed or susceptible subpopulations, further advancing EPA’s mission to protect all Americans from dangerous chemicals. The new SACC includes a total of 23 experts consisting of 11 new and 12 existing members.
EPA’s 2026 Unified Agenda Includes TSCA Rulemakings
On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. EPA’s Unified Agenda includes a number of rulemakings under TSCA. More information is available in our July 13, 2026, blog item.
RCRA/CERCLA/CWA/CAA/PHMSA/SDWA
EPA Proposes UCMR 6
On July 1, 2026, EPA proposed the sixth Unregulated Contaminant Monitoring Rule (UCMR 6). 91 Fed. Reg. 39952. Under the Safe Drinking Water Act (SDWA), the UCMR program gathers data about unregulated contaminant occurrence in drinking water. EPA states that the proposed UCMR 6 would require public water systems (PWS) to collect national occurrence data for seven ultrashort organofluorine compounds (including certain per- and polyfluoroalkyl substances (PFAS)), three pesticide metabolites, 13 semivolatile organic compounds, and seven purgeable organic compounds. Subject to the availability of appropriations, EPA will require all community and non-transient non-community water systems serving 3,300 or more people, and a representative sample of PWSs serving fewer than 3,300 people, to conduct monitoring. According to EPA, these contaminants are not currently subject to national primary drinking water regulations (NPDWR), and EPA proposes to require the collection of drinking water occurrence data to inform Agency decisions. The data collected will be publicly available. EPA will hold two identical virtual, public meetings on August 11, 2026, and August 12, 2026. Comments are due August 31, 2026. Comments on the information collection provisions of the proposed rule under the Paperwork Reduction Act (PRA) must be received by OMB’s Office of Information and Regulatory Affairs (OIRA) by July 31, 2026.
EPA Amends NESHAP For Plywood And Composite Wood Products
EPA published a final rule on July 6, 2026, amending the national emissions standards for hazardous air pollutants (NESHAP) for the Plywood and Composite Wood Products (PCWP) source category. 91 Fed. Reg. 41410. The final rule includes maximum achievable control technology (MACT) standards in the form of emission limitations and work practices as appropriate for total hazardous air pollutants (HAP) (including acetaldehyde, acrolein, formaldehyde, methanol, phenol, propionaldehyde), non-mercury HAP metals, mercury, hydrogen chloride, polycyclic aromatic hydrocarbons, dioxin/furan, and methylene diphenyl diisocyanate. EPA states that sources affected by the amendments include PCWP process units and lumber kilns located at facilities that are major sources of HAP emissions. The final amendments address the 2007 partial remand and vacatur of the 2004 final rule that promulgated the PCWP NESHAP. The final amendments also respond to issues raised in a petition for reconsideration regarding the 2020 residual risk and technology review (RTR) and other amendments to the 2020 PCWP NESHAP. The final rule was effective July 6, 2026. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of July 6, 2026.
EPA Seeks Comment On Draft Guidance For Reducing Risk From PFOA And PFOS In Biosolids
On July 6, 2026, EPA announced the release of a draft memorandum that would, if issued in final, provide guidance to operators of wastewater treatment plants (WWTP) and related facilities, landowners and farmers, state and Tribal water agencies, and the public on ways to reduce potential risks posed by perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids. 91 Fed. Reg. 41020. According to EPA, based on the hypothetical biosolids and sewage sludge use and disposal scenarios modeled and presented in the Draft Risk Assessment, the Biden EPA’s focus on higher-risk scenarios, the lack of discussion about risks to the public, and the use of one part per billion as the modeled concentration resulted in a misconception that all biosolids and sewage sludge use and disposal practices will negatively affect the public. The draft guidance aims to provide clarity to stakeholders about the more common potential risks from PFOA and PFOS and identify some potential practices that can be taken to reduce PFOA and PFOS exposures. Comments are due September 4, 2026.
DOI Revises Simplified Type A Procedures In Regulations For Conducting Natural Resource Damage Assessment For Hazardous Substance Releases
On July 13, 2026, the U.S. Department of the Interior’s (DOI) Office of Restoration and Damage Assessment issued a final rule revising the Type A procedures currently contained in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Natural Resource Damage Assessment regulations to allow natural resource trustees to use a simplified method when conducting damage assessments. 91 Fed. Reg. 42870. Additionally, the final rule includes several conforming changes and corrections intended to fix citations, provide for consistent use of terminology, and remove outdated or duplicative rule provisions and definitions. DOI states that it is removing provisions that it believes are no longer applicable, clarifying other provisions by incorporating language that would implement existing DOI regulatory interpretations, and making other changes and corrections. According to DOI, these revisions also allow for the regulations to meet information collection requirements mandated by OMB. The rule will be effective August 12, 2026. The incorporation by reference of certain material listed in this rule is approved by the Director of the Federal Register as of August 12, 2026. Comments on the information collection requirements in the rule should be submitted to OMB by August 12, 2026.
FDA
FDA Provides Update For PFAS In Food
On June 9, 2026, the U.S. Food and Drug Administration (FDA) updated its PFAS web page “to provide information on the agency’s considerations for next steps related to PFAS in food.” FDA notes that future FDA risk management actions may focus on levels of PFAS in bottled water, seafood, and infant formula. FDA provides additional information in a question and answer format.
FDA Extends Comment Period For Phthalate Evaluation
June 24, 2026, FDA extended the public comment period for the FDA Review of Select Ortho-Phthalate Food Contact Substances as Chemically or Pharmacologically Related (CPR) Substances, following a request by the Food Contact Safety Council, to July 26, 2026. Additional information for FDA’s evaluation, which focuses on eight phthalates, is available on FDA’s website.
FDA Releases 2026 Human Foods Program Agenda
On June 29, 2026, FDA’s Human Foods Program (HFP) released an updated agenda that includes the following new topics:
- Labeling Caffeine Content in Foods and Beverages: Draft Guidance for Industry;
- Questions and Answers Regarding Use of the “Healthy” Claim; and
- Necessity of the Use of Food Product Categories in Food Facility Registrations and Updates to Food Product Categories: Guidance for Industry.
A full list of the Foods Program Guidance Under Development is available online.
NANOTECHNOLOGY
ISO Publishes Specification For Characteristics And Measurement Methods For Nanoporous Silica Microparticles Applied In Liquid Chromatography
In June 2026, the International Organization for Standardization (ISO) published standard ISO/TS 4966:2026, “Nanotechnologies — Silica nanomaterials — Specification of characteristics and measurement methods for nanoporous silica microparticles applied in liquid chromatography.” The standard specifies characteristics to be measured and applicable measurement methods of nanoporous silica microparticles in powder form used as stationary phases in liquid chromatography. ISO notes that the standard does not cover materials with surface treatments after manufacturing and characteristics specific for health, the environment, and safety issues.
OECD Issues Two New Test Guidelines For Nanomaterials
The Organisation for Economic Co-operation and Development (OECD) published on July 2, 2026, two new Test Guidelines (TG) for nanomaterials:
- Test No. 127: Dustiness determination of materials containing nano‑objects and their aggregates and agglomerates; and
- Test No. 322: Determination of the Solubility and Dissolution Rate of Nanomaterials for Environmental Fate Assessment.
More information is available in our July 9, 2026, blog item.
BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY
B&C® Biobased And Sustainable Chemicals Blog
For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.
PUBLIC POLICY AND REGULATION
Public Policy And Regulation Blog®
Our insights on policy developments affecting industrial and agricultural chemicals and the products in which they are included are available at https://www.lawbc.com/brand/publicpolicyblog/.
PRODUCT STEWARDSHIP
Product Stewardship Blog™
Product stewardship has emerged as a defining standard against which to measure chemical product excellence.This blog focuses on legal, policy, and voluntary stewardship initiatives affecting the design, manufacture, marketing, and end-of-life management of products. To read about product stewardship initiatives, go to https://www.lawbc.com/brand/productstewardshipblog/.
LEGISLATIVE
Bipartisan Senate Bill Would Protect Firefighters From PFAS
On June 18, 2026, Senators Martin Heinrich (D-NM), Deb Fischer (R-NE), Peter Welch (D-VT), and John Curtis (R-ID) introduced the Protecting Firefighters and Advancing State-of-the-Art (PFAS) Alternatives Act of 2026 (S. 4844), “legislation to support the development of next-generation, PFAS-free protective gear to better protect firefighters from the dangers of their work.” According to Heinrich’s June 23, 2026, press release, the bill would:
- Establish a grant program within the National Institute for Occupational Safety and Health (NIOSH) to fund the research, development, and testing of next-generation, toxin-free turnout gear;
- Ensure that such research is done by, and in collaboration with, firefighters and entities that understand the unique demands that firefighters face;
- Authorize up to $25 million in fiscal years (FY) 2027 through 2031 for that research, development, and testing; and
- Authorize an additional $2 million for FYs 2028 through 2032 for the development and dissemination of best practices and trainings to ensure that firefighters are equipped with the knowledge to ensure that the next-generation turnout gear is as effective as possible at reducing their risk of potentially harmful exposures.
Bipartisan House Bill Would Ban Paraquat
Representatives Anna Paulina Luna (R-FL) and Chellie Pingree (D-ME) introduced the Paraquat Prevention Act (H.R. 9357) on June 18, 2026. The bill would cancel all registered uses of the pesticide paraquat under FIFRA and permanently prohibit its reregistration. According to Luna’s June 18, 2026, press release, the bill would direct EPA to cancel all existing paraquat registrations, revoke any tolerances permitting paraquat residue in food, and ban the sale and use of existing stocks upon enactment.
Bipartisan Senate Bill Would Protect Children From Toxic Chemicals In Toys
On June 24, 2026, Senators Jon Ossoff (D-GA) and John Cornyn (R-TX) introduced the No Lead in Toys Act (S. 4932), a bipartisan bill to protect children from toxic chemicals in toys. Ossoff’s July 1, 2026, press release notes that in February 2026, the U.S. Government Accountability Office (GAO) released a report in response to a 2024 inquiry from Ossoff into how the Consumer Product Safety Commission (CPSC) conducts testing on products intended for children ages 12 and under for potential lead contamination and other safety hazards. According to the press release, the report found that the CPSC “has failed to review and update its testing requirements for lead despite being required to do so at least every five years and that the CPSC does not have written procedures for monitoring changes related to toxic substances in children’s products.” The bill would direct CPSC to implement GAO’s recommendations to strengthen that oversight of toxic substances in children’s products and protect kids from dangerous chemicals.
House Bill Would Require Corps Of Engineers To Carry Out Advanced Planning For Dredging Activities In Areas With Known PFAS Contamination
On June 25, 2026, Representative Hillary Scholten (D-MI) introduced the Clean Ports for Commerce Act (H.R. 9483), which would require the U.S. Army Corps of Engineers (USACE) to engage in advanced planning for dredging in areas with known PFAS contamination. According to Scholten’s July 2, 2026, press release, PFAS are widespread contaminants in drinking water, soil, and food. The press release states that Scholten developed the bill “after the Grand Haven Inner Harbor almost missed a dredging cycle due to a lack of advanced planning, and Congresswoman Scholten advocated for a compromise to ensure that the dredging project safely proceeded on time.”
Bipartisan House Bill Would “Protect Americans’ Right To Hold Big Chemical Companies Accountable”
On June 29, 2026, Representatives Chellie Pingree (D-ME) and Thomas Massie (R-KY) introduced the People Over Poison Act (H.R. 9528), “legislation to protect Americans’ right to hold pesticide manufacturers accountable under state law when they fail to warn consumers about the risks of their products.” Pingree’s June 29, 2026, press release notes that the bill “comes days after the U.S. Supreme Court ruled in favor of Bayer — formerly Monsanto — in Monsanto v. Durnell, a case centered around Roundup, the company’s widely used glyphosate-based herbicide.” As reported in our July 9, 2026, memorandum, in its decision, the Court held that FIFRA preempts state-law failure-to-warn claims when those claims involve a warning not mandated by EPA. The bill would reverse the Monsanto v. Durnell ruling “by explicitly stating that FIFRA does not block or limit state tort claims related to pesticide labeling or packaging — preserving the right of people harmed by pesticides to seek accountability in court.”
Bipartisan House Bill Would Ban PFAS In Cosmetics
On July 6, 2026, Representatives Debbie Dingell (D-MI), Brian Fitzpatrick (R-PA), and Laura Friedman (D-CA) introduced the bipartisan No PFAS in Cosmetics Act (H.R. 9594), which would ban the use of PFAS in cosmetics. The legislation would require FDA to ban the use of PFAS in cosmetic products within 270 days of the bill’s enactment.
Bipartisan House Bill Would Ban PFAS In Food Containers
On July 6, 2026, Representatives Debbie Dingell (D-MI) and Brian Fitzpatrick (R-PA), Co-chairs of the Congressional PFAS Task Force, reintroduced the bipartisan Keep Food Containers Safe from PFAS Act (H.R. 9593), which would prohibit intentionally added PFAS in food packaging. According to Dingell’s July 7, 2026, press release, PFAS “are frequently used to greaseproof, waterproof, and give nonstick properties to food containers, cookware, and consumer products. And it has been proven that the PFAS in those containers can contaminate the food, causing liver disease, thyroid dysfunction, and several forms of cancer.”
MISCELLANEOUS
California DPR Announces Proposed Revisions To Enforcement Response Regulations
On June 12, 2026, the California Department of Pesticide Regulation (DPR) announced proposed revisions to its enforcement response regulations. The initiative proposes to increase fines, revise the criteria for referring violations to enforcement, re-define violation types, and make other clarifications or amendments to enforcement procedure. The last major substantive update to the regulations took place in 2006. The public comment period for the proposal runs through July 28, 2026. Comments may be submitted online through DPR’s virtual comment portal, or via e-mail to dpr26002@cdpr.ca.gov. DPR will hold a series of public hearings during the comment period on July 8, July 21, and July 28, 2026, to present the proposed regulations and receive oral and written comments. Information about meeting times, agendas, and more can be found on DPR’s events page. More information is available in our June 29, 2026, blog item.
EPA Conforms EPCRA Hazardous Chemical Inventory Reporting Requirements With 2024 OSHA Hazard Communication Standard
On June 22, 2026, EPA issued a final rule conforming the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations to the U.S. Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) amendments of 2012 and 2024. 91 Fed. Reg. 37022. EPA’s final rule conforms the terminology used and information that must be reported on the hazardous chemical inventory forms to the HCS amendments. According to EPA, as a result, “this action improves first responder and community safety, reduces discrepancies and confusion, prevents interpretation burdens on facilities when using (Material) Safety Data Sheets (MSDS) to complete annual hazardous chemical inventory reports, and enhances clarity.” The final rule will be effective August 21, 2026. The compliance date for the use of the new hazard categories is January 1, 2028. EPA states that it “expects these changes to be reflected in 2027 EPCRA section 312 annual reports, due March 1, 2028.” More information is available in our June 23, 2026, blog item.
CPSC Will Not Revise Lead Limits For Children’s Products And Paints
CPSC published a notice on June 24, 2026, announcing that it has evaluated whether to revise lead limits for children’s products and paints or similar surface-coating materials, including toys and other articles intended for use by children and furniture articles for consumer use, that bear lead-containing paint. 91 Fed. Reg. 37957. CPSC states that it “has determined that current regulations already require the lowest amount of lead that is technologically feasible to achieve. Therefore, the Commission is not revising these lead limits at this time.”
EPA Memorandum Reforms NEPA Comment Letter Process
EPA announced on June 24, 2026, “a new implementation memorandum that promotes common sense, transparency, and clarity when EPA comments on other agencies’ Environmental Impact Statements under Clean Air Act (CAA) Section 309 and National Environmental Policy Act (NEPA) Section 102(2)(C).” EPA states that it “has important, statutory-based advisory roles under NEPA and CAA Section 309, whereby other federal agencies can consult and seek the agency’s input on environmental reviews, including those conducted as part of federal permitting.” EPA frequently submits formal comment letters to the lead agencies, providing analysis and recommendations that become part of the public record and can influence permitting decisions and agency actions. The memorandum will guide EPA staff as they draft comment letters and reinforces that EPA is an advisor, not the lead or final decisionmaker, on many federal projects. According to EPA, “[t]he Trump EPA will ensure its comment letters will support efficient, coordinated federal decision-making by providing plain‑language and practical recommendations that are squarely in EPA’s lane by zeroing in on clean air, water, and land for all Americans while also promoting economic growth.”
EPA Announces $450 Million Settlement With PFAS Manufacturer
On June 24, 2026, EPA, the U.S. Department of Justice (DOJ), and the West Virginia Department of Environmental Protection (WV DEP) announced “the first comprehensive federal settlement with a major PFAS manufacturer, Chemours.” Under the $450 million settlement agreement, Chemours will spend more than $337 million on injunctive relief, including an estimated $280 million to provide alternative drinking water, $60 million to ensure compliance with the law at its West Virginia facility, and additional funds to ensure compliance at its other facilities. Additionally, Chemours will conduct projects under a multi-year, government-supervised $90 million PFAS mitigation program. EPA states that the settlement “further advances EPA’s ‘polluter pays’ commitment, holding accountable those who have significantly contributed to the release of these ‘forever chemicals.’” More information is available in our July 14, 2026, memorandum.
EPA Updates Procedures For Implementing NEPA And Assessing The Environmental Effects Abroad Of EPA Actions
On June 25, 2026, EPA proposed amendments to its procedures for implementing NEPA requirements. 91 Fed. Reg. 38359. The proposed rule would also include technical amendments to EPA’s procedures to improve clarity, correct errors, and update office names and titles. Th proposed rule would amend EPA’s NEPA implementing procedures by incorporating proposed revisions to create efficiencies in the implementation of NEPA and to harmonize EPA’s NEPA Implementing Procedures with other federal agencies’ procedures, where possible. According to EPA, the proposed rule also incorporates the amendments to NEPA enacted through the Fiscal Responsibility Act of 2023 and the One Big Beautiful Bill Act of 2025; makes changes consistent with Executive Order 14154, Unleashing American Energy; makes changes based on the Council on Environmental Quality’s (CEQ) subsequent rescission of its NEPA regulations; and to reflect the Supreme Court’s May 29, 2025, decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, 605 U.S. 168 (2025). Comments are due July 27, 2026.
IRS Adds Two Substances To List Of Chemical Substances Subject To Superfund Excise Tax
The Internal Revenue Service (IRS) published a notice of determinations on June 26, 2026, that the list of taxable substances is modified to include the following two substances: chloro-isobutene-isoprene rubber and ethylene-propylene-dicyclopentadiene rubber. 91 Fed. Reg. 38778. Arlanxeo USA LLC and Arlanxeo Canada Inc., importers and exporters of the chemicals, submitted petitions requesting the IRS to add the chemicals to the list. The IRS states that according to the petition for chloro-isobutene-isoprene rubber, the taxable chemicals butylene, chlorine, and sodium hydroxide constitute 97.36 percent by weight of the materials used to produce this substance, based on the predominant method of production. According to the petition for ethylene-propylene-dicyclopentadiene rubber, the taxable chemicals ethylene and propylene constitute 98.80 percent by weight of the materials used to produce this substance, based on the predominant method of production. For purposes of the tax under Section 4671 of the Code, these additions to the list of taxable substances will be effective October 1, 2026. For purposes of refund claims under Section 4662(e) of the Code, the additions were effective April 1, 2023.
California Adds Microplastics To SCP Candidate Chemicals List
On June 18, 2026, the California Department of Toxic Substance Control’s (CDTSC) Safer Consumer Products (SCP) Program issued a final regulation adding microplastics to the Candidate Chemicals List due to concerns about widespread exposures and potential for adverse impacts. This regulation defines microplastics as “plastics that are less than 5 millimeters in their longest dimension, inclusive of those materials that are intentionally manufactured at those dimensions or are generated by the fragmentation of larger plastics.” Manufacturers of microplastics or products containing microplastics do not need to take any action as a result of this rulemaking. Going forward, CDTSC will further evaluate consumer products that contain or generate microplastics for possible regulatory action.
Challenges To New Mexico’s PFAS Rule Filed In State And Federal Court
The New Mexico Environment Department (NMED) published in the May 5, 2026, issue of the New Mexico Register a final rule on PFAS in consumer products. On May 22, 2026, Diamond Vogel, Inc., a paint manufacturer, filed a Notice of Appeal in the New Mexico Court of Appeals (Diamond Vogel v. New Mexico, Ct. App. No. A-1-CA-43483). Diamond Vogel is challenging the final rule’s labeling and fee provisions. On July 1, 2026, a coalition of industry associations filed suit in the U.S. District Court for the District of New Mexico (American Chemistry Council (ACC) v. Kenney, Case No. 1:26-cv-02130). The coalition argues that the final rule is unconstitutional and that its enforcement should be permanently enjoined. More information is available in our July 8, 2026, memorandum.
EPA’s 2026 Unified Agenda Includes PFAS Rulemakings
On July 3, 2026, OMB published the Trump Administration’s 2026 Unified Agenda. EPA’s Unified Agenda includes a number of rulemakings regarding PFAS. More information is available in our July 10, 2026, blog item.
ACGIH Begins Second Comment Period For 2026 TLV Development Process
The American Conference of Governmental Industrial Hygienists (ACGIH®) announced on July 9, 2026, that the second comment period has begun for the 2026 Threshold Limit Value (TLV®) Development Process. The second comment period, which began July 1, 2026, will end September 30, 2026, with ratification occurring in November 2026, and updates in December 2026. ACGIH states that updated documentation is available on its website through Data Hub and for purchase as PDFs in the Publications Store. The updated list of notice of intended changes (NIC) and adopted substances is available on ACGIH’s website.
Updated MOU Between USDA, HHS, And EPA Addresses Drug Residues, Pesticide Residues, And Chemical Contaminants In Food
On July 10, 2026, the U.S. Department of Agriculture (USDA), U.S. Department of Health and Human Services (HHS), and EPA announced an updated Memorandum of Understanding (MOU) to “reaffirm their shared commitment to protecting consumers from heavy metals and other contaminants in food.” USDA’s July 10, 2026, press release notes that for decades, USDA, HHS, and EPA have coordinated through the National Residue Program to monitor and regulate meat, poultry, and egg products. The updated MOU states that its purpose is “to promote effective, efficient, and coordinated Federal activities concerning drug residues, pesticide residues, and chemical contaminants (collectively, ‘chemical residues and contaminants’) that have the potential to adulterate meat, poultry, or egg products.” More information will be available in a forthcoming memorandum.
OEHHA Will Hold Workshop On Potential Proposition 65 Amendments
California’s Office of Environmental Health Hazard Assessment (OEHHA) will hold a workshop on July 30, 2026, to discuss potential amendments to the Proposition 65 regulations. OEHHA states that the workshop “will include a discussion of potential regulatory amendments that OEHHA will publish on its website prior to the workshop.” Registration to attend online is available.
| This Update is provided as a complimentary service to our clients and is for informational purposes. This Update may be copied or quoted, provided proper attribution is given. The contents are not intended and cannot be considered as legal advice. |