Recent Federal Developments for June 2026

June 16, 2026 — “Microplastics Unpacked: Science, Risk, and Regulatory Response” Webinar

As part of Smithers’ multi-part “Little Particles, Big Problems?” webinar series, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C^®); Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist, B&C; L. Claire Hansen, Associate, B&C; and Catherina D. Narigon, Associate, B&C, will present on microplastic regulatory management in the United States and European Union (EU) as it applies to packaging. This webinar, scheduled for tomorrow, June 16, 2026, will focus on current and emerging issues for producers and stakeholders. Register now.

Available On-Demand: “TSCA Reform – 10 Years Later” Hybrid Live And Virtual Conference

B&C wishes to thank everyone who helped make this year’s TSCA Reform Conference an amazing success. The speaker discussions and attendee comments resulted in a substantive and stimulating event. Bloomberg Law reported on some of the varying views shared by speakers in the article “Lawmakers’ Latest Effort to Revise Chemical Law Lacks Consensus.” A recording of the livestream is available now.

TSCA/FIFRA/TRI

Appellate Court Vacates And Remands District Court Decision In TSCA Fluoride Case

As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal in the U.S. Court of Appeals for the Ninth Circuit of the U.S. District Court for the Northern District of California’s 2024 decision finding that the Plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. Food & Water Watch v. EPA (No. 25-384). Under the Trump Administration, EPA continued its appeal, presenting legal grounds for reversal rather than asking the appellate court to review the district court’s factual findings on the scientific issues. On May 21, 2026, the U.S. Court of Appeals for the Ninth Circuit filed a memorandum of disposition, vacating the district court’s September 2024 decision and remanding for further consideration. For more information and our commentary, please read our May 29, 2026, memorandum.

EPA Extends Deadline For Reporting Health And Safety Data For 16 Chemicals

On May 22, 2026, EPA extended the reporting deadline for a rule under Section 8(d) of the Toxic Substances Control Act (TSCA) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 91 Fed. Reg. 30222. The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that are currently manufacturing (including importing) a listed chemical substance (or will do so during the chemical’s reporting period), or that have manufactured (including imported) or proposed to manufacture (including import) a listed chemical substance within the last ten years. EPA states that it is “considering a proposal to modify the scope of the TSCA section 8(d) Health and Safety Data Reporting Rule, including because of legitimate concerns raised regarding the scope of the rule and obligations arising thereunder and the ability of regulated parties to comply in a cost reasonable manner that provides information that is useful to the purposes underlying the rule.” EPA extended the reporting deadline from May 22, 2026, to May 21, 2027, for the chemicals covered under the rule:

• 4,4-Methylene bis(2-chloraniline);

• 4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol);

• Acetaldehyde;

• Acrylonitrile;

• Benzenamine;

• Benzene;

• Bisphenol A (BPA);

• Ethylbenzene;

• Naphthalene;

• Vinyl chloride;

• Styrene;

• Tribromomethane (bromoform);

• Triglycidyl isocyanurate;

• Hydrogen fluoride;

• N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD); and

• 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone).

More information on EPA’s December 13, 2024, final rule is available in our December 23, 2024, memorandum.

EPA Issues Final SNURs For Certain Chemical Substances

EPA published final significant new use rules (SNUR) on May 22 and May 29, 2026, for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to TSCA. 91 Fed. Reg. 30226, 91 Fed. Reg. 31962. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. Persons may not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the SNUN, made an appropriate determination, and has taken such actions as are required by that determination. The May 22, 2026, SNURs will be effective July 21, 2026. The May 29, 2026, SNURs will be effective July 28, 2026.

EPA Files Administrative Complaint Against Chemical Supplier For TSCA Violations

EPA announced on June 1, 2026, that it has filed an administrative complaint against Wego Chemical Group and related companies (Wego) for violations of TSCA. According to EPA, the complaint is the result of Wego’s “years-long” failure to report properly its import and domestic distribution of chemical substances. If the 684 counts hold and maximum penalties are sought, EPA’s enforcement matter against Wego could yield a massive $34 million penalty for alleged violations of TSCA — the vast majority of which involve violations for lack of reporting under EPA’s Chemical Data Reporting (CDR) rule. For more information on the complaint against Wego, please read our June 3, 2026, memorandum.

EPA Expands List Of NAMs And Introduces Process To Nominate NAMs For Consideration In Chemical Assessments

EPA announced on June 2, 2026, that it is adding 13 new New Approach Methods (NAM) from external authoritative bodies to the Agency’s approved list that industry, researchers, and other stakeholders use to comply with TSCA testing requirements. New additions to the list include:

• A new method to evaluate eye hazards with reconstructed human cells;

• A method to evaluate phototoxicity using a three-dimensional human cell-based tissue model; and

• Combinations of Organisation for Economic Co-operation and Development (OECD)-validated in chemico and in vitro test data to identify potential dermal sensitization hazard, dermal sensitization potency, and a quantitative point of departure.

EPA also launched a streamlined process for researchers, companies, non-governmental organizations (NGO), and other stakeholders to nominate NAMs for use in chemical assessments. EPA will review any first-round submissions that are sent to nam@epa.gov and then pursue any promising submissions further by providing the submitter with an in-depth form to complete about the NAM, which will then be evaluated by EPA scientists. EPA will add accepted methods to its NAMs list.

EPA Announces Settlement With International Agribusiness Company For TSCA Violations

EPA announced on June 4, 2026, a settlement with an international agribusiness company for claims of TSCA violations at its facilities in California and Washington. According to EPA, Wilbur-Ellis Company agreed to pay a penalty of $630,737 for failing to report chemical production properly. EPA notes that as a result of its action, “the company returned to compliance with federal chemical production reporting requirements.” More information is available in our June 12, 2026, memorandum.

EPA Proposes SNURs For Certain Chemical Substances

On June 5 and June 10, 2026, EPA proposed SNURs for certain chemical substances that were the subject of PMNs and are also subject to an Order issued by EPA pursuant to TSCA. 91 Fed. Reg. 34480, 91 Fed. Reg. 35156. The SNURs would require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the conditions of that use for that chemical substance. In addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification, made an appropriate determination regarding that notification, and taken such actions as required by that determination. Comments on the June 5, 2026, proposed SNURs are due July 6, 2026. Comments on the June 10, 2026, proposed SNURs are due July 10, 2026.

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.” The conference marked the tenth TSCA Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and where TSCA stands today. Speakers covered a variety of topics, including the risk evaluation framework; risk management rules; new chemical review; ten years of the Lautenberg Act; and the prospects for TSCA reform. A recording of the conference is available online. The conference materials are available on the ELI website. More information will be available in a forthcoming memorandum.

EPA Draft Risk Evaluation For TBBPA Identifies Unreasonable Risk To Workers And To The Environment

On June 12, 2026, EPA released its draft risk evaluation for 4,4′-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA) under TSCA. EPA states in its press release that “[u]sing gold standard science — including real-world monitoring data and modeling — the draft identifies unreasonable risk to workers from inhalation exposure (three conditions of use [COU]) and unreasonable risk to the environment from releases to surface water during certain processing and disposal activities (two [COUs]). The draft did not find unreasonable risk to consumers or the general population.” A 60-day comment period will begin when EPA publishes a Federal Register notice announcing the availability of the draft risk evaluation. EPA notes that it “specifically welcomes additional data, including local monitoring and biomonitoring, information on potentially exposed or susceptible subpopulations (such as fenceline communities and Tribes with high fish consumption), and information on cumulative exposure to multiple flame retardants.” More information will be available in a forthcoming memorandum.

EPA Releases Final SACC Report On Draft D4 Risk Evaluation

EPA released on June 12, 2026, the Science Advisory Committee on Chemicals’ (SACC) final report and meeting minutes from the December 2025 virtual public meeting on the draft risk evaluation for octamethylcyclotetrasiloxane (D4) under TSCA. EPA notes that D4 “is used to make silicone polymers and is found in everyday products like cosmetics and hair care — which is precisely why EPA is committed to getting this evaluation right and using it to support the most protective measures the science supports, consistent with TSCA’s requirements.” EPA states that it will use SACC’s comments, together with public comments, to strengthen the final TSCA risk evaluation for D4.

EPA Plans To Expand Immediately MyPeST Platform For Pesticide Submission

EPA’s Office of Pesticide Programs (OPP) has initiated the rollout of its new pesticide application submission service within its MyPeST application. EPA plans to replace the Pesticide Submission Portal (PSP) within its Central Data Exchange (CDX) for pesticide submissions with the expanded MyPeST platform for all customer interactions. The rollout will occur in three Phases — with Phase I going into effect on July 3, 2026. All data submitters, therefore, must have active CDX PSP and MyPeST accounts by this date. More information on the rollout of the new pesticide application submission service within EPA’s MyPeST application is available in our June 8, 2026, blog.

EPA Activates Emergency Viral Pathogen Guidance For Hantavirus

EPA has activated its Emerging Viral Pathogen (EVP) Guidance for Antimicrobial Pesticides (Guidance) in response to hantavirus, which had been considered to be a rare disease caused by an infection from some hantaviruses (including Andes Virus). According to the U.S. Centers for Disease Control and Prevention (CDC), hantaviruses are a family of viruses that cause serious illness and sometimes death in people worldwide. The viruses are spread by infected rodents through their urine, feces, and saliva. Some hantaviruses cause Hantavirus Pulmonary Syndrome (HPS). Early symptoms of HPS in people resemble many other respiratory illnesses, making HPS difficult to diagnose at illness onset. Hemorrhagic Fever with Renal Syndrome (HFRS) is a rare disease that is caused by an infection from some hantaviruses and can cause kidney damage. The EVP Policy for the hantavirus expires in May 2028. More information is available in our May 21, 2026, blog. See also our blog entitled “Cruise Control: Hantavirus, Rodent Control, and FIFRA’s Expanding Public Health Role.”

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Proposes Rules To Extend Time To Comply With PFOA And PFOS Drinking Water Standards And Rescind Regulatory Determinations And Regulations For Other PFAS

On May 18, 2026, EPA announced two proposed rules. The first proposed rule would uphold the federal drinking water Maximum Contaminant Levels (MCL) for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) while providing an option for drinking water systems to request two additional years to comply with the enforceable limits. 91 Fed. Reg. 29425. The second proposed rule would rescind the regulatory determinations and regulations for perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid and its ammonium salt (HFPO-DA) (commonly known as GenX chemicals), and Hazard Index mixtures of these three per- and polyfluoroalkyl substances (PFAS) plus perfluorobutane sulfonic acid (PFBS). 91 Fed. Reg. 29413. EPA will hold consecutive virtual public hearings on July 7, 2026, during which the Agency will present information on the proposed rules and receive verbal comments. Comments are due July 20, 2026. Comments on the information collection provisions of the proposed PFOA and PFOS extension rule under the Paperwork Reduction Act (PRA) must be received by the Office of Management and Budget’s Office of Information and Regulatory Affairs by June 22, 2026. For more information on the two proposed rules, please read our May 21, 2026, memorandum.

EPA Proposes Excluding Road And Intermodal Container Transport Refrigeration Units From HFC Leak Repair Requirements

On May 26, 2026, EPA proposed an exemption for road and intermodal container transport refrigeration units (TRU) from the leak repair requirements established under the American Innovation and Manufacturing (AIM) Act. 91 Fed. Reg. 30532. In the final rule “Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020,” EPA established leak repair requirements for refrigerant-containing appliances with a charge size of five pounds or more that contain a hydrofluorocarbon (HFC) or certain substitutes for HFCs. EPA states that it intended to exempt refrigerant-containing road and intermodal container TRUs from the leak repair requirements and is issuing the proposed rule to clarify the applicability of these requirements. EPA notes that it is not proposing other amendments or taking comment on any other aspects of the 2024 “Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020.” Comments are due July 10, 2026.

EPA Issues Final RTR For NESHAP From Hazardous Waste Combustors

On June 3, 2026, EPA issued the final residual risk and technology review (RTR) conducted for the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors (HWC). 91 Fed. Reg. 33484. According to EPA, risks due to emissions of hazardous air pollutants (HAP) from this source category are adequately addressed by the existing standards; the NESHAP provides an ample margin of safety to protect public health; and no developments in practices, processes, or control technologies necessitate revision of the standards. In addition, EPA notes that it is promulgating emission standards for hydrogen fluoride (HF) and hydrogen cyanide (HCN) emissions from major source HWC incinerators, cement kilns, solid fuel boilers, and liquid fuel boilers under Clean Air Act (CAA) Sections 112(d)(2) and (3) and 112(h). The final amendments also include work practice standards under CAA Section 112(h) for periods of startup, shutdown, and malfunction (SSM); new electronic reporting provisions and requirements; provisions allowing states to choose to exempt area source HWCs from certain permitting requirements; and certain typographical and technical corrections and clarifications. The final rule was effective June 3, 2026.

EPA Proposes To Rescind Regulations For Arbitration Requirements And Procedures For Small Superfund Cost Recovery Claims

EPA proposed on June 3, 2026, to rescind the regulations establishing arbitration procedures for small cost recovery claims arising under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 91 Fed. Reg. 33133. According to EPA, arbitration was intended to be an alternative dispute resolution technique for reaching settlements with individuals, corporations, or municipalities in appropriate small cost recovery cases. EPA states that it is not aware of the last time the process was used, however, or if it has been used at all. If the process were ever used in the future, EPA notes that it could be in the position of using an unpracticed method, which may require shifting and/or reallocating limited Agency resources. Comments are due August 3, 2026.

EPA Proposes To Amend Administrative Hearing Procedures For Claims Against Hazardous Substance Superfund Pursuant To CERCLA

On June 3, 2026, EPA proposed to amend the administrative hearing procedures for claims brought against the Hazardous Substance Superfund pursuant to CERCLA. 91 Fed. Reg. 33135. According to EPA, CERCLA Sections 111(a)(2) and 122(b)(1) authorize it to, among other things, use the Hazardous Substance Superfund to reimburse certain persons who file claims for eligible response costs incurred in carrying out the National Oil and Hazardous Substances Pollution Contingency Plan. In this action, EPA is proposing to amend 40 C.F.R. Section 305.31(a) to simplify the body of federal regulations and to enable the admission of evidence that is relevant and otherwise acceptable but also “of little probative value” when considered by itself. Comments are due August 3, 2026.

EPA Will Accept Electronic Submission Of PCB Annual Reports

EPA’s Office of Resource Conservation and Recovery (ORCR) Polychlorinated Biphenyls (PCB) Program announced on June 4, 2026, that PCB Annual Reports can be submitted via EPA’s Resource Conservation and Recovery Act (RCRA) Info System (RCRAInfo). 91 Fed. Reg. 33722. EPA states that it is “moving towards all-electronic reporting to improve simplicity, cost-effectiveness, and efficiency.” The alternative electronic submission of PCB Annual Reports is effective immediately for reports due on and after July 15, 2026.

FDA

FDA Updates Food Chemical Toxicity Screening Tool

On May 14, 2026, the U.S. Food and Drug Administration (FDA) added an instructional video to provide guidance on using FDA’s Expanded Decision Tree (EDT) for conducting screening for substances in food. The EDT is a NAM that leverages large data sets to inform risk management decisions and is a modernized version of the Cramer Decision Tree tool. FDA notes that the EDT, “once fully operational and automated, will enable fast screenings of chemicals, will help to identify data gaps in information about chemicals, will help support the agency’s assessment of chemicals submitted through premarket programs, will help screen and prioritize chemicals for further evaluation through the post-market assessment program, and will inform assessments of cumulative toxicity and mixtures of chemicals.” Additional information is available on FDA’s website.

FDA Releases Evaluation Of Phthalates

On May 27, 2026, FDA released an evaluation of the following eight ortho-(o)-phthalates (phthalates) currently authorized as plasticizers for food contact use:

• Diisononyl phthalate (DINP);

• Diisodecyl phthalate (DIDP);

• Di(2-ethylhexyl) phthalate (DEHP);

• Dicyclohexyl phthalate (DCHP);

• Butylphthalyl butyl glycolate (BPBG);

• Diethyl phthalate (DEP);

• Ethylphthalyl ethyl glycolate (EPEG); and

• Diisooctyl phthalate (DIOP).

FDA reviewed published literature to “assess their physicochemical, toxicokinetic and toxicodynamic properties in order to determine whether they should be considered chemically and/or pharmacologically related (CPR) for the purposes of a cumulative risk assessment (CRA).” FDA’s findings support grouping the following phthalates as CPR substances for the purpose of a future CRA: DEHP; DCHP; DIOP; and DINP. FDA notes that it will “consider stakeholder input on the use of this grouping for a future [CRA].” The public is encouraged to comment by June 26, 2026, through docket FDA-2026-N-5776.

FDA Reopens Comment Periods For Solvent Petitions

On May 28, 2026, FDA announced the reopening of the comment periods for a food additive petition (91 Fed. Reg. 31681) and a color additive petition (91 Fed. Reg. 31860), both seeking to prohibit the use of certain solvents. The food additive petition, if approved, would prohibit certain uses of benzene, ethylene dichloride, methylene chloride, and trichloroethylene, while the color additive petition, if approved, would prohibit certain uses of ethylene dichloride, methylene chloride, and trichloroethylene. According to FDA in each notice, it is “reopening the comment period to allow for the submission of any updated data and other information over the last two years” and is “seeking comment on what practical considerations food manufacturers would have in phasing out impacted uses if FDA were to grant this petition in part or in whole.” Comments for both petitions must be submitted by June 29, 2026.

NANOTECHNOLOGY

EUON Publishes Nanopinion On How Simple Rules Can Guide The Design Of Boron Nanomaterials

On June 9, 2026, the EU Observatory for Nanomaterials (EUON) published a Nanopinion entitled “From Boron Fullerenes to Borophenes: A Simple Rule for Designing New Nanomaterials” by Nevill Gonzalez Szwacki, Ph.D., a theoretical physicist at the Faculty of Physics, University of Warsaw. The article describes how an idea known as atomic coordination can link different types of boron nanomaterials, including boron fullerenes and borophenes. The article notes that this coordination-based approach could give researchers a more practical way to design new boron nanomaterials.

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 Authorize EPA’s Safer Choice Program

On June 2, 2026, Senators Chris Coons (D-DE) and Jon Husted (R-OH) introduced the Safer Choice Program Authorization Act (SCPAA) (S. 4664) to authorize formally and strengthen EPA’s Safer Choice Program. Coons’ June 3, 2026, press release states that the SCPAA would codify EPA’s Safer Choice and Design for the Environment (DfE) Programs, “which have helped drive innovation in safer chemistry for decades while providing consumers and institutional purchasers with a trusted federal label for safer products.” The Safer Choice and DfE Programs have never been formally authorized by Congress, and the SCPAA would provide statutory certainty for the Programs and the stakeholders that depend on them. More information is available in our June 4, 2026, blog item.

House Appropriations Committee Approves FY 2027 Interior, Environment, And Related Agencies Appropriations Bill

On June 3, 2026, the House Appropriations Committee met to consider the Fiscal Year (FY) 2027 Interior, Environment, and Related Agencies Appropriations Bill. According to the Committee’s June 3, 2026, press release, the bill provides a total discretionary allocation of $38.9 billion. The bill summary, before adoption of amendments, states that it would provide $7.04 billion for EPA, which is $1.8 billion (20 percent) below the FY 2026 enacted level. The funding for EPA would include:

• Science and Technology: $527.94 million for Science and Technology, which is $216.3 million (29 percent) below the FY 2026 enacted level;

• Environmental Programs and Management: $2.29 billion for Environmental Programs and Management, which is $821 million (26.4 percent) below the FY 2026 enacted level;

• Hazardous Substance Superfund: $290.04 million for the Hazardous Substance Superfund, which is equal to the budget request and takes into account additional funding from the estimates of fee receipts; and

• State and Tribal Assistance Grants: $3.7 billion for State and Tribal Assistance Grants, which is $713.2 million (16.2 percent) below the FY 2026 enacted level.

Bicameral Legislation Would Ban Certain Chemicals From Food Packaging

On June 9, 2026, Representative Jan Schakowsky (D-IL), Senator Richard Blumenthal (D-CT), and Representative Rosa DeLauro (D-CT) introduced the No Toxics in Food Packaging Act. According to Schakowsky’s June 9, 2026, press release, the bill would “ban some of the most dangerous toxic chemicals from food packaging and food processing materials,” including PFAS, ortho-phthalates, and bisphenols such as BPA. The press release states that the bill “targets chemicals that have been linked to cancer, reproductive harm, and other serious health risks.”

MISCELLANEOUS

California DPR Announces Proposed New Rule To Regulate Pesticide-Treated Seeds

On May 15, 2026, the California Department of Pesticide Regulation (DPR) announced a proposed rulemaking to harmonize its regulation of pesticide-treated seeds with EPA’s regulation of pesticide-treated seeds. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) grants EPA discretion to exempt from its requirements any pesticide that is of a character that is not requiring regulation under FIFRA. EPA exempts treated articles, including but not limited to pesticide-treated seeds, from regulation under FIFRA Section 25(b). The exemption includes treated articles and substances that are “treated with, or containing, a pesticide to protect the article or substance itself (for example, paint treated with a pesticide to protect the paint coating, or wood products treated to protect the wood against insect or fungus infestation), if the pesticide is registered for such use.” DPR’s proposed regulation seeks to define pesticide-treated seeds in California, specify conditions under which those seeds are exempt from pesticide registration requirements, and require reporting on the use of pesticide-treated seeds in California. Written comments must be received by DPR no later than June 29, 2026. More information and our commentary is available in our May 27, 2026, memorandum.

IRS Schedules, Then Cancels June Hearing On Petition To Add Methyl Methacrylate-Ethyl Methacrylate-Methacrylic Acid Copolymer In A Styrene Solution To List Of Chemical Substances Subject To Superfund Excise Tax

As reported in our May 22, 2026, blog item, the Internal Revenue Service (IRS) announced on May 18, 2026, that it will hold a hearing on June 18, 2026, on the notice of filing to add methyl methacrylate-ethyl methacrylate-methacrylic acid copolymer in a styrene solution to the list of taxable substances. 91 Fed. Reg. 28759. According to a June 11, 2026, Federal Register notice, the IRS did not receive any requests to testify or outlines of topics. 91 Fed. Reg. 35615. Therefore, the IRS has canceled the hearing.

Minnesota Legislature Amends PFAS Statute To Exclude Older Products From PFAS Reporting Requirements

The Minnesota Pollution Control Agency (MPCA) announced on May 28, 2026, that Minnesota Governor Tim Walz (D) signed a bill on May 26, 2026, amending Minnesota’s PFAS reporting requirements by excluding products manufactured before July 1, 2023. MPCA states that manufacturers or their representatives now must report products that:

• Are manufactured after July 1, 2023;

• Are sold, offered for sale, or distributed in Minnesota; and

• Contain intentionally added PFAS.

Initial reports are still due September 15, 2026. Extension requests must be postmarked by August 16, 2026. The due date for manufacturers requesting and receiving a 90-day extension is December 14, 2026.

EPA Marks 500 Days Of Trump Administration With Another 100 Top Environmental Actions

On June 4, 2026, EPA announced 100 additional pro-environmental actions completed since the Trump EPA’s one-year milestone, marking 500 days of delivering clean air, land, and water for all Americans. EPA states that these accomplishments build upon the Agency’s previous achievements, including a list EPA released in January 2026 of 500 pro-environmental accomplishments during the first full year of the Trump EPA. These demonstrate EPA’s continued commitment to protecting human health and the environment while supporting American economic growth. The 100 actions include major Superfund cleanups, air quality improvements, water infrastructure investments, emergency response efforts, and regulatory streamlining initiatives across all EPA regions and program offices.

DPR Issues California Notice 2026-05 Announcing Availability Of The Semiannual Report Summarizing The Reevaluation Status Of Pesticide Products

On June 5, 2026, DPR issued California Notice 2026-05 announcing the availability of the semiannual report summarizing the reevaluation status of pesticide products during the period of July 1, 2025, through December 31, 2025. All pesticides sold or distributed in the United States must be registered with EPA before they can be used. DPR evaluates all pesticides before they can be sold or used in California to address California-specific conditions to protect human health and the environment. DPR also conducts a continuous evaluation process following registration to assess new information on the potential risks and impacts of pesticide use to people and the environment. More information on the report is available in our June 10, 2026, blog.

Connecticut Posts PFAS Reporting Form Due July 1, 2026

Beginning July 1, 2026, Connecticut will prohibit the manufacture, sale, and distribution of certain consumer products that contain intentionally added PFAS unless the manufacturer provides prior notification to the Connecticut Department of Energy and Environmental Protection (DEEP) and labels these products. The consumer products are apparel; carpets or rugs; cleaning products; cookware; cosmetic products; dental floss; fabric treatments; children’s products; menstruation products; textile furnishings; ski wax; or upholstered furniture. DEEP has posted a PFAS Reporting Form for Manufacturers. For each product category, the form requires the amount (in grams (g)) of each PFAS or subgroup; the range by percent weight in the product category; the component, if applicable; and the total fluorine (in parts per million (ppm)), if applicable. For each category selected, manufacturers must then provide a brief description of the product(s) and the function or purpose of the PFAS in each product.

According to DEEP’s website, the following labels have been approved:

• Contains PFAS;

• Made with PFAS;

• Made with PFAS chemicals;

• Made with intentionally added PFAS;

• This product contains PFAS; and

• Contains PFAS in Internal Components.

The label may inform the purchaser that PFAS is present in the product by including it in a list with other chemicals, stating “This product contains:” followed by a list of chemicals, including the term “PFAS” or “PFAS chemicals.” According to DEEP, chemicals in the list may be separated by commas, semicolons, the word “and,” or any combination thereof, but may not be separated by the terms “and/or” or “or.” Manufacturers can petition DEEP to approve other language or symbols.

AAPCO FIFRA 25(b) Workgroup Releases Update To Efficacy Data Guidance

The Association of American Pesticide Control Officials (AAPCO) FIFRA 25(b) Workgroup has released updated guidance intended to aid registrants in developing product efficacy data to support claims on products that qualify for the FIFRA Section 25(b) minimum risk exemption when seeking state registration. The guidance becomes effective 18 months after its Effective Date of May 1, 2026. States that weighed-in agreed that any product renewals falling within this period will not be impacted. But any new products, or existing products wishing to make new efficacy claims after May 1, 2026, should adhere to the updated guidance. Although this recent guidance includes input from industry, as well as some state lead agencies, AAPCO does not provide a list of states that acknowledge concurrence and does provide the disclaimer that use of the guidance is not a guarantee of acceptance in all states. It is recommended that registrants continue to contact directly the states to confirm data requirements. More information on the updated guidance is available in our June 2, 2026, blog.

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.