Recent Federal Developments for May 2026

Register Now For “TSCA Reform – 10 Years Later” Hybrid Live And Virtual Conference

Register now for the tenth annual TSCA Reform Conference to be held on June 10, 2026, in-person at the George Washington University Jack Morton Auditorium and livestreamed on YouTube. The event is free and open to the public, but all attendees must register on the Environmental Law Institute website. Thirty-six distinguished presenters and moderators representing all segments of the stakeholder community will reflect on the challenges and accomplishments since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) Amendments ten years ago and discuss where the Toxic Substances Control Act (TSCA) stands today. Panel topics include risk evaluation, risk management, new chemical review, and TSCA fee authorization. The keynote address, “Ten Years of Progress Under the Lautenberg Act: What We Intended and What Has Been Achieved,” will be delivered by The Honorable Thomas Stewart Udall, as interviewed by The Honorable Lynn R. Goldman, M.D., M.S., Ph.D., M.P.H..

This event is presented by Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute, and the George Washington University Milken Institute School of Public Health. The full agenda and complimentary registration are available at https://www.eli.org/events/tsca-reform-10-years-later.

TSCA/FIFRA/TRI

House Subcommittee Holds Hearing On Critical Material Supply Chains, Examines How To Modernize TSCA

On April 22, 2026, the House Energy and Commerce Subcommittee held a hearing entitled “Help or Hindrance? The Impact of U.S. Environmental Laws on Critical Material Supply Chains, National Security, and Economic Growth.” The hearing examined how to modernize TSCA, the Clean Air Act (CAA), and other environmental laws “to strengthen domestic supply chains, advance commonsense reforms, and keep American manufacturing competitive for generations to come.” As reported in our January 27 and March 6, 2026, memoranda, the House and Senate have held hearings on different bills to modernize TSCA.

House Energy And Commerce Subcommittee On Environment Holds Hearing On EPA’s FY 2027 Budget On April 28, 2026

The House Energy and Commerce Subcommittee on Environment held a hearing on April 28, 2026, on the fiscal year (FY) 2027 EPA budget. The only witness was U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin. The hearing memo states that the White House Office of Management and Budget (OMB) budget request for FY 2027 is $1.8 trillion in discretionary budget authority for executive branch departments and agencies. For EPA, President Trump seeks $4.2 billion in base discretionary budget authority for FY 2027 — “a reduction of $4.6 billion (a 52.4 percent reduction) from the FY 2026 enacted level of $8.8 billion.” The hearing memo notes that EPA has emphasized aligning its review of chemicals and pesticides with Make America Healthy Again (MAHA) initiatives, “mitigating exposure risks while providing regulatory certainty, and supporting the economy.” To further MAHA initiatives, EPA proposes a $30 million prize challenge to encourage the development of alternatives to certain pesticides. EPA has also proposed a new investment of $2.5 million for new approach methods (NAM) to reduce the backlog of new chemical reviews and accelerate the use of artificial intelligence (AI) in chemical evaluations. EPA also requests authorization to collect TSCA service fees in FY 2027, “though the statute’s authorization of appropriations expires at the end of FY 2026.”

EPA Announces Release Of Draft Fungicide Strategy And Seeks Public Comment

On May 1, 2026, EPA announced that it released the draft Fungicide Strategy (Strategy) as part of EPA’s obligations under the Endangered Species Act (ESA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA, the draft Strategy identifies “practical, science-based” protections to safeguard more than 1,000 federally endangered and threatened species, while preserving flexibility for states, growers, and applicators using fungicide products. EPA is opening a 60-day public comment period. Comments are due on or before June 29, 2026, and can be submitted to docket EPA-HQ-OPP-2026-2973 at www.regulations.gov. EPA states it seeks comment from farmers, applicators, scientists, conservation groups, state partners, Tribal partners, and members of the public before issuing the draft Strategy in final. EPA expects to issue the final Fungicide Strategy no later than November 2026.

EPA will also host a public webinar on May 20, 2026, at 2:00 p.m. (EDT) to provide an overview of the draft Strategy, discuss how it will be implemented through registration and registration review, and answer any questions from the public. Additional information on the webinar is available here. More information is available in our May 8, 2026, blog.

EPA Releases Final Risk Evaluation For 1,2-Dichloroethane, Finds Unreasonable Risk Of Injury To Human Health For 15 COUs Involving Workplace Exposure

EPA announced on May 5, 2026, the availability of the final risk evaluation under TSCA for 1,2-dichloroethane (also known as ethylene dichloride (EDC)). 91 Fed. Reg. 24230. EPA states that it used the best available science to prepare the final risk evaluation for EDC and “determined, based on the weight of scientific evidence, that [EDC] presents an unreasonable risk of injury to human health driven by risk to workers through workplace exposure under 15 [conditions of use (COU)].” According to EPA, it did not identify contributions to unreasonable risk of injury for consumer exposure, exposure to the general population, or to the environment, under any COUs for EDC. Consistent with TSCA, EPA will now initiate risk management actions to address the unreasonable risk. More information is available in our May 12, 2026, memorandum.

EPA Extends Postponement Of Effective Date Of Certain Provisions Of Final TCE Risk Management Rule

On May 5, 2026, EPA extended the postponement of the effectiveness of certain regulatory provisions of the final TSCA risk management rule for trichloroethylene (TCE) until the conclusion of judicial review. 91 Fed. Reg. 24133. EPA notes that these requirements relate only to the TSCA Section 6(g) exemptions in the final TCE rule. As reported in our April 15, 2025, blog item, the final rule is being challenged in the U.S. Court of Appeals for the Third Circuit. According to EPA, nothing has materially changed since the earlier postponements that would affect its analysis of whether justice requires a stay of these provisions. More information on the final TCE rule is available in our January 13, 2025, memorandum.

EPA Holds TSCA CBI Claim Expiration Webinar On May 6, 2026

EPA held a webinar on May 6, 2026, to provide information on Confidential Business Information (CBI) claims scheduled to expire under TSCA. According to EPA, the webinar was intended to help companies, stakeholders, and the public better understand regulatory requirements surrounding the lifecycle of CBI claims, how to find out if a CBI claim is expiring, and how to request an extension of an expiring claim. Additionally, EPA demonstrated the functionality of the Central Data Exchange (CDX) application that TSCA submitters can use to request extension of their expiring CBI claims, address frequently asked questions, and outline effective means to communicate with EPA regarding questions on the CBI claim expiration process. EPA has posted a webinar recording and the slides from the webinar. More information on expiring CBI claims is available in our April 27, 2026, memorandum and our April 9, 2026, webinar on “TSCA CBI Re-substantiation: When, Why, and How to Prepare” that is available to view on YouTube, Vimeo, and on B&C’s website.

EPA’s FY 2026 Top Management Challenges Include Meeting Statutory Requirements For Ensuring The Safe Use Of Chemicals

EPA’s Office of Inspector General (OIG) released on May 6, 2026, a report on EPA’s FY 2026 top management challenges. The report identifies what OIG considers to be the six most serious management and performance challenges facing EPA in FY 2026:

• Managing contracts, grants, and associated data systems;

• Meeting statutory requirements for ensuring the safe use of chemicals;

• Managing information technology modernization;

• Maintaining mission efficiency and effectiveness during organizational change;

• Managing cooperative federalism and state oversight; and

• Preparing for and responding to natural and manmade disasters.

The report states that EPA’s ability to identify the risks of using chemicals and pesticides is challenged by ongoing resource constraints, inefficient review processes, and stringent statutory deadlines. The work remaining includes:

• Lautenberg Act: TSCA, as amended by the Lautenberg Act, requires EPA to assess and eliminate unreasonable risks to potentially exposed or susceptible subpopulations, including workers. The report states that it also requires EPA to make affirmative risk determinations on 100 percent of new chemical notices submitted under TSCA, representing “about a fivefold increase in the Agency’s workload.” The report notes that EPA’s Office of Chemical Safety and Pollution Prevention’s (OCSPP) staffing level has not kept pace with the added workload demands.

• FIFRA: Under FIFRA, EPA is responsible for regulating the distribution, sale, use, and registration of pesticides to prevent “unreasonable adverse effects on the environment.” EPA reviews each registered pesticide at least every 15 years. The report notes that although a total of 799 pesticide cases were due for review by the end of FY 2026, “EPA has lagged in completing registration reviews, and the backlog prevents a reassessment of older pesticides.”

• Per- and Polyfluoroalkyl Substances (PFAS): As reported in our August 3, 2022, blog item, a 2022 U.S. Government Accountability Office (GAO) report found that available technologies were able to detect and quantify only about 50 of the thousands of PFAS in existence. OIG states that while EPA has recently taken several PFAS-related actions, “the Agency needs to continue its efforts to identify and address the risks from PFAS compounds, as well as continue its research on existing and potential PFAS destruction technologies.”

More information is available in our May 12, 2026, blog item.

EPA Releases Draft Risk Evaluations, Draft Hazard Assessments, And Supporting Documents For Four Chemicals

EPA announced on April 10, 2026, that it is advancing its review of four chemicals under TSCA — 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), phthalic anhydride, o-dichlorobenzene (oDCB), and p-dichlorobenzene (pDCB) — by releasing draft documents related to the review of these chemicals and convening a Science Advisory Committee on Chemicals (SACC) peer review meeting. According to EPA, these chemicals are found in fragrances, paints, coatings, cleaners, and industrial processes, “meaning decisions in these cases can directly affect the air we breathe at work and at home.” EPA released the draft risk evaluations for HHCB and phthalic anhydride and the draft hazard assessments and supporting documents for oDCB and pDCB for public comment and independent scientific peer review — “two essential steps in ensuring the integrity, radical transparency, and quality of EPA’s chemical safety assessments.” On June 8-12, 2026, EPA will hold a virtual public meeting of SACC to review the draft risk evaluations for HHCB and phthalic anhydride and technical support documents for pDCB and oDCB. EPA will also hold a preparatory virtual public meeting on May 26, 2026, for SACC and the public to consider and ask questions regarding the scope and clarity of the draft charge questions that will be used in the peer review meeting. To have comments on the draft risk evaluations, draft hazard assessments, and technical support documents considered by SACC, comments must be submitted by May 29, 2026. Comments on the draft risk evaluations for HHCB and phthalic anhydride are due to EPA by June 15, 2026. More information is available in our April 21, 2026, memorandum.

DoW Seeks Information On Existing Chemicals Undergoing TSCA Risk Evaluation

The U.S. Department of War (DoW) published a request for information (RFI) on May 12, 2026, seeking information to identify and assess critical applications for DoW and defense industrial base (DIB) that necessitate the use of existing chemicals undergoing EPA’s TSCA Section 6 risk evaluation process. The RFI is intended to help the Office of the Assistant Secretary of War for Energy, Installations, and Environment (OASW(EI&E)) Chemical and Material Risk Management Program (CMRMP) better understand DoW and DIB uses of TSCA high-priority chemicals. The RFI is focused on receiving information related to the following TSCA high-priority chemicals:

• Phthalic anhydride;

• o-DCB;

• p-DCB;

• 4,4′-(1-Methylethylidene)bis[2,6-dibromophenol] (TBBPA);

• Tris(2-chloroethyl) phosphate (TCEP);

• Phosphoric acid, triphenyl ester (TPP);

• 1,1,2-Trichloroethane;

• trans-1,2-Dichloroethylene;

• Formaldehyde; and

• Vinyl chloride.

DoW seeks to understand better: (1) applications that require the use of these chemicals; and (2) the criticality of those chemicals for industry and defense supply chains. The RFI is a continuation of information gathering from the June 2025 CMRMP TSCA Market Analysis RFI to evaluate other TSCA high-priority chemicals. Responses are due June 19, 2026.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Seeks Comment On Interim PFAS Destruction And Disposal Guidance

EPA announced on April 28, 2026, the availability of an update to the April 16, 2024, interim guidance on the destruction and disposal of PFAS and materials containing PFAS for public comment. 91 Fed. Reg. 22815. According to EPA, the updated guidance “builds on information pertaining to technologies that may be feasible and appropriate for the destruction or disposal of PFAS and PFAS-containing materials.” As required by the National Defense Authorization Act for Fiscal Year 2020 (FY 20 NDAA), the interim guidance addresses PFAS and PFAS-containing materials, including: solid, liquid, or gas waste streams containing PFAS from facilities manufacturing or using PFAS; aqueous film-forming foam (for firefighting); soil and biosolids; textiles, other than consumer goods, treated with PFAS; spent water treatment materials; and landfill leachate containing PFAS. EPA states in its April 23, 2026, press release that the updated guidance recommends technologies with the lowest potential for releasing PFAS to the environment based on site-specific conditions, “including three existing technologies that stand out for having lower potential for environmental release of PFAS than other technologies”:

• Using Class I underground injection wells for long-term waste storage;

• Disposing PFAS in Resource Conservation and Recovery Act (RCRA) regulated hazardous waste landfills; and

• Using hazardous waste combustors that operate under specific conditions to destroy PFAS and minimize harmful byproducts and air emissions.

Comments are due June 29, 2026.

EPA Withdraws Proposed Definition Of Hazardous Waste Applicable To Corrective Action For Releases From Solid Waste Management Units

On May 8, 2026, EPA withdrew its proposed rule entitled “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units.” 91 Fed. Reg. 25266. EPA states that it issued the proposed rule to: amend the regulatory definition of hazardous waste applicable to corrective action to address releases from solid waste management units at hazardous waste treatment, storage, and disposal facilities permitted under RCRA and make conforming amendments related to the definition amendment; and add the statutory corrective action authorities to the section of the regulations that provides notice that the statutory definitions, rather than the regulatory definitions, apply to certain sections of the statute. EPA notes that it has concluded that “the proposed revisions to the existing regulations would have complicated, rather than contributed to, efficient implementation of corrective action. For those reasons EPA has determined that withdrawal is appropriate.” The proposed rule published on February 8, 2024 (89 Fed. Reg. 8598) was withdrawn as of May 8, 2026. As reported in our February 5, 2024, memorandum, the proposed rule would have provided clear regulatory authority to implement fully EPA’s statutory authority “to require corrective action to address releases not only of substances identified as hazardous waste in the regulations but of any substance that meets the statutory definition of hazardous waste,” such as PFAS.

FDA

FDA Highlights Implementation Of Cosmetic Regulation

On May 4, 2026, the U.S. Food and Drug Administration (FDA) released a Voices Blog that describes FDA’s implementation of the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). FDA highlights the following results:

• Adverse events reported by industry increased by more than three-fold and are now publicly accessible through FDA’s new monitoring dashboard.

• Registered cosmetic product facilities increased nearly three-fold.

• Cosmetic product listings increased by 30-fold.

FDA notes in the blog that MoCRA has not been FDA’s only focus, and that “FDA continues its regulatory and compliance activities for cosmetics under the previously existing authorities of the FD&C Act and the Fair Packaging and Labeling Act.”

FDA To “Act Swiftly” On ADA And BHT After Issuing Information Requests

On May 13, 2026, FDA requested “information on the current uses and safety data of azodicarbonamide (ADA) in human food and as a food contact substance” (91 Fed. Reg. 27060) and “data for butylated hydroxytoluene (BHT) in human food and as a food contact substance” (91 Fed. Reg. 27054) as part of FDA’s “systematic process for conducting post-market assessments of chemicals in food.” Both ADA and BHT are currently permitted for use in numerous direct and indirect food additive applications. FDA is requesting information on uses, use levels, dietary exposure, and safety data on ADA and BHT currently used in food and as a food contact substance. FDA’s former Commissioner, Marty Makary, M.D., M.P.H., commented in a news release that “[b]y establishing a comprehensive, science-based framework for reviewing chemicals like BHT and ADA, we’re delivering the rigorous oversight Americans deserve. We will act swiftly based on our findings.” Comments and scientific data and information in response to the RFIs must be submitted by July 13, 2026. More information is available in our May 14, 2026, memorandum.

NANOTECHNOLOGY

NNI Publishes Supplement To The President’s FY 2026 Budget Request

On April 9, 2026, the National Nanotechnology Initiative (NNI) published its supplement to the President’s 2026 budget request. The report provides the program budget for FYs 2024 and 2025, as well as the requested budget for 2026. As required, it also provides a breakout of NNI’s plans and spending by NNI Program Component Area — foundational research; applications, devices, and systems; research infrastructure and instrumentation; education and workforce development; and responsible development of nanotechnology. More information is available in our May 12, 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/.

LEGISLATIVE

American Sustainable Business Network Seeks Supporters For Bipartisan Legislation Authorizing EPA’s Safer Choice Program

The American Sustainable Business Network (ASBN) announced on April 14, 2026, that it is inviting all businesses, brands, retailers, ingredient suppliers, institutional purchasers, investors, and public health and environmental organizations to join it in expressing strong support for the introduction and enactment of bipartisan legislation to authorize EPA’s Safer Choice Program. According to ASBN, “[a]uthorizing Safer Choice in statute would protect the program from administrative elimination and secure the federal investment that hundreds of companies and institutional purchasers — including the Department of Defense — have already built into their procurement decisions and product development pipelines.” ASBN notes that Safer Choice “fills a meaningful gap by supporting ongoing innovation to move safer products and chemicals into the marketplace; authorization would make clear that Congress recognizes and supports that role.” Congressional authorization would also signal to manufacturers that the standard is durable enough to justify continued investment in reformulation — “the kind of long-horizon commitment that drives real market transformation.”

Senate Bill Intends To Strengthen The Science Used For TSCA Risk Evaluations

The Sound Science Act (S. 4397), introduced by Senator Pete Ricketts (R-NE) on April 27, 2026, would strengthen the science used for risk reviews and improve interagency coordination for chemicals regulated under TSCA. According to Ricketts’s April 27, 2026, press release, “[b]y strengthening the scientific basis for regulation and expediting the existing chemical review process, Americans can have access to updated and safe chemistries.” The press release states that the bill would:

• Add new requirements to EPA’s risk evaluations;

• Provide that any scientific assessment values developed by the EPA Administrator are directly subject to judicial review;

• Add new requirements under TSCA to add new elements to the scientific standards EPA must consider; and

• Add a new committee in-person peer review for risk evaluations under EPA’s SACC.

More information is available in our May 5, 2026, blog item.

Senate Joint Resolution Would Nullify Latest Postponement For TSCA Section 8(a) PFAS Reporting

Senator Sheldon Whitehouse (D-RI) introduced a joint resolution (S.J. Res. 187) under the Congressional Review Act that would nullify EPA’s modification to the start of the submission period for PFAS reporting and recordkeeping under TSCA Section 8(a)(7). As reported in our April 9, 2026, blog item, EPA has postponed the submission period to January 31, 2027, or 60 days following the effective date of a forthcoming final rule on the substantive requirements of the PFAS reporting rule, whichever is earlier.

House Subcommittee Holds Hearing On “Healthier America: Legislative Proposals on the Regulation and Oversight of Food”

The House Energy and Commerce Subcommittee on Health held a hearing on April 29, 2026, on “Healthier America: Legislative Proposals on the Regulation and Oversight of Food.” The Subcommittee discussed the following legislation intended to protect American food producers and improve FDA’s food safety review:

• Grocery Reform and Safety (GRAS) Act (H.R. 4958);

• GRAS Oversight and Transparency Act (H.R. 7291);

• [FDA Review and Evaluation for Safe, Healthy and Affordable Foods Act of 2026] (H.R. ____);

• Food Chemical Reassessment Act of 2025 (H.R. 4306);

• Food Labeling Modernization Act of 2026 (H.R. 8385);

• Baby Food Safety Act of 2026 (H.R. 8429);

• Infant Formula Safety Modernization Act of 2026 (H.R. 7867);

• Transparency, Readability, Understandability, Truth, and Helpfulness (TRUTH) in Labeling Act (H.R. 4725);

• Improving Newborns’ Food and Nutrition Testing Safety (INFANTS) Act of 2025 (H.R. 2472);

• Sarah Katz Caffeine Safety Act (H.R. 2511);

• No Tricks on Treat Act of 2025 (H.R. 5882);

• Dietary Supplement Listing Act of 2026 (H.R. 8370);

• Federal and State Food Safety Information Sharing Act (H.R. 8430);

• Do or Dye Act (H.R. 3722);

• Ban Harmful Food Dyes Act (H.R. 5027);

• Codifying Useful Regulatory Definitions (CURD) Act (H.R. 1394);

• Alpha-gal Allergen Inclusion Act (H.R. 1178);

• Honey Integrity Act (H.R. 2162);

• Food Date Labeling Act of 2025 (H.R. 4987);

• Requiring Ethical and Accurate Labeling of Lab-grown (REAL) Meats Act (H.R. 5832);

• Dietary Supplement Regulatory Uniformity Act (H.R. 7366);

• Stephen Hacala Poppy Seed Safety Act (H.R. 2615);

• Safer Shrimp Imports Act (H.R. 3324);

• Defending Domestic Orange Juice Production Act of 2025 (H.R. 933);

• Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday (DAIRY PRIDE) Act (H.R. 8414);

• Third-Party Certification and Inspection Modernization Act of 2026 (H.R. 8431);

• No False Formula Act (H.R. 8412); and

• To provide FDA needed authorities to carry out its regulatory mission with respect to human foods, to provide additional resources and authorities with respect to human foods research, and for other purposes (H.R. 8432).

The Subcommittee heard from the following witnesses:

• Steven Mandernach, Executive Director, Association of Food and Drug Officials;

• Joseph Colalillo, President, ShopRite of Hunterdon County, Inc.;

• Chad Hamilton, JD, MBA, Board Member, Cheese Board, International Dairy Foods Association; and

• Scott Faber, JD, Senior Vice President, Government Affairs, Environmental Working Group.

House Bill Would Require PFAS Manufacturers To Pay For Clean Up

Representative Linda T. Sánchez (D-CA) introduced the PFAS Cleanup Act (H.R. 8632), a bill that would require manufacturers of PFAS to help fund the cleanup of contamination in the water supply, on April 30, 2026. According to Sánchez’s April 30, 2026, press release, the bill would establish a 45 percent tax on the manufacture of PFAS, with the revenue used to fund a tax credit of up to 25 percent for public and private water agencies to remove PFAS contamination from their water supplies.

MISCELLANEOUS

Texas AG Investigates Lululemon For Potential Presence Of PFAS In Activewear

Texas Attorney General (AG) Ken Paxton announced on April 13, 2026, that he issued a Civil Investigative Demand (CID) to Lululemon USA Inc. (Lululemon) as part of an investigation into whether the Company “has misled consumers about the safety, quality, and health impacts of its products.” The investigation will examine whether Lululemon’s athletic apparel contains PFAS “that their health-conscious customers would not expect based on the brand’s marketing.” The Office of the AG “will also review the company’s Restricted Substances List, testing protocols, and supply chain practices to determine whether Lululemon’s products comply with its stated safety standards.” Lululemon posted an item on April 16, 2026, entitled “Created without PFAS: What to know about lululemon’s products.” According to Lululemon, it does not use PFAS in products today, and its “ongoing focus is to help prevent the unintentional reintroduction of PFAS into our products through ongoing testing, monitoring, and collaboration with suppliers and third parties.”

EPA Seeks Nominations Of Candidates To The Environmental Financial Advisory Board

EPA requested nominations on April 21, 2026, of qualified candidates to be considered for appointment to the Environmental Financial Advisory Board (EFAB). 91 Fed. Reg. 21288. EFAB provides advice to EPA on ways to lower the costs of, and increase private investments in, environmental and public health protection efforts without requiring additional federal taxpayer dollars. According to EPA, EFAB has been assigned a charge to develop strategic recommendations on steps EPA can take to accelerate private investment in environmental technology commercialization, including providing guidance on capital access, public-private partnerships, regulatory readiness, and impact measurement. The EPA Administrator will make the appointments, which will be announced on June 22, 2026. EPA may also consider nominations received through this solicitation in the event of unanticipated vacancies on EFAB. Nominations are due May 21, 2026.

Minnesota Announces Release Of Version 1.2 Of The PFAS Reporting Information System For Manufacturers, Posts Reporting Extension And Waiver Request Forms

The Minnesota Pollution Control Agency (MPCA) announced on April 23, 2026, the release of version 1.2 of the online system for reporting products containing intentionally added PFAS, the PFAS Reporting Information System for Manufacturers (PRISM). According to MPCA, the enhancements include:

• A button to the create report page to download the template directly, and generating a pop-up box with reminders to enable macros once downloaded and see the reporting guide for additional information;

• Locking the header columns on the browser-based data entry table; and

• Additional on page warnings about time outs and that the page does not automatically save your work, and similar reminder text to the session expiration warning pop-up box.

MPCA has posted forms to request a reporting extension or a waiver of the September 15, 2026, reporting deadline. The forms with fees must be postmarked no later than August 16, 2026. If a reporting extension is granted, reports will be due December 14, 2026. More information is available in our April 23, 2026, blog item.

EPA Deputy Administrator Issues Memorandum Regarding Future Development And Use Of Risk Assessments

EPA Deputy Administrator David Fotouhi issued a memorandum on April 27, 2026, regarding the future development and use of risk assessments. The memorandum “focuses on identifying a path forward to address some of the most critical issues that have been identified related to EPA’s development of risk assessments and the use of elements of risk assessments, such as the use of hazard-based benchmarks, in regulatory and non-regulatory actions.” The memorandum notes that concerns and programmatic shortcomings have not advanced the original goal of the Integrated Risk Information System (IRIS) program to present hazard and dose-response information in a consistent, transparent manner that reflects Gold Standard Science and allows for accountability. EPA program offices that previously used IRIS assessments and IRIS program information as part of regulatory decision-making should review how that information was employed in their specific regulatory or programmatic actions and determine if any updates or changes are warranted. External entities that may have used previous assessments or information developed through the IRIS program should consider undertaking a similar review.

ATSDR Releases Draft Toxicological Profile For Xylene For Public Comment

On May 5, 2026, the Agency for Toxic Substances and Disease Registry (ATSDR) announced the opening of a docket to obtain comments on a draft updated Toxicological Profile for Xylene. 91 Fed. Reg. 24239. ATSDR prepared the draft based on its current understanding of the health effects and availability of new studies and other information since the initial release of the profile. ATSDR seeks public comments and additional information or reports on studies about the health effects of xylene for review and potential inclusion in the profile. ATSDR will evaluate the quality and relevance of such data or studies for possible inclusion in the profile. Written comments are due August 3, 2026.

OSHA Will Hold Virtual Public Meetings To Address U.S. Government Positions On Documents Submitted For UNSCEGHS Meetings

The U.S. Occupational Safety and Health Administration (OSHA) announced on May 15, 2026, that it will conduct two virtual public meetings in 2026 to address the U.S. government positions on documents submitted for the sessions of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS), each virtual meeting in advance of the in-person sessions of the UNSCEGHS. 91 Fed. Reg. 27987. The first OSHA meeting will be held June 23, 2026, in preparation for the in-person July 8-10, 2026, 49th session of the UNSCEGHS to be held in Geneva, Switzerland. The second OSHA meeting will be held in November 2026 in preparation for the in-person December 2-4, 2026, 50th session of the UNSCEGHS to be held in Geneva, Switzerland. According to the notice, OSHA, along with the U.S. Interagency Globally Harmonized System of Classification and Labelling of Chemicals (GHS) Coordinating Group, plans to consider the comments and information gathered at the June and November virtual public meetings when developing U.S. government positions for the UNSCEGHS meetings in July and December 2026.

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.