Archives

January 15, 2025

EPA and OSHA Sign MOU for Implementation of TSCA Section 6

The U.S. Environmental Protection Agency (EPA) announced on January 13, 2025, that it signed a long-awaited memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) formalizing coordination on EPA’s work to assess and manage existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA). According to EPA’s press release, “EPA and OSHA anticipate that better coordination under this MOU will result in improved workplace health and safety...
December 31, 2024

NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency...
December 17, 2024

District Court Dismisses Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 11, 2024, the U.S. District Court for the District of Columbia dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) seeking a rule under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the production of perfluorooctanoic acid (PFOA) during Inhance Technologies, LLC’s (Inhance) fluorination process. Public Employees for Environmental Responsibility (PEER) v. Regan (No. 2024-2194). As reported in our July 30, 2024, blog item, PEER and the...
May 10, 2024

EPA Accepting Comment on Proposed Consent Decrees to Settle Lawsuits Challenging Time to Complete TSCA Risk Evaluations

On April 26, 2024, the U.S. Environmental Protection Agency (EPA) requested comment on proposed consent decrees that would address lawsuits filed by the Community In-Power and Development Association Inc. (CIDA), Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and Texas Environmental Justice Advocacy Services (CIDA Plaintiffs) in the U.S. District Court for the District of Columbia on September 18, 2023, CIDA v. EPA, Case No. 1:23-cv-02715 (the...
December 22, 2017

In Case of First Impression, Court Rules EPA Wrongly Dismissed Citizen Group’s TSCA Section 21 Petition

On December 21, 2017, the U.S. District Court for the Northern District of California ruled that the U.S. Environmental Protection Agency (EPA) had wrongly dismissed a Toxic Substances Control Act (TSCA) Section 21 petition submitted by Food & Water Watch, Inc. and other citizens seeking the regulation of fluoridation of drinking water supplies under TSCA Section 6(a) on grounds that the ingestion of fluoride poses an unreasonable risk to humans.  Food & Water Watch, Inc. v....
January 27, 2017

EPA To Hold Public Meeting on Uses and Conditions of Use for the Initial Ten Chemicals to be Evaluated under TSCA Section 6

On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing it will be holding a public meeting to receive public input and information on uses and conditions of use for the initial ten chemicals to be evaluated under Section 6(b)(2)(A) of the amended Toxic Substances Control Act (TSCA) on February 14, 2017, from 9:00 a.m. to 3:00 p.m. (EST), at the Ronald Reagan Building and International Trade Center, Polaris Room, 1300...
January 13, 2017

EPA Proposes Ban of TCE for Use in Vapor Degreasing

On January 11, 2017, the U.S. Environmental Protection Agency (EPA) announced it would be issuing a rule proposing to prohibit the manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) for use in vapor degreasing; to prohibit commercial use of TCE in vapor degreasing; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain;...
December 21, 2016

EPA Amends Procedures for TSCA Section 6 Rulemaking

On December 21, 2016, the U.S. Environmental Protection Agency (EPA) published a final rule regarding procedures for rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) in the Federal Register.  Under TSCA Section 6, EPA has the authority to address risks from chemical substances, and Section 6 includes procedures that EPA must follow.  As amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, TSCA no longer mandates certain procedural...