All Knowledge & Insights By Date

The U.S. Environmental Protection Agency (EPA) recently published four documents relating to New Approach Methods (NAM) to the New Chemicals Division (NCD) Reference Library. The NCD Reference Library includes guidance documents, compliance advisories, templates, manuals, and other materials of interest for stakeholders wanting to understand the most up-to-date approaches for New Chemical assessment under Section 5 of the Toxic Substances Control Act (TSCA). Documents published to the NCD...

On September 15, 2026, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) published its Oversight Plan for Fiscal Year 2027. According to OIG, its Office of Special Review and Evaluation (OSRE) reviews, evaluates, and inspects EPA and U.S. Chemical Safety and Hazard Investigation Board (CSB) programs and operations to determine how effectively they operate and whether they comply with legal, regulatory, and agency requirements. In fiscal year (FY) 2027, OSRE...

On September 15, 2026, the U.S. Court of Appeals for the Fifth Circuit granted Industry Petitioners’ petition for review of the U.S. Environmental Protection Agency’s (EPA) 2024 risk management rule for methylene chloride (MC). East Fork Enterprises v. EPA (No. 24-60227, consolidated with No. 24-60256). The court states that “[f]inding that errors of law occurred and substantial evidence did not support EPA’s decision,” it grants the Industry Petitioners’ petition for review, vacates...

On August 19, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluation under the Toxic Substances Control Act (TSCA) for ethylene dibromide. 91 Fed. Reg. 53618. EPA states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including unreasonable risk to potentially...

On September 2, 2026, President Trump signed the Continuing Appropriations and Extensions Act, 2027 (H.R. 6500) that provides continuing fiscal year (FY) 2027 appropriations for federal agencies and extends various expiring programs and authorities. Under the bill, appropriations and funds made available and authority granted pursuant to H.R. 6500 will be available until: The enactment into law of an appropriation for any project or activity provided for in H.R. 6500; The enactment into law of...

On August 27, 2026, the U.S. Environmental Protection Agency (EPA) announced two scientific advancements designed to modernize safety reviews of new chemicals and pesticides while further eliminating the Agency’s reliance on animal testing. According to EPA, the new methods will help it assess the potential inhalation and oral risks of certain chemicals and pesticides faster and with greater human relevance, advancing the Agency's commitments to transparency, regulatory certainty, and the...

The Environmental Defense Fund (EDF) posted a blog item on August 27, 2026, entitled “American Chemical Safety Decisions Should Be Based on American Conditions of Use.” As we reported in our January 27, 2026, and March 6, 2026, memoranda, the House and Senate have each held hearings on discussion drafts of legislation that would amend the Toxic Substances Control Act (TSCA). EDF’s blog item explores why the Organisation for Economic Co-operation and Development’s (OECD) experience,...

On August 14, 2026, Earthjustice announced that two non-governmental organizations (NGO) filed suit in the U.S. Court of Appeals for the Ninth Circuit challenging the U.S. Environmental Protection Agency’s (EPA) approval of two new chemicals for use in the manufacturing of semiconductors. CHIPS Communities United and Sierra Club seek review of two Consent Orders issued under Section 5 of the Toxic Substances Control Act (TSCA) authorizing the manufacture, processing, distribution in commerce,...

On August 10, 2026, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft risk evaluations under the Toxic Substances Control Act (TSCA) for o-dichlorobenzene (oDCB) and p-dichlorobenzene (pDCB). 91 Fed. Reg. 51488. EPA notes that the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including...

The U.S. Environmental Protection Agency (EPA) announced on July 31, 2026, that it is advancing its review of trans‑1,2‑dichloroethylene and 1,2‑dichloropropane under the Toxic Substances Control Act (TSCA) “by releasing draft technical support documents that explain how the agency estimates exposure to these common solvents.” According to EPA, “[e]valuating potential risks from these solvents is important because they are widely used in industry and may be present in consumer...

The U.S. Department of Commerce, Bureau of Industry and Security (BIS) published on August 6, 2026, a temporary final rule (the Rule) titled “DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials” to restrict the exportation of black mass and tungsten waste and scrap. According to BIS, “this temporary rule is necessary to immediately secure the supply of certain recoverable [critical minerals and materials] CMMs to ensure an adequate...

The U.S. Environmental Protection Agency (EPA) issued a final rule on July 28, 2026, extending certain compliance dates applicable to certain entities subject to the risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). 91 Fed. Reg. 47145. EPA states that it is extending certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the existing compliance dates for...

Bergeson & Campbell, P.C. (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 captures the many consequential changes in TSCA law and policy over the past year, changes reflecting a...

A catalyst used in small quantities in a well-controlled industrial application would seem to be the perfect candidate for a Low Volume Exemption (LVE) notification. In fact, in certain regions, such as the European Union (EU) and Canada, no premarket notification is required for substances manufactured or imported below certain tonnage limits (e.g., one metric tonne in the EU). But in the United States under the Toxic Substances Control Act (TSCA), there is no de minimis quantity and the U.S....

The Organisation for Economic Co-operation and Development (OECD) has published the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials -- Tour de Table: July 2024 -- June 2025 (Tour de Table). The Tour de Table lists U.S. developments on the human health and environmental safety of nanomaterials between June 2024 and May 2025: The U.S. Environmental Protection Agency (EPA) received notification of “one nanoscale substances based for a multiwalled...

This week, I had the pleasure of speaking with my new colleague, Richard J. Fehir, Ph.D., Senior Chemist/Regulatory Scientist, at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss his career at the U.S. Environmental Protection Agency (EPA) and how he is now deploying his considerable scientific chops at B&C and Acta. Rick is a bit unusual, as he has worked for both EPA’s Office of Pollution Prevention and Toxics (OPPT) and Office of Pesticide Programs (OPP),...

On June 24, 2026, the U.S. Environmental Protection Agency (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...

On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings under the Toxic Substances Control Act (TSCA): Cyclic Aliphatic Bromide Cluster (HBCD); Regulation under TSCA: According to EPA, this rulemaking will address the unreasonable risk of injury to health presented by HBCD. EPA states that TSCA Section 6(a) requires that EPA, when it...

On July 3, 2026, the Office of Management and Budget (OMB) published the Trump Administration’s 2026 Unified Agenda. The U.S. Environmental Protection Agency’s (EPA) Unified Agenda includes the following rulemakings regarding per- and polyfluoroalkyl substances (PFAS): Clean Water Act (CWA) Effluent Limitations Guidelines and Standards for PFAS Manufacturers under the Organic Chemicals, Plastics and Synthetic Fibers Point Source Category: EPA is revising the existing Organic Chemicals,...