News & Analysis as of

Chemicals PFAS Toxic Substances Control Act (TSCA)

Venable LLP

Numerous Groups Petition EPA to Suspend and/or Cancel Pesticide Registrations Based on a Class Definition of PFAS Alone

Venable LLP on

Pesticide manufacturers and registrants, like many other companies, are facing increased pressure to remove per- and polyfluoroalkyl substances (PFAS) from their products. This pressure, however, is often focused on how the...more

Bergeson & Campbell, P.C.

TSCA Reform — Eight Years Later: B&C, ELI, and GWU Conclude Best Available Conference

On June 26, 2024, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform — Eight Years Later.” This...more

McGuireWoods LLP

Contaminants Compass: May 2024 Edition

McGuireWoods LLP on

“Contaminants Compass” is a monthly newsletter that provides real-time updates, legal observations and actionable tips to navigate the constantly evolving legal challenges of per- and polyfluoroalkyl substances (PFAS). This...more

Jenner & Block

Earth Week 2024, Round Two – Inhance Technologies LLC v. USEPA

Jenner & Block on

As our Earth Week blogging event continues with our theme of Planet versus Plastics, today we will cover the U.S. Court of Appeals for the Fifth Circuit’s recent decision in Inhance Technologies, L.L.C. v. U.S. Environmental...more

Bergeson & Campbell, P.C.

NGOs Petition EPA to Remove PFAS Immediately from Fluorinated Plastic Containers

The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, February 2024

TSCA/FIFRA/TRI - EPA Announces Automatic Addition Of Seven Additional PFAS To TRI List Of Chemicals: The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and...more

BCLP

EPA’s Noncomprehensive List of PFAS Subject to the TSCA Reporting Rule

BCLP on

In 2023, the United States Environmental Protection Agency (“EPA”) issued a final rule under the Toxic Substances Control Act (“TSCA”) which requires manufacturers, including importers, of certain per- and polyfluoroalkyl...more

Bergeson & Campbell, P.C.

EPA Issues Orders to Inhance Technologies Related to Long-Chain PFAS SNUNs

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2023, that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created...more

Wiley Rein LLP

EPA Eliminates De Minimis Exemption for PFAS Under TRI Reporting, Proposes Changes to Chemical Risk Evaluations Under TSCA

Wiley Rein LLP on

The U.S. Environmental Protection Agency (EPA or Agency) has issued two pre-publication announcements on notable regulatory actions that may affect your business. The first one will increase the amount of information that...more

Wiley Rein LLP

Beware of the Looming Supply Chain Challenges for PFAS Reporting Under TSCA

Wiley Rein LLP on

Welcome back to The WELL. Let’s begin with an adaptation of the “The Ant and the Grasshopper,” when they met this summer on a field. The Grasshopper was relaxing because the final Perfluoroalkyl and Polyfluoroalkyl Substances...more

Beveridge & Diamond PC

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2023

TSCA/FIFRA/TRI - EPA’s Spring 2023 Unified Agenda Includes TSCA, TRI, And PFAS Rulemakings: The U.S. Environmental Protection Agency’s (EPA) spring 2023 Unified Agenda, published on June 13, 2023, includes a number of...more

Morgan Lewis

Recent EPA Actions Show Why Companies Must Understand Products’ Individual Chemical Constituents

Morgan Lewis on

Historically, the US Environmental Protection Agency (EPA) has generally declined to regulate manufactured goods or finished products―known as “articles”―under the Toxic Substances Control Act (TSCA). This long-standing...more

Smith Gambrell Russell

EPA Proposes Reforms to New Chemicals Review Under TSCA

On May 16, 2023, the EPA proposed amendments to regulations that govern review of new chemicals under TSCA. Under TSCA, the EPA is charged with reviewing the potential risk of new chemicals before they enter U.S. commerce,...more

Fox Rothschild LLP

EPA Proposes to Disqualify PFAS from Low Volume Exemptions and Low Release and Exposure Exemptions under TSCA

Fox Rothschild LLP on

The Toxic Substances Control Act (TSCA) authorizes the United States Environmental Protection Agency (EPA) to impose restrictions relating to chemical substances and/or mixtures as well as requirements for reporting,...more

Bergeson & Campbell, P.C.

EPA Completes Verification Analysis of PFAS Scientific Testing of Pesticide Products

On May 30, 2023, the U.S. Environmental Protection Agency (EPA) announced it has taken additional steps in addressing concerns that per- and polyfluoroalkyl substances (PFAS) have been found in pesticide products. As part of...more

Beveridge & Diamond PC

EPA Proposes to Eliminate TSCA Exemptions for PFAS and PBTs; Proposes Updates to Other TSCA Regulations

Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (EPA) has proposed changes to its Toxic Substances Control Act (TSCA) regulations dealing with premanufacture notices (PMNs) and certain exemptions from PMN requirements. Of particular...more

Bergeson & Campbell, P.C.

EPA Will Propose Updates to New Chemicals Regulations to Improve Efficiency, Remove LVE and LoREX Exemptions for PFAS and Certain...

The U.S. Environmental Protection Agency (EPA) announced on May 16, 2023, that it will propose amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). According to the...more

Bergeson & Campbell, P.C.

EPA Announces Next Test Order Issued under National Testing Strategy for PFAS Used in Plastics, Chemical Manufacturing

The U.S. Environmental Protection Agency (EPA) announced on January 4, 2023, that it issued the next Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its...more

Kilpatrick

TSCA’s Information Grab and the Proposed Expansive Ten-Year “Look Back” PFAS Reporting Requirement – Some Retreat on Overreaching?

Kilpatrick on

In 2021, our blog post alerted readers to a concerning expansive June 2021 TSCA proposed reporting requirement that could apply to a range of manufacturers or importers of products containing PFAS, potentially scooping up...more

Bergeson & Campbell, P.C.

EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the...more

Bergeson & Campbell, P.C.

Wrap-Up of Federal and State Chemical Regulatory Developments, September 2022

TSCA/FIFRA/TRI - ARTICLE -- Lynn L. Bergeson And Richard E. Engler, Ph.D. Author “Optimizing The Toxic Substances Control Act To Achieve Greener Chemicals,” For ABA’s NR&E Magazine: TSCA offers tremendous unrealized...more

Clark Hill PLC

PFAS Are Forever: A Retail Adventure

Clark Hill PLC on

Addressing per- and poly-fluorinated alkyl substances (PFAS) continues to be a hot-button issue in the environmental community, as studies link them to cancer, hormone disruption, liver and kidney damage, and other health...more

Beveridge & Diamond PC

TSCA in 2022: Fasten Your Seatbelt

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A year into the Biden Administration’s implementation of the 2016 amendments of the Toxic Substances Control Act (TSCA), EPA is planning an ambitious suite of actions under sections 4, 5, 6, 8, 14, and 23. Companies and trade...more

Bergeson & Campbell, P.C.

House Subcommittee Holds Hearing On “TSCA And Public Health: Fulfilling The Promise Of The Lautenberg Act”

The House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on October 27, 2021, on “TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act.” The October 25, 2021, briefing...more

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