U.S. Environmental Protection Agency Extends PFAS Reporting Rule Submission Period
On Monday, May 12, 2025, the U.S. Environmental Protection Agency (EPA) announced an interim final rule to extend the reporting period for the EPA’s rule requiring data submission on per- and polyfluoroalkylated substances (PFAS Reporting Rule).
U.S. Environmental Protection Agency Announces New PFAS Action Plan
On April 28, 2025, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin announced the Agency’s plan to address per- and polyfluoroalkyl substances (PFAS) during the second Trump Administration. PFAS are manmade chemicals—of which there are thousands—commonly found in textiles, cookware, packaging, plastics, and firefighting foams. These “forever chemicals” are persistent in the environment and human body, as they do not break down and can accumulate over long periods of time. EPA’s outlined action plan calls upon its investigatory, regulatory, and enforcement powers under various statutes, including the Toxic Substances Control Act (TSCA), Clean Water Act (CWA), Safe Drinking Water Act (SDWA), Resource Conservation and Recovery Act (RCRA), and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
EPA Announces List of Manufacturers Subject to Fees for Chemical Substances Under the Toxic Substances Control Act
On December 31, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a determination in the Federal Register announcing the availability of preliminary lists of manufacturers of five chemical substances designated as “High-Priority Substances” under Section 6 of the Toxic Substances Control Act (TSCA). The manufacturers — including importers — of these chemical substances will be subject to fees and reporting requirements under TSCA’s implementing regulations.
U.S. Environmental Protection Agency Amends New Chemicals Review Process Under Toxic Substances Control Act
On December 18, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule modifying regulations governing the new chemicals review process under the Toxic Substances Control Act (TSCA) (Final Rule). As amended by the 2016 Lautenberg Amendments, TSCA Section 5 establishes prior notice requirements before a new chemical can be manufactured or an existing chemical can be used in new ways.[1] The Final Rule updates EPA practices guiding its review of exemptions and safety determinations, as well as a submitter’s request to start manufacturing, and aligns the implementing regulations with the 2016 amendments.
Fifth Circuit Limits EPA’s Attempts to Regulate PFAS Under Toxic Substances Control Act in Inhance Technologies v. EPA
On March 21, 2024, the U.S. Court of Appeals for the Fifth Circuit vacated two U.S. Environmental Protection Agency (EPA) orders under Section 5 of the Toxic Substances Control Act (TSCA), holding that EPA had exceeded its statutory authority when it issued the orders in an attempt to regulate the manufacture of per- and polyfluorinated substances (PFAS) by petitioner Inhance Technologies, LLC (Inhance). The Fifth Circuit’s decision comes after EPA’s Office of Enforcement and Compliance Assurance announced its National Enforcement and Compliance Initiatives for Fiscal Years 2024 – 2027, which involve increased emphasis on addressing PFAS exposure and contamination through enforcement actions and potential additional regulations.
U.S. Environmental Protection Agency Releases Draft Risk Evaluation Under the Toxic Substances Control Act for Formaldehyde
On March 15, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published its draft risk evaluation under the Toxic Substances Control Act (TSCA) for formaldehyde. This proposal is one of a series of risk evaluations EPA is conducting as required by the 2016 amendments to TSCA.
U.S. EPA Announces New Framework for Assessing New PFAS
On June 29, 2023, the U.S. Environmental Protection Agency (EPA) announced a framework for its approach to reviewing new per- and polyfluoroalkyl substances (PFAS) and significant new uses of existing PFAS. Stakeholders in sectors such as food packaging, textiles, semiconductors, and aerospace industries that continue to rely on PFAS compounds should take note. In general, EPA’s approval of new PFAS or new significant uses of existing PFAS may require additional testing — with substantial additional testing in some cases.
U.S. EPA Finalizes Rule Limiting Confidentiality Designations Under the Toxic Substances Control Act
On May 31, 2023, the U.S. Environmental Protection Agency (EPA) finalized a rule designed to tighten confidential business information (CBI) designations in submissions under the Toxic Substances Control Act (TSCA). EPA has touted this rule as providing “transparency” and providing the agency leeway to make “more health and safety data publicly available more quickly.” Given the sensitive nature of the data often provided in TSCA submission, regulated entities should carefully consider the provisions of the new rule and what steps they must take to ensure that confidential information is not subject to public disclosure.
EPA Proposes Updates to Toxic Substances Control Act Review Process, Including Removal of PFAS Exemptions
On Tuesday, May 16, 2023, the U.S. Environmental Protection Agency (EPA) released a prepublication version of a proposed rule instituting reforms to EPA’s regulations implementing the Toxic Substances Control Act (TSCA). EPA maintains a TSCA Chemical Substance Inventory, which lists all chemical substances known to be in commerce in the United States. Under TSCA, manufacturers and importers must submit a premanufacture notice for a new chemical substance unless an exemption applies (e.g., research and development). EPA must complete its risk determination for the new chemical substance before manufacture or import may commence. The proposed rule now makes clear that EPA must complete its risk determination on 100% of new chemical substances or approve an exemption notice before the associated product can enter the market, which aligns with amendments to TSCA made in 2016.
U.S. EPA Proposes Rule Banning Methylene Chloride in All Consumer Uses
On April 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed a rule seriously restricting the manufacture, processing, and distribution in commerce of methylene chloride. EPA is exercising its authority under Section 6(a) of the Toxic Substances Control Act (TSCA), which allows the agency to impose such prohibitions on chemical substances that it determines, following a risk evaluation, to present an unreasonable risk of injury to health or the environment. Methylene chloride is most commonly used as a solvent in adhesives and sealants, automotive products, and paint and coating removers, and this rule could affect, among others, the automotive, pharmaceutical, and chemical manufacturing sectors.