TSCA/FIFRA/TRI

PANNA Files Writ Of Mandamus Against EPA For Failing To Respond To Petition To Cancel Organophosphate Pesticides: On June 30, 2025, the Pesticide Action and Agroecology Network North America (PANNA) and several other non-governmental organizations (together, Petitioner) filed a Petition for Writ of Mandamus (Mandamus Petition) in the U.S. Court of Appeals for the Ninth Circuit to seek an order directing the U.S. Environmental Protection Agency (EPA) to act on a 2021 Petition to revoke all food tolerances and cancel registrations for organophosphate (OP) pesticides (OP Petition). The Mandamus Petition was filed pursuant to the All Writs Act, 28 U.S.C. Section 1651. Background regarding the OP Petition is available in our December 8, 2021, blog post. Petitioner states that EPA has continued to delay issuing registration review decisions on OPs and seeks the court to order EPA, within certain deadlines, to issue a final decision on the OP Petition for each of the 12 OPs. It asks the court to “direct EPA either to deny the OP Petition upon finding the OP uses safe, or grant the Petition and take the required regulatory action within one year.” Additionally, the Mandamus Petition seeks the court to retain jurisdiction and require quarterly status reports from EPA until it makes final decisions subject to judicial review for each of the OPs. More information is available in our July 15, 2025, blog item.

EPA Issues Final SNURs For Certain Chemical Substances: EPA published final significant new use rules (SNUR) on July 17 and July 29, 2025, for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to TSCA. 90 Fed. Reg. 33283, 90 Fed. Reg. 35624. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. Persons may not commence manufacture or processing for the significant new use until they have submitted a Significant New Use Notice (SNUN), and EPA has conducted a review of the SNUN, made an appropriate determination, and has taken such actions as are required by that determination. The July 17, 2025, SNURs will be effective September 15, 2025. The July 29, 2025, SNURs will be effective September 29, 2025.

Trump EPA Seeks Reversal Of Ruling That Typical Levels Of Drinking Water Fluoridation Present An Unreasonable Risk To Health: As reported in our February 13, 2025, blog item, on January 17, 2025, the Biden EPA filed a notice of appeal of the September 2024 lower court decision finding that the plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. Food & Water Watch v. EPA (No. 25-384). At that time, it was unknown how the Trump EPA would proceed. On July 18, 2025, EPA filed its opening brief in the U.S. Court of Appeals for the Ninth Circuit, arguing that the lower court’s decision should be reversed. EPA’s arguments include:

• Plaintiffs’ only relevant standing declarant has water that naturally contains fluoride, and Plaintiffs do not ask that the water utility remove naturally occurring fluoride. Thus, according to EPA, Plaintiffs’ injury is not caused by the addition of fluoride to drinking water, and no available remedy will redress it.
• EPA states that the U.S. District Court for the Northern District of California violated TSCA Section 21 by “permitting Plaintiffs to rely on evidence not first presented to EPA in the petition and reviewed by EPA in denying the petition.”
• EPA claims that the court “abused its discretion by commandeering the trial and administrative proceedings in violation of the party-presentation principle.”

More information is available in our August 8, 2025, blog item.

EPA Adds 18 Chemicals To Safer Chemical Ingredients List: EPA announced on July 21, 2025, that it is adding 18 chemicals to the Safer Chemical Ingredients List (SCIL), “supporting Administrator Zeldin’s commitment to transparency, innovation and safer chemistry.” The SCIL is a list of chemicals that EPA’s Safer Choice program has evaluated and determined meet Safer Choice criteria. EPA notes that the Safer Choice program “certifies cleaning and other products with ingredients that have met the program’s rigorous human health and environmental safety criteria.” According to EPA, with this July 2025 update, the total number of chemicals on the SCIL is 983.

EPA Seeks Comment On New Plan To Track The Adoption Of Bilingual End-Use Pesticide Labels: On July 21, 2025, EPA released for comment a new proposed streamlined approach to track the adoption of bilingual labeling of pesticide products and provided updated guidance on bilingual labeling requirements. 90 Fed. Reg. 34269. Previously, on December 27, 2024, EPA released for comment a proposed plan to track the adoption of bilingual labeling of pesticide products using the annual maintenance fee filing form. Comments are due on or before September 19, 2025. Comments can be submitted to docket EPA-HQ-OPP-2025-0049 at www.regulations.gov. For more information, read our July 23, 2025, blog item.

EPA Seeks Nominations Of Peer Reviewers To Evaluate Design Considerations For Genetically Engineered Mosquitoes: EPA announced on July 23, 2025, that it seeks nominations of scientific and technical experts to be considered as ad hoc reviewers in the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel’s (SAP) review of EPA’s white paper on genetically engineered (GE) female mosquitoes for mosquito control. 90 Fed. Reg. 34864. EPA states that it will solicit review and input from the FIFRA SAP on methodologies for determining the absence of novel proteins in the saliva of GE female mosquitoes that are used for mosquito control. EPA notes that this includes specific aspects of its draft memorandum that provides considerations for developers of GE mosquitoes. According to EPA, it will consider feedback from this review in the development of a final memorandum. EPA anticipates releasing these documents for public comment in late August 2025. EPA will hold the FIFRA SAP meeting on November 3-5, 2025. EPA will post information about how to register for the meeting and provide comments at a future date. Nominations for ad hoc reviewers were due August 14, 2025. More information is available in our July 26, 2025, blog.

EPA Approves TME For New Chemical: On July 24, 2025, EPA provided notice of its approval of an application for test marketing exemption (TME) under TSCA. 90 Fed. Reg. 34867. EPA has designated this application as T-24-0001. EPA states that it approved the TME application on December 19, 2024. According to the notice, EPA determined that test marketing the new chemical substance, under the conditions set out in the TME application, will not present any unreasonable risk of injury to health or the environment, including to a potentially exposed or susceptible subpopulation identified by the Administrator for the specific conditions of use identified in the application. The test marketing period, production volume, number of customers, and use must not exceed specifications in the application. All other conditions and restrictions described in the application and in the notice must also be met.

EPA Releases Memorandum Providing Additional Context On Occupational Exposure Data For DEHP: EPA announced on July 28, 2025, the release of a memorandum with additional context on occupational exposure data for di(2-ethylhexyl) phthalate (DEHP). According to EPA, the memorandum provides clarifying information on the draft DEHP risk assessment by providing a calculation of the number of workers and occupational non-users (ONU) exposed to DEHP for each Occupational Exposure Scenario (OES) identified in the draft risk evaluation. EPA notes that the memorandum also includes additional details on the inhalation monitoring data used to determine inhalation exposure of workers to DEHP in an occupational setting. Comments on the draft risk evaluation were due August 4, 2025. More information is available in our July 29, 2025, blog item.

EPA Seeks Comment As It Reconsiders PCE Risk Management Rule: EPA announced on July 30, 2025, that it seeks public comment to inform its reconsideration of the TSCA regulation for perchloroethylene (PCE). 90 Fed. Reg. 35858. EPA notes that as promulgated in December 2024, the PCE risk management rule addresses the unreasonable risk of injury to health presented by PCE under its conditions of use by requiring various workplace exposure controls, prohibiting certain industrial and commercial uses, and preventing consumer access to the chemical, among other provisions. According to EPA, the request for public comment follows the filing of several legal challenges to the rule in 2025, and EPA’s subsequent determination that the PCE regulation under TSCA should be reconsidered through further rulemaking. Comments are due August 29, 2025.

President Trump Sends Nomination For OCSPP Assistant Administrator To The Senate: On July 30, 2025, President Trump sent to the U.S. Senate Committee on Environment and Public Works (EPW) the nomination of Mr. Douglas Troutman to be Assistant Administrator for the Office of Chemical Safety and Pollution Prevention (OCSPP) at EPA. This position is the senior political position responsible for the regulation of pesticides and industrial chemicals under the authority of FIFRA and TSCA. Mr. Troutman is currently Interim Co-CEO, General Counsel, Corporate Secretary and Senior Vice President, Government Affairs at the American Cleaning Institute (ACI). ACI members produce a variety of products subject to regulation under TSCA and FIFRA, which would help Mr. Troutman’s familiarity with the OCSPP agenda and issues. More information is available in our August 1, 2025, blog item.

EPA Submits Draft Proposed Risk Evaluation Framework Rule To OMB For Review: On August 4, 2025, EPA submitted to the Office of Management and Budget (OMB) a proposed rule entitled “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA).” As reported in our March 14, 2025, memorandum, on March 10, 2025, EPA announced its intent to reconsider the May 2024 rule amending the procedural framework rule for conducting TSCA risk evaluations. EPA intended to review whether the approach taken by the Biden Administration to make a single risk determination for a chemical is consistent with TSCA, whether the Agency must evaluate all conditions of use at the same time in the three years generally allotted by Congress to conduct the review, and whether and how the use of personal protective equipment (PPE) and industrial controls in an occupational work environment should be incorporated into risk evaluations. The draft proposed rule submitted to OMB is not publicly available.

EPA Releases Preliminary 2024 TRI Data: On August 5, 2025, EPA published preliminary Toxics Release Inventory (TRI) data about chemical releases, waste management, and pollution prevention activities that took place during 2024 at more than 21,000 industrial and federal facilities. EPA notes that it is also making a routine update to its online TRI tools to include new reporting from submissions, revisions, and withdrawals from 2023 and earlier that EPA has processed since October 2024. EPA states that these updated data are, in part, the result of its work to assist industrial facilities in collecting and submitting accurate TRI data. EPA plans to publish a revised version of the data set later in 2025 that will include late submissions and revisions submitted by facilities. The preliminary data are accessible on EPA’s Envirofacts website. They are also available for download from the TRI website.

EPA Releases Draft TSCA Risk Evaluations For Phthalates BBP And DIBP For Public Comment: EPA announced on August 6, 2025, the availability of the draft TSCA risk evaluations for the phthalates butyl benzyl phthalate (BBP) and diisobutyl phthalate (DIBP) for public comment. 90 Fed. Reg. 37855. According to EPA, 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, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA states that it used the best available science to prepare the draft risk evaluations and to determine preliminarily, based on the weight of scientific evidence, that BBP and DIBP pose unreasonable risk to health and the environment driven primarily by certain conditions of use analyzed in the draft risk evaluations. Comments are due October 6, 2025. More information is available in our August 15, 2025, blog item.

EPA Seeks Stakeholders To Participate As Small Entity Representatives On Small Business Advocacy Review Panels On Asbestos And Formaldehyde: EPA announced on August 8, 2025, that it seeks self-nominations from small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SER) providing advice and recommendations for two separate Small Business Advocacy Review (SBAR) Panels. One SBAR Panel will focus on EPA’s development of a proposed rule to address unreasonable risk identified in the TSCA risk evaluation for asbestos part 2. A separate SBAR Panel will focus on EPA’s development of a proposed rule to address unreasonable risk identified in the TSCA risk evaluation for formaldehyde. EPA states that other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs. Nominations for the formaldehyde SBAR panel are due August 22, 2025. Nominations for the asbestos part 2 SBAR panel are due September 7, 2025.

EPA Accelerates Review Of LVEs: EPA announced on August 11, 2025, the results of process improvements to accelerate the review of Low Volume Exemptions (LVE) in the TSCA New Chemicals Program. At the end of March 2025, EPA identified 79 LVEs waiting for review and established a dedicated team of risk assessors. EPA states that it completed the risk assessments and made preliminary decisions for all 79 cases during April and May 2025. According to EPA, 80 percent of these LVEs have received final decisions from EPA and the remaining 20 percent are awaiting information from the submitter before a final decision can be made. EPA also completed risk assessments for an additional 27 LVEs, for a total of 106 LVE risk assessments completed over two months.

The process improvements, including grouping similar cases, designating discipline-specific expediters, and using just-in-time communication, helped to gain speed and efficiencies. EPA states that it “recorded detailed data on assessor timeliness and identified periods of down time that can be shortened or eliminated, resulting in more opportunities for additional efficiency gains in the future.” EPA intends to continue making improvements to decrease the review time for LVEs with the target of assigning an assessor and completing the review within 30 days.

EPA Releases Update To TSCA Inventory: EPA announced on August 14, 2025, that it has released the latest TSCA Inventory. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the United States under TSCA that do not otherwise qualify for an exemption or exclusion. EPA notes that this biannual update to the TSCA Inventory includes EPA’s regular posting of non-confidential TSCA Inventory data. EPA plans the next regular update of the TSCA Inventory for winter 2026. EPA states that it is also updating the TSCA Master Inventory File, “which includes the full, specific chemical identities claimed as confidential.” According to EPA, the TSCA Master Inventory File now contains 86,862 chemicals of which 42,578 are active in U.S. commerce. Other updates to the TSCA Inventory include updates to commercial activity data, unique identifier data, and regulatory flags (e.g., SNURs and test orders). EPA continues to perform ongoing confidential business information (CBI) reviews resulting in a number of chemicals that no longer have confidential claims to the chemical name and have been moved to the non-confidential portion of the Inventory.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

Trump Grants Regulatory Relief From Biden EPA Emission Standards: On July 17, 2025, President Trump signed four proclamations that grant two years of regulatory relief from Biden-era regulations that impacted various sectors vital to national security. According to the White House’s July 17, 2025, fact sheet, the proclamations cover coal plants, taconite iron ore processing facilities, and certain chemical manufacturers that produce chemicals related to semiconductors, medical device sterilization, advanced manufacturing, and national defense systems. The proclamations allow certain of these facilities to comply with standards that were in place before the Biden Administration rulemakings for two years. The fact sheet states that the exemptions “ensure that these facilities within these critical industries can continue to operate uninterrupted to support national security without incurring substantial costs to comply with, in some cases, unattainable compliance requirements.”

EPA And CSB Announce “First-Ever” Settlement To Resolve Violations Of The Accidental Release Reporting Rule: EPA and the U.S. Chemical Safety and Hazard Investigation Board (CSB) announced on July 28, 2025, a settlement with Pacific Gas and Electric Company (PG&E) to resolve a violation of the Clean Air Act (CAA) and the 2020 Accidental Release Reporting rule. EPA notes that “[t]his is the first time EPA has taken an enforcement action and reached a settlement with a company for violations of the 2020 rule.” According to EPA, on June 8, 2023, an accidental release of natural gas from a PG&E pipeline in San Jose, California, caused a serious injury to a PG&E employee. PG&E failed to report the incident to the CSB. EPA states that under the settlement, PG&E will pay a civil penalty of $45,273 for failing to report the incident. PG&E has submitted a report to the CSB containing the required information about the incident.

GAO Publishes Report On EPA’s Analysis Of Costs For PFAS NPDWR: On July 30, 2025, the U.S. Government Accountability Office (GAO) publicly released a report entitled “Persistent Chemicals: Information on EPA’s Analysis of Costs for its PFAS Drinking Water Regulation.” According to GAO, the joint explanatory statement accompanying the Consolidated Appropriations Act, 2024 includes a provision that GAO review the cost estimates supporting EPA’s PFAS National Primary Drinking Water Regulation (NPDWR). GAO notes that “[b]ecause this issue is the subject of ongoing litigation, GAO’s work focused on whether EPA sought and published public comment on various elements of the analysis of costs, as required by [the Safe Drinking Water Act (SDWA)].” GAO found that EPA did publish and seek public comment as required.

EPA Proposes Reconsideration Of 2009 Endangerment Finding And GHG Vehicle Standards: EPA published a proposed rule on August 1, 2025, that would repeal all greenhouse gas (GHG) emission standards for light-duty, medium-duty, and heavy-duty vehicles and engines to effectuate the best reading of CAA Section 202(a). 90 Fed. Reg. 36288. EPA proposes that CAA Section 202(a) “does not authorize the EPA to prescribe emission standards to address global climate change concerns and, on that basis, propose to rescind the Administrator’s prior findings in 2009 that GHG emissions from new motor vehicles and engines contribute to air pollution which may endanger public health or welfare.” EPA further proposes, in the alternative, to rescind the Administrator’s prior findings in 2009 because EPA “unreasonably analyzed the scientific record and because developments cast significant doubt on the reliability of the findings.” Lastly, EPA proposes to repeal all GHG emission standards on the alternative bases that no requisite technology for vehicle and engine emission control can address the global climate change concerns identified in the findings without risking greater harms to public health and welfare. On August 15, 2025, EPA extended the comment period. 90 Fed. Reg. 39345. Comments are due September 22, 2025. EPA will hold a virtual public hearing on August 19-20, 2025, on the proposed rule. 90 Fed. Reg. 36125.

EPA Will Convene Hazardous Waste e-Manifest Advisory Board For Virtual Public Meeting: On August 7, 2025, EPA will convene the Hazardous Waste Electronic System (e-Manifest) Advisory Board for a three-day virtual public meeting on September 23-25, 2025. 90 Fed. Reg. 38146. EPA states that the purpose of the meeting is to seek the Board’s consultation and recommendations regarding the e-Manifest system (Meeting Theme: “Accelerating the Future: Phasing out Paper Manifests to Unlock the Full Potential of e-Manifest”). EPA will post the meeting materials in the public docket under docket number EPA-HQ-OLEM-2025-0391 as soon as they become available.

FDA

FDA Extends Comment Period On Method For Ranking Chemicals In Food For Post-Market Assessments: The U.S. Food and Drug Administration (FDA) announced on July 14, 2025, that it is extending the public comment period on its proposed method for ranking chemicals in the food supply by 30 days, to August 18, 2025. As reported in our July 8, 2025, blog item, FDA proposes to use Multi-Criteria Decision Analysis (MCDA) to determine a score for each chemical based on evaluating the information about a chemical against a pre-determined set of criteria. FDA states that it is extending the deadline in response to requests to provide additional time for stakeholders to review the proposed method and submit comprehensive feedback. FDA encourages the public to respond to the questions listed in Section 4 of the document. 

FDA Encourages Phase Out Of Red Dye No. 3: On July 14, 2025, FDA issued a letter encouraging manufacturers of FD&C Red No. 3 to accelerate phasing out use in foods, dietary supplements, and drugs in advance of the January 15, 2027 (foods and supplements) and January 18, 2028 (ingested drugs) deadlines. FDA “believes that accelerating the phase out of the use of FD&C Red No. 3 in foods will help further the goal of Making America Healthy Again.”

FDA Proposes Revocation Of 52 Food Standards: On July 24, 2025, FDA proposed revoking a variety of food standards with the rationale that FDA’s actions would “remove obsolete rules to reduce unnecessary regulatory requirements” or “reduce redundant regulatory requirements.” Potentially impacted food standards are listed below.

• Direct final rule and proposed rule to revoke standards for artificially sweetened canned fruit applies only to canned fruit made with saccharin and/or sodium saccharin, including artificially sweetened canned apricots; artificially sweetened canned cherries; artificially sweetened canned figs; canned preserved figs; artificially sweetened canned fruit cocktail; canned seedless grapes; artificially sweetened canned peaches; artificially sweetened canned pears; and artificially sweetened canned pineapple. The proposed rule would also revoke standards for canned field corn and canned dry peas. FDA is accepting comments for the proposed rule until August 18, 2025.
• Proposed rule to remove food standards for the following: acidified milk; acidified sour cream; caciocavallo siciliano cheese; low sodium cheddar cheese; low sodium colby cheese; cold-pack cheese food with fruits, vegetables, or meats; cook cheese, koch kaese; cream cheese with other foods; gammelost cheese; high-moisture jack cheese; nuworld cheese; pasteurized blended cheese with fruits, vegetables, or meats; pasteurized process cheese with fruits, vegetables, or meats; pasteurized process cheese food with fruits, vegetables, or meats; samsoe cheese; sap sago cheese; goat’s milk ice cream; and mellorine. FDA is accepting comments until September 15, 2025.
• Proposed rule to remove food standards for the following: milk bread, rolls, and buns; enriched macaroni products with fortified protein; milk macaroni products; nonfat milk macaroni products; enriched nonfat milk macaroni products; wheat and soy macaroni products; vegetable noodle products; enriched vegetable noodle products; wheat and soy noodle products; frozen concentrate for artificially sweetened lemonade; frozen concentrate for colored lemonade; frozen orange juice; reduced acid frozen concentrated orange juice; canned concentrated orange juice; orange juice for manufacturing; orange juice with preservative; concentrated orange juice for further manufacturing; concentrated orange juice with preservative; Olympia oysters; frozen raw lightly breaded shrimp; vanilla-vanillin extract; vanilla-vanillin flavoring; and vanilla-vanillin powder. FDA is accepting comments until September 15, 2025.

FDA Requests Information For “Ultra-Processed Foods”: On July 25, 2025, FDA and the U.S. Department of Agriculture (USDA) requested “data and information to help develop a uniform definition of ultra-processed foods (UPF or UPFs) for human food products in the U.S. food supply.” 90 Fed. Reg. 35305. FDA notes that there “is a clear need for a uniform definition of UPFs to allow for consistency in research and policy. With this Request for Information, we seek data and information that would enable us, as part of a joint federal agency effort, to define UPFs.” Comments must be submitted by September 23, 2025.

FDA Releases Tool For Toxicity Screening For Chemicals In Food: On July 30, 2025, FDA released its Expanded Decision Tree (EDT), a chemical toxicity and risk screening tool that FDA identifies as a New Approach Method that may “leverage large data sets to achieve faster and less expensive informative new approaches to chemical assessments that can inform risk management decisions and actions.” Additional details for the tool are available at online.

Former FDA Chief Files Citizen’s Petition On Processed Food: On August 6, 2025, Dr. David A. Kessler, a former head of FDA, filed a citizen’s petition arguing that certain ingredients in ultra-processed food should not be considered generally recognized as safe (GRAS), stating that “science no longer supports that determination.” Dr. Kessler asserts in the petition that “[p]ast GRAS determinations are based on outdated data and fail to assess the long-term effects on insulin dynamics, blood lipid parameters, energy partitioning, inflammatory markers, brain reward signaling, or visceral adiposity. These past determinations do not reflect chronic exposure, synergistic effects with other additives, or lifetime health consequences. Today there is no expert consensus that refined carbohydrates in ultraprocessed foods are safe under present conditions of use, as is required to find that use of refined carbohydrates is GRAS.” Dr. Kessler’s petition requests that FDA: (1) declare that it no longer considers certain processed carbohydrates as GRAS; (2) revoke existing GRAS regulations for these processed carbohydrates; (3) inform industry that continued use requires notifying FDA; and (4) remove certain products from commerce unless their use in food is authorized by a food additive petition. 

NANOTECHNOLOGY

EC Scientific Committee Issues Final Opinion On Hydroxyapatite (Nano) In Oral Products: On July 1, 2025, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) issued a final opinion on hydroxyapatite (nano) in oral products. The EC asked SCCS if it considers hydroxyapatite (nano) safe when used in toothpaste up to a maximum concentration of 29.5 percent and in mouthwash up to a maximum concentration of ten percent according to the specifications as reported in the submission, taking into account reasonably foreseeable exposure conditions. According to the opinion, based on the data provided, SCCS considers hydroxyapatite (nano) safe when used at concentrations up to 29.5 percent in toothpaste, and up to ten percent in mouthwash. More information is available in our July 28, 2025, blog item.

EPA Issues Final SNUR For Graphene Nanoplatelets (Generic): On July 29, 2025, EPA issued final SNURs for certain chemical substances, including graphene nanoplatelets (generic), that were the subject of PMNs and a Microbial Commercial Activity Notice (MCAN) and are also subject to an Order issued by EPA pursuant to TSCA. 90 Fed. Reg. 35624. The SNURs require persons who intend to manufacture (including import) or process any of the chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. EPA states that the chemical substance identified generically as graphene nanoplatelets (PMN P-22-54) is subject to reporting for the significant new uses described in the SNUR. EPA notes that the requirements do not apply to quantities of the substance after they have been completely reacted or cured; or embedded into a permanent solid polymer form that is not intended to undergo further processing, except mechanical processing or physical blending. The final SNUR will be effective September 29, 2025. More information is available in our August 6, 2025, blog item.

European Court Of Justice Upholds Decision Annulling Harmonized Classification And Labeling Of Titanium Dioxide: On August 1, 2025, the European Court of Justice (ECJ) issued a judgment upholding the 2022 decision of the General Court annulling the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. As reported in our December 6, 2022, memorandum, the court annulled the EC’s decision to classify titanium dioxide as a suspected human carcinogen. The French government and the EC appealed the decision, arguing that the court exceeded the limits of permissible judicial review of an EC decision and that the court incorrectly interpreted the concept of “intrinsic properties” as it appears in the Classification, Labeling, and Packaging (CLP) Regulation. More information is available in our August 8, 2025, blog item.

PUBLIC POLICY AND REGULATION

Public Policy And Regulation Blog™: Our insights on policy developments affecting industrial and agricultural chemicals and the products they make possible are available at https://www.lawbc.com/brand/publicpolicyblog/.

LEGISLATIVE

Safer Beauty Bill Package Would Update Federal Cosmetics Laws: In July 2025, Representative Jan Schakowsky (D-IL), Ranking Member of the House Energy and Commerce Subcommittee on Commerce, Manufacturing, and Trade reintroduced the Safer Beauty Bill Package with Representatives Lizzie Fletcher (D-TX), Doris Matsui (D-CA), and Ayanna Pressley (D-MA). According to Schakowsky’s July 17, 2025, press release, the bill package includes four separate bills that “offer progressive updates to an increasingly outdated set of federal cosmetics laws.” The press release states that the package “builds upon the Modernization of Cosmetics Regulation Act (MoCRA), which passed under President Joe Biden and expanded FDA oversight to include the regulation of the cosmetics industry, including mandatory recall authority, adverse event reporting, and requiring facility registration, and more.” The bills include:

• The Toxic-Free Beauty Act (H.R. 4433): Bans 18 chemicals and two classes of chemicals (phthalates and formaldehyde-releasing preservatives) that have been banned by the European Union and a number of states, including California, Maryland, Oregon, Washington, and Vermont;
• Cosmetic Supply Chain Transparency Act (H.R. 4434): Requires suppliers of raw materials, ingredients, and private label products to provide full ingredient disclosure and safety data to cosmetic companies;
• Cosmetic Hazardous Ingredient Right to Know Act (H.R. 4435): Requires product label and website disclosure of “secret, unlabeled, and often toxic chemicals in our personal care products”; and
• Cosmetic Safety Protections for Communities of Color and Salon Workers (H.R. 4436): Funds research, resource materials, education and outreach, and the development of safer chemicals to protect the health of women of color and salon workers. The bill also requires FDA to regulate the safety of synthetic braids, “which can contain toxic chemicals.”

Legislation Introduced To Amend FIFRA To Establish A Private Right Of Action For Injuries Caused By Pesticides: On July 17, 2025, Senator Cory Booker (D-NJ) introduced legislation that would establish a private right of action for injuries caused by pesticides (S.2324). The introduction of S.2324, the Pesticide Injury Accountability Act of 2025, if enacted, is intended to allow cases against pesticide manufacturers for alleged harm caused by their pesticide products. In his press release, Booker states: “Rather than providing a liability shield so that foreign corporations are allowed to poison the American people, Congress should instead pass the Pesticide Injury Accountability Act to ensure that these chemical companies can be held accountable in federal court for the harm caused by their toxic products.” Specifically, the legislation would amend FIFRA by adding the following language:

“Sec. 34. PRIVATE RIGHT OF ACTION FOR INJURIES CAUSED BY PESTICIDES. 

(a) IN GENERAL.— Any person the property or person of which is injured by a pesticide may bring a civil action in Federal district court against a registrant of the pesticide for monetary damages for injury to the property or person caused by the pesticide. 

(b) RECOVERABLE DAMAGES.— Monetary damages that may be recovered in a civil action under subsection (a) — (1) include compensatory and punitive damages, at the discretion of the court; and (2) do not include attorney’s fees or court costs.

(c) EFFECT.— Nothing in this section shall preempt any State law claim.”

More information regarding the Senate legislation is available here. B&C’s insightful commentary on the legislation is available in our July 23, 2025, blog item.

House Appropriations Committee Approves FY 2026 Interior, Environment, And Related Agencies Appropriations Bill That Would Prohibit Funding For The IRIS Program: On July 22, 2025, the House Appropriations Committee approved fiscal year (FY) 2026 Interior, Environment, and Related Agencies appropriations bill (H.R. 4754) by a vote of 33 to 28. According to the Committee’s July 22, 2025, press release, the bill would reduce EPA funding by 23 percent. The bill would prohibit funding to “develop, finalize, issue, or use assessments” under EPA’s Integrated Risk Information System (IRIS) program. 

Bipartisan Permitting Reform Legislation Introduced In The House: On July 25, 2025, Representatives Bruce Westerman (R-AR), Chair of the House Committee on Natural Resources, and Jared Golden (D-ME) introduced the Standardizing Permitting and Expediting Economic Development (SPEED) Act (H.R. 4776). According to the Committee’s July 25, 2025, press release, the SPEED Act will modernize the National Environmental Policy Act (NEPA) “to help streamline the permitting process and return the law to its intended purpose.” The press release states that the bill will shorten permitting timelines and reduce the frequency of “frivolous litigation.” This legislation will simplify the analysis required in NEPA documents, thereby easing the burden on agencies. The bill will also clarify when NEPA is triggered by clarifying the definition of “Major Federal Action.” Lastly, the bill will establish judicial review limitations for NEPA claims, including a 150-day deadline for filing claims, a new standard of review, and the elimination of procedural moves that stop projects from moving forward.

Bipartisan Legislation Would Reduce PFAS Contamination At Military Sites And In Surrounding Communities: On July 28, 2025, Senator Kirsten Gillibrand (D-NY) introduced the U.S. Department of Defense (DOD) PFAS Discharge Prevention Act (S. 2472). According to Gillibrand’s July 28, 2025, press release, the bill would facilitate the implementation of best management practices (BMP) at DOD facilities to mitigate PFAS pollution at the source, before it contaminates drinking water. The bill would use a small portion of existing PFAS remediation funding to:

• Require DOD to monitor regularly for PFAS at DOD installations; and
• Facilitate the implementation of base-specific BMPs to limit PFAS-laden stormwater runoff at DOD facilities.

Research For Healthy Soils Act Reintroduced In The Senate: Senator Jeff Merkley announced on July 29, 2025, that he reintroduced the Research for Healthy Soils Act (S. 2500). According to Merkley’s press release, the legislation “would unlock federal funding at the U.S. Department of Agriculture’s Agricultural Research Service to conduct research on microplastics in biosolids and help us better understand their potential impacts on soil health, crops, public health, and the environment.”

MISCELLANEOUS

A Snapshot Of Extended Producer Responsibility In 2025: 2025 has been a busy year for extended producer responsibility (EPR) policy, especially for packaging and paper products. States have enacted new EPR programs and laws to assess the need for EPR. Existing programs have been altered or updated. Compliance deadlines have come and gone. EPR legislation has been introduced in many states. With so many moving parts, the status of EPR in the United States can be hard to follow. More information on the overview of changes and developments in the EPR landscape in 2025 is available in our July 16, 2025, memorandum.

DOD Publishes 2025 Update On Critical PFAS Uses, Recommends Risk-Based Approach To Defining PFAS: DOD published a July 2025 report entitled Update on Critical Per- and Polyfluoroalkyl Substance Uses. The report presents DOD’s plan to research alternatives to mission critical PFAS uses and evaluate and review key technical standards for PFAS critical materials “to ensure that the standards are effective, accurately represent the required performance, and ensure that viable PFAS-free alternatives are not artificially excluded.” The report states that the collective international, federal, and state regulatory actions to manage the environmental impacts of PFAS and identify and eliminate PFAS from the market, and the resulting market responses, pose increasing risks to DOD operations due to possible product obsolescence and reformulations. These issues are exacerbated by the variability in how the regulatory authorities define PFAS. According to the report, PFAS are critical to the national security of the United States, and there is a need “to ensure that the dwindling number of domestic PFAS manufacturers remain able to and capable of providing PFAS critical to national security, including those producing the feedstock minerals (fluorspar and possibly others) and chemicals and all the intermediate chemicals leading to the manufacture of fluoropolymers, fluorinated gases, and other critical fluorochemicals broadly defined as PFAS.” More information is available in our July 24, 2025, blog item.

Minnesota Extends January 1, 2026, PFAS Reporting Deadline To July 1, 2026: The Minnesota Pollution Control Agency (MPCA) announced on July 23, 2025, that it will extend the January 1, 2026, deadline for reporting products containing intentionally added PFAS to July 1, 2026. In its announcement, MPCA also notes updates to the 2025 PFAS in product prohibitions. Consistent with MPCA’s recommendations, the Minnesota legislature amended the statute so that intentionally added PFAS found in internal components and electronic components of products are now exempt from Minnesota’s 2025 PFAS prohibitions. Intentionally added PFAS in these components will be prohibited beginning January 1, 2032, unless the use of PFAS is determined to be a currently unavoidable use (CUU). The legislature also amended the statute to clarify the definition of “juvenile products” to exclude all-terrain vehicles (ATV), motorcycles, snowmobiles, e-bikes, and replacement parts for these products designed for children.

Safer States Publishes Takeaways From 2025 Legislative Session On Toxic Chemicals And Plastics, Including PFAS And Microplastics: On July 23, 2025, Safer States published its takeaways from the 2025 legislative session on toxic chemicals and plastics. According to Safer States, in 2025, ten states have adopted at least 22 policies intended to reduce exposure to toxic chemicals and advance safer solutions. Safer States notes the following trends from the 2025 legislative sessions:

• States are leading the charge to prevent exposure to PFAS, toxic plastics, and other harmful chemicals;
• States are addressing pollution and cleaning up toxic contamination;
• States are successfully defending hard-won protections; and
• States are protecting drinking water as federal action falters.

Safer States anticipates that this momentum will continue in the states that still have active legislative sessions. Safer State’s bill tracker allows stakeholders “to keep up to date on adopted and moving state legislative policies that help move the needle forward toward achieving a healthier world.” More information is available in our July 31, 2025, blog item.

Comments On Maine’s Proposed CUU Amendment Due September 2, 2025: The Maine Department of Environmental Protection (MDEP) began a public consultation on July 30, 2025, on a proposed amendment to Chapter 90: Products Containing PFAS. The proposed amendment would add two designations for CUUs of intentionally added PFAS in cleaning products subject to sales prohibition beginning January 1, 2026. Each determination will remain in effect until the date listed below:

• The use of PFAS in a cleaning product container internal cartridge valve within the Harmonized Tariff System (HTS) classification 3926.90.4510, that are used in the industrial sector with the North American Industry Classification System (NAICS) codes 561210 and 561720, is a CUU until January 1, 2031; and
• The use of PFAS in a cleaning product container vented cap liner within the HTS classification 3921.19.0000, 7607.20.5000, and 3923.50.0000, that are used in the industrial sector with the NAICS code 322299, is a CUU until January 1, 2031.

MDEP will hold a public hearing on August 21, 2025. Comments are due September 2, 2025. More information on the CUU proposals is available in our July 14, 2025, memorandum.

EPA Publishes Guidance On Referrals For Potential Criminal Enforcement: EPA published a notice on July 31, 2025, describing its plans to address regulatory offenses that give rise to criminal liability under Executive Order 14294 on “Fighting Overcriminalization in Federal Regulations.” 90 Fed. Reg. 36044. EPA advises the public that by May 9, 2026, the Agency, in consultation with the Attorney General, will provide to the OMB Director a report containing: list of all criminal regulatory offenses enforceable by Agency or the U.S. Department of Justice (DOJ); and for each such criminal regulatory offense, the range of potential criminal penalties for a violation and the applicable mens rea standard for the criminal regulatory offense. The notice also announces a general policy, subject to appropriate exceptions and to the extent consistent with law, that when the Agency is deciding whether to refer alleged violations of criminal regulatory offenses to DOJ, officers and employees of EPA should consider, among other factors:

• The harm or risk of harm, pecuniary or otherwise, caused by the alleged offense;
• The potential gain to the putative defendant that could result from the offense;
• Whether the putative defendant held specialized knowledge, expertise, or was licensed in an industry related to the rule or regulation at issue; and
• Evidence, if any is available, of the putative defendant’s general awareness of the unlawfulness of his conduct as well as his knowledge or lack thereof of the regulation at issue.

EPA notes that it “has historically considered each of these factors as a matter of formal policy and in practice, not only in referring alleged violations of criminal regulatory offenses to DOJ, but also in deciding whether to open a formal investigation in the first place.”

IRS Modifies List Of Taxable Chemical Substances To Include 21 Chemicals: On August 4, 2025, the Internal Revenue Service (IRS) published a notice of determinations that modifies the list of taxable substances to include the following 21 substances: polyphenylene sulfide, cellulose acetate (degree of substitution = 1.5-2.0), 4,4′-isopropylidenediphenol-epichlorohydrin copolymer, nylon 6, caprolactam, methyl ethyl ketoxime, iso-butanol, diethylene glycol monomethyl ether, ethylene glycol phenyl ether, methoxytriglycol, propylene glycol methyl ether acetate, propylene glycol methyl ether, propylene glycol n-propyl ether, propylene glycol phenyl ether, di-isobutyl carbinol, di-isobutyl ketone, methyl isobutyl carbinol, cyanuric acid, potassium bicarbonate, potassium carbonate, and sodium chlorite. 90 Fed. Reg. 36520. For each of the substances, an importer, an exporter, or an interested person petitioned the IRS for a determination under Section 4672(a)(2) of the Internal Revenue Code (Code) to add the substance to the list. According to the IRS, for each substance, the petition represented that the taxable chemicals constitute more than 20 percent of the weight of materials used to produce the substance, based on the predominant method of production. After reviewing each petition, the Secretary determined that taxable chemicals constitute more than 20 percent by weight of the materials used to produce the substance, based on the predominant method of production. Therefore, each of the substances is added to the list as required under Section 4672(a)(2) and (4). The effective date for purposes of the tax under Section 4671 of the Code for the taxable substances added to the list is January 1, 2026. For the effective date for purposes of refund claims under Section 4662(e) of the Code for the taxable substances added to the list, the IRS states that stakeholders should see the determination for each substance. The notice “also modifies the list included in Notice 2021-66 by correcting a typographical error in the spelling of the name of the taxable substance sodium nitrilotriacetate monohydrate and prescribing a tax rate for sodium nitrilotriacetate monohydrate.” The tax rate for sodium nitrilotriacetate monohydrate is effective July 1, 2022.

Federal Court Grants Minnesota’s Motion To Dismiss Challenge To Its PFAS Ban In Cookware: On August 11, 2025, the U.S. District Court for the District of Minnesota granted MPCA’s motion to dismiss the Cookware Sustainability Alliance’s (CSA) suit for failure to state a claim. CSA v. Kessler (No. 0:25-cv-00041). As reported in our January 14, 2025, blog item, CSA filed suit in January 2025, claiming that Minnesota’s January 1, 2025, ban on the sale of cookware containing intentionally added PFAS violates the U.S. Constitution’s Commerce Clause, the First Amendment, and the Supremacy Clause. After MPCA moved to dismiss the complaint, CSA voluntarily dismissed its causes of action under the First Amendment and the Supremacy Clause. The court granted MPCA’s motion to dismiss, dismissing CSA’s dormant Commerce Clause claims in the Complaint with prejudice and the voluntarily dismissed claims without prejudice. More information will be available in a forthcoming blog item.

EPA Relaunches Comprehensive Guidance Document Website: On August 13, 2025, EPA announced the relaunch of EPA’s Guidance Portal, “a streamlined website for accessing important guidance documents related to air quality, water protection, hazardous waste management, and more.” According to EPA, the website serves as a resource for all guidance documents managed across EPA’s headquarters environmental programs. EPA designed the website to be a “one-stop shop to help users and small businesses easily and quickly locate and follow EPA’s active guidance documents on topics of interest.” EPA notes that guidance documents are “agency statements of general applicability, intended to have future effects on the behavior of regulated parties, that set forth a policy on a statutory, regulatory, or technical issue, or an interpretation of a statute or regulation, with some exceptions.” According to EPA, the portal does not contain documents excluded from this definition, “such as internal guidance directed to EPA or other federal agencies that is not intended to have future effect on the behavior of regulated parties, rules of agency organization, procedure, or practice, and internal executive branch legal advice or legal opinions addressed to executive branch officials, among others.” EPA’s guidance documents generally lack the force and effect of law. 

Petitions Filed To Add Chemicals To List Of Chemical Substances Subject To Superfund Excise Tax: On August 15, 2025, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances:

• Chloro-isobutene-isoprene rubber ((C₄H₈)_n-(C₅H_7.31Cl_0.69)_m; n=97.75, m=2.25) (90 Fed. Reg. 39468): Petition filed by Arlanxeo USA LLC and Arlanxeo Canada Inc., importers and exporters of chloro-isobutene-isoprene rubber((C₄H₈)_n-(C₅H_7.31Cl_0.69)_m; n=97.75, m=2.25); and
• Ethylene-propylene-dicyclopentadiene rubber ((C₂H₄)_m-(C₃H₆)_n-(C₁₀H₁₂)_o; m=73.18, n=26.53, o=0.29) (90 Fed. Reg. 39469): Petition filed by Arlanxeo USA LLC and Arlanxeo Canada Inc., importers and exporters of ethylene-propylene-dicyclopentadiene rubber ((C₄H₈)_n-(C₅H_7.31Cl_0.69)_m; n=97.75, m=2.25).

Comments on the petitions are due October 14, 2025.

NYS DEC Will Hold Pre-Rulemaking Stakeholder Meeting On PFAS In Apparel Law: On August 25, 2025, the New York State Department of Environmental Conservation (NYS DEC) will hold a pre-rulemaking stakeholder meeting on its implementation of the prohibitions on PFAS in apparel. NYS DEC will present an overview of the enacted law, codified at Section 37-0121 of the Environmental Conservation Law, and discuss the conceptual framework for regulating PFAS in apparel that it is considering for the rulemaking. NYS DEC notes that this will be a pre-rulemaking meeting and that it anticipates using feedback from the meeting to inform a proposed rule with additional public comment opportunities. Registration is required to attend the virtual meeting.