TSCA/FIFRA/TRI

EPA Receives TSCA Section 21 Petitions Seeking Reconsideration Of Exemption Conditions In Final Trichloroethylene Rule: The U.S. Environmental Protection Agency (EPA) recently updated its website to include two petitions submitted under Section 21 of TSCA that seek reconsideration of exemption provisions of EPA’s final risk management rule for trichloroethylene (TCE). On March 24, 2025, PPG Industries, Inc. (PPG) submitted a petition seeking an amendment to the December 2024 final rule’s exemption for the industrial and commercial use of TCE as a processing aid for specialty polymeric microporous sheet materials manufacturing that would allow PPG to meet an interim existing chemical exposure limit (ECEL) of five parts per million (ppm) and an action level of 2.5 ppm. EPA’s May 9, 2025, letter acknowledging receipt of the petition states that it will either grant or deny the portions of the petition eligible for TSCA Section 21 within 90 days of the date the petition was received (i.e., by June 22, 2025). On April 30, 2025, the Alliance for a Strong U.S. Battery Sector (Alliance) and Microporous, LLC submitted a TSCA Section 21 petition for reconsideration of and revisions to the final TCE rule. Petitioners request that EPA revise the final rule to increase the interim ECEL to six ppm and extend the length of the duration from 20 to 25 years to account for the time required to research, develop, test, and obtain approvals for any alternative to TCE in battery-separator manufacturing. EPA’s May 9, 2025, letter acknowledging receipt of the petition states that it will either grant or deny the portions of the petition eligible for TSCA Section 21 within 90 days of the date the petition was received (i.e., by July 30, 2025). More information is available in our May 13, 2025, blog item.

EPA Announces Updates To MyPest, A Pesticide Registration Tracking App For Companies: On April 18, 2025, EPA announced updates to its pesticide registration tracking app, MyPest. EPA states MyPest allows registrants of pesticide products to monitor the status of their pesticide registration submissions in real time. The launch of the latest version of MyPest includes updates to an enhanced dashboard page with information about the registrant’s cases and products, the ability to view detailed information of each application, and the capability to communicate with EPA staff directly within the application page. According to EPA, MyPest gives pesticide registrants greater insight into the registration process and provides an easier way for them to communicate with EPA on registration packages under review. EPA believes this update will be “a significant step forward in making the regulatory process more efficient and transparent.” This work is part of EPA’s overall digital transformation strategy and process streamlining that will improve the timeliness of pesticide registration decisions. EPA states over 1,200 registrants have already signed up for MyPest. Additional updates planned for later this year include further enhancements to the user experience and detailed information on the progress of registration review cases and data call-ins.

EPA Announces Settlement To Resolve Chemical Data Reporting Requirements: EPA announced on April 23, 2025, a settlement with Miller Waste Mills, Inc. (doing business as RTP Company) to resolve violations of chemical data reporting requirements under TSCA. EPA states that the Company must pay a $112,155 civil penalty. According to EPA, Miller Waste Mills imports chemicals used in textile waste processing and thermoplastic compounds. EPA alleges Miller Waste Mills failed to submit data reports for four imported chemical substances required by law. EPA assesses chemicals produced or sold in the United States to determine potential risks to public health and the environment. The Agency also ensures that any non-confidential business information regarding the chemicals is available to the public. EPA states that the alleged violations impeded its ability to maintain accurate and updated information.

DOJ Moves For Voluntary Dismissal Of Its Appeal Of Decision Finding That Section 230 Offers Immunity To Online Retailers: On April 24, 2025, the U.S. Department of Justice (DOJ) filed an unopposed motion in the U.S. Court of Appeals for the Second Circuit for voluntary dismissal of its appeal of an October 2024 decision finding that eBay is immune from liability under Section 230 of the Communications Decency Act. USA v. eBay, No. 24-3104. As reported in our September 28, 2023, memorandum, in September 2023, DOJ, on behalf of EPA, filed a complaint in the U.S. District Court for the Eastern District of New York against eBay “for unlawfully selling, offering for sale, causing the sale of, and distributing hundreds of thousands of products” in violation of the Clean Air Act (CAA), FIFRA, and TSCA. USA v. eBay, No. 23-CV-7173. On September 30, 2024, the court granted eBay’s motion to dismiss the case, finding that:

• eBay did not sell, offer for sale, or cause the sale or offer for sale of aftermarket defeat devices in violation of the CAA;
• eBay did not distribute or sell pesticides in violation of FIFRA;
• EPA pled facts sufficient to allege that eBay introduces methylene chloride-containing products into commerce, thus distributing them in violation of TSCA and the methylene chloride rule; and
• Section 230 of the Communications Decency Act independently bars EPA’s claims.

The lower court notes that although eBay’s motion to dismiss fails under TSCA, because the court agrees with eBay’s argument that Section 230 applies, it granted eBay’s motion to dismiss. Under the Biden Administration, EPA filed a notice of appeal in the U.S. Court of Appeals for the Second Circuit on November 26, 2024.

EPA Provides Technical Support For Companies Submitting New Chemical Data: On April 25, 2025, EPA announced the availability of new resources intended to help companies with the requirements described in EPA’s December 2024 final rule governing the review of new chemicals under TSCA. According to EPA, the new materials “provide companies with clear instructions on how to include required data elements in the current system used for new chemical submissions while the agency works to update that system.” EPA’s final rule clarifies the level of detail for the data elements that submitters are required to provide with new chemical notices whenever that information is known to or reasonably ascertainable by the submitter. EPA states that “[a]s noted in the preamble to the final rule, enhancements to the Central Data Exchange (CDX) for submitting the data elements were not finalized concurrently with the amendments.” Until then, submitters can provide the required information using the existing CDX workflow. The new information on EPA’s website describes how submitters can satisfy the amended data requirements pending updates to CDX. EPA states that once it completes the CDX updates, it intends to conduct stakeholder outreach before rolling the updates out “so that users know all data elements are included in CDX and that the use of this supplemental information” will no longer be necessary.

EPA Outlines Actions To Address PFAS: On April 28, 2025, EPA outlined upcoming Agency action to address PFAS. According to EPA’s announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” EPA states that these actions “are guided by the following principles: strengthening the science, fulfilling statutory obligations and enhancing communication, and building partnerships.” EPA plans additional actions and decisions across its program offices to help communities impacted by PFAS contamination. Our April 29, 2025, memorandum provides the actions outlined on April 28, 2025, as well as links to our memoranda and blogs for more information.

EPA Announces Release Of Final Insecticide Strategy: On April 29, 2025, EPA announced the release of its final Insecticide Strategy (Strategy). EPA states in the Strategy that it is “intended to create a consistent, reasonable, transparent, and understandable approach to assess potential impacts and identify mitigations to reduce potential population-level impacts to listed species from the use of agricultural insecticides.” Specifically, EPA states that the Strategy identifies mitigations aimed at protecting more than 900 species listed by the U.S. Fish and Wildlife Service (FWS) that EPA considers when it registers a new insecticide or reevaluates an existing one. According to EPA, the Strategy includes a three-step framework that EPA will use when reviewing pesticide applications or when a pesticide is undergoing registration review, including how to apply mitigations when needed. The Strategy and accompanying support documents, including a Response to Comments document and an updated Ecological Mitigation Support Document describing mitigations and supporting data that inform implementation of both the herbicide and insecticide strategies, are available at EPA-HQ-OPP-2024-0299. More information on the final Insecticide Strategy is available in our May 5, 2025, blog item.

EPA Seeks Public Comment On Candidates For Peer Reviewers For Several Phthalates: EPA announced on April 30, 2025, that it is requesting public comments on candidates who are interested and available to serve as ad hoc reviewers assisting its Science Advisory Committee on Chemicals (SACC) in the peer review of the Agency’s data, methods, models, and approaches for the draft TSCA risk evaluations of dibutyl phthalate (DBP), di(2-ethylhexyl) phthalate (DEHP), and dicyclohexyl phthalate (DCHP). According to EPA, “[t]his includes the cross-phthalate technical support documents for human health benchmark dose analysis, cancer analysis, and cumulative risk analysis.” EPA states that the final selection of the ad hoc peer reviewers will depend upon the scientific expertise needed to address the SACC peer review charge and “obtaining a breadth and balance of different scientific viewpoints.” The peer review will take place at a virtual public meeting in August 2025. Comments are due May 15, 2025.

EPA notes that it is also working on risk evaluations for two other phthalates, benzyl butyl phthalate (BBP) and diisobutyl phthalate (DIBP). EPA plans to use SACC’s recommendations from the review of DBP, DEHP, and DCHP to inform the risk evaluations of BBP and DIBP because the science approaches used in the BBP and DIBP risk evaluations are consistent with the approaches used in DBP, DEHP, and DCHP. As a result, EPA does not expect to need an additional peer review.

Court Grants EPA’s Request For Abeyance, Denies EPA’s Request For Voluntary Remand In Challenge To Risk Evaluation Rule: As reported in our March 31, 2025, blog item, on March 21, 2025, the U.S. Court of Appeals for the District of Columbia Circuit heard oral argument in a case challenging EPA’s May 3, 2024, final rule amending the procedural framework rule for conducting risk evaluations under TSCA. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) v. EPA, Consolidated Case No. 24-1151. On April 30, 2025, the court issued an order denying EPA’s motion for voluntary remand and granting EPA’s motion to hold the case in abeyance. In its order, the court states that “serious question arose regarding the propriety of the court retaining jurisdiction over this case and issuing any judgment on the present record.” The court notes that as matters now stand:

• EPA has advised the court that it does not intend to defend the 2024 rule. As reported in our March 14, 2025, memorandum, EPA intends to initiate further rulemaking to reexamine multiple aspects of the 2024 rule. During oral argument, EPA stated that it prefers the case be held in abeyance pending reconsideration.
• Industry Petitioners (Texas Chemistry Council, American Chemistry Council, American Fuel & Petrochemical Manufacturers, and American Petroleum Institute) and Olin Corporation (as intervenor) advised the court during oral argument that they do not seek a judgment on the merits and that the parties lack adversity with respect to the 2024 rule. They also prefer that the case be held in abeyance.
• Alaska Community Action on Toxics and Sierra Club, appearing as intervenors in support of EPA’s 2024 rule, asked the court to uphold the rule.
• The court states that it “ha[s] substantial doubts about whether Labor Petitioners — United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, International Association of Machinists and Aerospace Workers, AFL-CIO, and Worksafe, Inc. — have demonstrated Article III standing in accordance with our precedent and D.C. Circuit Rule 28(a)(7).”

The court granted EPA’s motion to hold the case in abeyance and directed the parties to file status reports by July 29, 2025, and at 90-day intervals thereafter. The court denied EPA’s motion for voluntary remand. Senior Circuit Judge Edwards dissented from the grant of abeyance, stating that the case “is ready for hearing and disposition by this court and any further delay is unjustified.” According to Edwards, “[i]t is quite extraordinary that nine years after the Lautenberg Amendments, questions remain as to the agency’s obligations under the statute, and no clear framework has emerged for how the agency is to assess for risk.”

Chemical Companies Petition EPA To Amend TSCA Section 8(a)(7) PFAS Reporting Rule: On May 2, 2025, a coalition of chemical companies petitioned EPA for an amendment of the TSCA Section 8(a)(7) rule requiring reporting for PFAS. Filed under TSCA Section 21 and the February 19, 2025, Executive Order on Ensuring Lawful Governance and Implement the President’s “Department of Government Efficiency” Deregulatory Initiative, the petition states that EPA’s October 2023 reporting rule should have included “the typical TSCA 8(a) reporting exemptions (e.g., by-products, impurities, articles, [research and development (R&D)] materials, and a production volume threshold)” that apply in other TSCA Section 8(a) reporting rules. The petitioners ask that EPA revise the reporting rule to exclude imported articles, R&D materials, impurities, byproducts, non-isolated intermediates, and PFAS manufactured in quantities of less than 2,500 pounds (lb.). Petitioners also request that EPA remove the requirement to submit “‘all existing information concerning the environmental and health effects’ of the chemical substance covered by” the reporting rule and instead allow “robust summaries, similar to the approach adopted by the European Chemicals Agency” (ECHA).

EAB Issues Consent Agreement And Final Order For TSCA Section 5 Violations: On May 5, 2025, the EPA Environmental Appeals Board (EAB) issued a consent agreement and final order between EPA and Cytonix, LLC (Cytonix). According to the consent agreement, in 2022, EPA inspectors discovered Cytonix’s potential noncompliance with requirements under TSCA Section 5 for a manufactured chemical substance consisting of short-chain polyfluorinated materials (Chemical A) that was developed as a replacement for a chemical substance containing long-chain (C8) perfluorinated alkyl groups. Cytonix neither admitted nor denied the specific factual allegations. Cytonix agreed to pay a civil penalty of $190,525 for the alleged violations. More information is available in our May 15, 2025, blog item.

EPA Postpones TSCA PFAS Reporting Period To April 2026: EPA published an interim final rule on May 13, 2025, that extends the dates of the reporting period for data submitted on the manufacture of PFAS under TSCA. 90 Fed. Reg. 20236. Under the interim final rule, the data submission period will begin April 13, 2026, and end October 13, 2026. Small manufacturers reporting exclusively as article importers will have until April 13, 2027, to report. According to EPA, the extension will allow it to develop and test further the software being used to collect data from manufacturers, “thereby providing critical feedback to EPA, including what additional guidance would be useful for the reporting community.” The interim final rule was effective May 13, 2025. Comments on the interim final rule are due June 12, 2025. EPA notes that while it “may reopen portions of the rule to comment regarding potential modifications,” comments regarding topics other than the commencement of the reporting period are outside the scope of this action. More information is available in our May 12, 2025, memorandum.

EPA Denies TSCA Section 21 Petition Concerning Prohibition Of Hydrogen Fluoride In Domestic Oil Manufacturing: As reported in our February 14, 2025, blog item, on February 11, 2025, community and environmental groups submitted a petition under TSCA Section 21 to EPA to prohibit the use of hydrogen fluoride in domestic oil refining “to eliminate the extreme and unreasonable risks this use presents to public health and the environment.” On May 12, 2025, EPA denied the petition, stating that the request to initiate a proceeding for a TSCA Section 6(a) rule is deficient. 90 Fed. Reg. 20575. EPA notes that the releases are described as “catastrophic, accidental, and worst-case scenarios, as well as circumstances involving extreme weather and natural disaster events.” EPA states that it has consistently maintained that “it is not appropriate for a risk evaluation in accordance with TSCA section 6(b) to consider catastrophic or accidental releases, extreme weather events, and natural disasters that do not lead to regular and predictable exposures.” According to EPA, the petition does not establish unreasonable risk under the conditions of use of using and distributing in commerce hydrogen fluoride for domestic refining, and, “[b]y extension, the petition’s claim that governmental authorities and industry programs cannot eliminate such unreasonable risk is moot.”

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

PHMSA Publishes Notice Of Temporary Enforcement Discretion For Real-Time Train Consist Information: The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a “Notice of Temporary Enforcement Discretion for Real-Time Train Consist Information” (Notice) on April 3, 2025. According to the Notice, PHMSA and the Federal Railroad Administration (FRA) have been notified that Class I railroads anticipate significant challenges in their efforts to comply with the requirements and timelines of the June 24, 2024, final rule requiring railroads that carry hazardous materials to generate, maintain, and provide, in electronic form, certain information regarding hazardous materials in rail transportation to first responders, emergency response officials, and law enforcement personnel to enhance emergency response and investigative efforts. The final rule requires compliance by June 24, 2025, for Class I railroads. The Notice states that the challenges described by Class I railroads “include employee training, IT system updates, and installation of physical infrastructure along certain areas of their rail network to facilitate electronic real-time train consist information updates.” In consideration of these issues, once a Class I railroad provides PHMSA notice that their individual railroad is using this enforcement discretion in its operations, “PHMSA and FRA will take no enforcement action against those particular Class I railroads related to the requirements adopted in the HM-263 final rule until June 24, 2026.” The Notice was effective April 3, 2025.

EPA Extends Comment Period On Draft Sewage Sludge Risk Assessment For PFOA And PFOS: On April 17, 2025, EPA extended the comment period on a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, also known as sewage sludge. 90 Fed. Reg. 16128. According to EPA, the draft risk assessment “reflects the agency’s latest scientific understanding of the potential risks to human health and the environment posed by the presence of PFOA and PFOS in sewage sludge that is land applied as a soil conditioner or fertilizer (on agricultural, forested, and other lands), surface disposed, or incinerated.” Once issued in final, the risk assessment “will provide information on risk from use or disposal of sewage sludge and will inform the EPA’s potential future regulatory actions under the Clean Water Act.” EPA is extending the comment period to allow additional time for interested parties “to thoroughly review and analyze this draft science document.” Comments previously submitted need not be resubmitted. Comments are now due August 14, 2025.

EPA Requests Nominations For CASAC: On May 1, 2025, EPA requested nominations of scientific experts to be considered for appointment to the Clean Air Scientific Advisory Committee (CASAC). 90 Fed. Reg. 18658. CASAC is a chartered Federal Advisory Committee, established pursuant to the CAA to review air quality criteria and National Ambient Air Quality Standards (NAAQS) and recommend to the EPA Administrator any new NAAQS and revisions of existing criteria and standards as may be appropriate. CASAC also advises the EPA Administrator of areas in which additional knowledge is required to appraise the adequacy and basis of existing, new, or revised NAAQS; describes the research efforts necessary to provide the required information; advises the EPA Administrator on the relative contribution to air pollution concentrations of natural as well as anthropogenic activity; and advises the EPA Administrator of any adverse public health, welfare, social, economic, or energy effects that may result from various strategies for attainment and maintenance of such NAAQS. Nominations are due June 2, 2025.

EPA Will Keep MCLs For PFOA And PFOS: EPA announced on May 14, 2025, that it will keep the current national primary drinking water regulations (NPDWR) for PFOA and PFOS. EPA intends to extend the compliance deadlines for PFOA and PFOS, establish a federal exemption framework, and initiate enhanced outreach to water systems, especially in rural and small communities, through EPA’s new PFAS OUTreach Initiative (PFAS OUT). EPA states that this action “would help address the most significant compliance challenges EPA has heard from public water systems, members of Congress, and other stakeholders, while supporting actions to protect the American people from certain PFAS in drinking water.” EPA intends to rescind the regulations and reconsider the regulatory determinations for perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and hexafluoropropylene oxide dimer acid (HFPO-DA or GenX), and the Hazard Index mixture of these three plus perfluorobutane sulfonic acid (PFBS) “to ensure that the determinations and any resulting drinking water regulation follow the legal process laid out in the Safe Drinking Water Act.” More information on the 2024 final rule is available in our May 9, 2024, memorandum.

FDA

FDA Provides PFAS Test Results In Bottled Water: On April 14, 2025, the U.S. Food and Drug Administration (FDA) posted its results for 2023 – 2024 testing of PFAS in domestic and foreign purified, artesian, spring, and mineral bottled water. FDA notes that it analyzed 197 samples for 18 types of PFAS in parts per trillion (ppt). The results indicate that ten samples contained detectable levels, but none exceeded the maximum contaminant levels in drinking water established by EPA.

FDA To Phase Out Petroleum-Based Synthetic Dyes In Foods: On April 22, 2025, FDA announced new measures for phasing out petroleum-based synthetic dyes from the nation’s food supply. FDA’s actions include:

• Establishing a national standard and timeline for the food industry to transition from petrochemical-based dyes to natural alternatives;
• Initiating the process to revoke authorization for Citrus Red No. 2 and Orange B within the coming months;
• Working with industry to eliminate FD&C Green No. 3, FD&C Red No. 40, FD&C Yellow No. 5, FD&C Yellow No. 6, FD&C Blue No. 1, and FD&C Blue No. 2 from the food supply by the end of next year;
• Authorizing four new natural color additives in the coming weeks, while also accelerating the review and approval of others;
• Partnering with the National Institutes of Health (NIH) to conduct comprehensive research on how food additives impact children’s health and development; and
• Requesting food companies to remove FD&C Red No. 3 sooner than the 2027-2028 deadline previously required.

FDA Commissioner Marty Makary, MD, MPH, stated ”Today, the FDA is asking food companies to substitute petrochemical dyes with natural ingredients for American children as they already do in Europe and Canada.”

FDA Announces Expanded Use Of Unannounced Inspections At Foreign Manufacturing Facilities: On May 6, 2025, FDA announced that it intends to expand use of inspections of foreign manufacturing facilities without giving prior notice. This change builds upon FDA’s Office of Inspection and Investigations Foreign Unannounced Inspection Pilot program in India and China and aims to ensure that foreign companies will receive the same level of regulatory oversight and scrutiny as domestic companies. According to the press release, FDA conducts approximately 12,000 domestic inspections and 3,000 foreign inspections each year in more than 90 countries, and foreign manufacturing sites “have often had weeks to prepare, undermining the integrity of the oversight process.”

FDA Announces Expansion Of Generative Artificial Intelligence Use: On May 8, 2025, FDA Commissioner Makary announced “an aggressive timeline to scale use of artificial intelligence (AI) internally across all FDA centers by June 30, 2025.” The announcement notes that the AI tools will “allow FDA scientists and subject-matter experts to spend less time on tedious, repetitive tasks that often slow down the review process.” FDA further stated that it “plans to expand generative AI capabilities—across all centers using a secure, unified platform. Future enhancements will focus on improving usability, expanding document integration, and tailoring outputs to center-specific needs, while maintaining strict information security and compliance with FDA policy.”

FDA Approves Three Food Colors: On May 9, 2025, FDA announced that it granted three new color additive petitions that will expand the palette of available colors from natural sources for manufacturers to safely use in food. FDA approved the three new color additives for Galdieria extract blue, butterfly pea flower extract (blue), and calcium phosphate (white). FDA indicates that this is part of its ongoing initiatives announced in April to remove petroleum-based food dyes and approve “safe, natural alternatives – to protect families and support healthier choices.”

NANOTECHNOLOGY

Registration Open Until May 16, 2025, For Joint Regulatory Risk Assessors Summit On Advancing Safety And Sustainability Assessment Of Advanced Materials: On June 19 to June 20, 2025, the EU Horizon Europe projects ACCORDs, iCare, MACRAMÉ, and nanoPASS are hosting a joint summit to address the needs of industry and regulators in assessing the safety and sustainability of advanced materials. The summit will feature discussions, latest method developments, and direct engagement with regulators, scientists, and industry professionals. Key sessions will focus on regulatory challenges, scientific developments, and pathways toward advancing test methods for regulatory testing. Registration will close May 16, 2025.

BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY

B&C^® Biobased And Sustainable Chemicals Blog: For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.

PUBLIC POLICY AND REGULATION

“Just do it” May Sell Shoes, But Can It Revolutionize Bureaucracy?: So catchy phrases (“You’re fired”), props (chainsaws), Executive Orders (take your pick), and even 900-page blueprints (Project 2025) may not be enough to impose fundamental change on “the system.” More benign is the realization that the workforce of two-plus million federal workers is hard to manage with only the 1,000 or so most senior appointees arriving with the new Administration.

Viable suggestions coming from the incumbent staff are impossible when the staff is afraid and confused by the swirl of e-mails from questionable authority. Surprise cuts to your program or the end of your career coming from press releases and reports of the latest Executive Order is not good for morale. The apparent rationale for the chainsaw metaphor is a “move fast and break things” approach. This is evocative of some strategies used in the Vietnam war, summarized as: “burn down the village to save it.”

Even if big moves and fundamental changes are the order of the day, the private sector and government functions are different in ways that matter. Failed mergers resulting in a drastic drop in stock prices are impactful in different ways than a drastic impairment of important government functions the public depends on — including clean water or safe food and social security checks delivered on time (and that do not bounce).

More respect for the staff and more understanding of the agency mission and how procedures or budgets evolved into today’s program (warts and all) would have served the reform taskmasters more effectively than the progress reported until now. More information is available in our April 23, 2025, blog item.

Recalibrating Regulation: EPA, Energy, And The Unfolding Consequences Of Deregulatory Momentum: EPA has long navigated the complex intersection of science, law, policy, and public trust. Under the Trump Administration, EPA faces renewed scrutiny. The Administration seeks regulatory rollbacks and is pursuing a broader deregulatory strategy that many believe risks sacrificing hard won environmental protections in the name of economic growth. While early promises to reduce bureaucratic red tape struck a chord with a number in industry, implementation has appeared blunt thus far, rather than measured. Deregulatory actions have sometimes resembled sweeping cuts “with a machete instead of a scalpel,” affecting the intended target of outdated or burdensome rules, but taking with it collateral damage, including critical administrative safeguards and scientific functions. Although EPA has avoided some of the steepest cuts levied on other federal agencies, many worry that this trajectory will fundamentally impair the Agency’s mission. For more thoughts on this deregulatory push, please read our April 24, 2025, blog item.

Navigating The Regulatory Crossroads: Chemical Policy In Trump’s First 100 Days: President Donald Trump’s initial 100 days in office during his second term have marked a significant shift in the United States’ approach to chemical regulation, emphasizing deregulation and industry facilitation over more traditional environmental and public health safeguards. President Trump’s actions, inactions, and policy choices during his first 100 days seem to have come at a cost, as polls show his approval rating has decreased to 39 percent, an 80-year low for a President’s first 100 days in office. This blog item expands on the following issues:

• Deregulatory Initiatives and Industry Impact;
• PFAS Regulation: A Plan for Regulatory Reversal?; and
• Environmental Justice and Community Health Concerns.

The first 100 days of President Trump’s tenure have ushered in a new era of chemical regulation, characterized by a strong emphasis on deregulation and a leaner federal infrastructure. While proponents argue this fosters economic growth and innovation, critics highlight the potential risks to environmental integrity, public health, and institutional knowledge. As the Administration continues to redefine regulatory frameworks, stakeholders must navigate this evolving landscape with vigilance and adaptability. For more insight on these issues, please read our May 4, 2025, blog.

Setting The Record Straight: New Chemical Review Needs Scientists: On May 2, 2025, EPA Administrator Lee Zeldin announced the “[n]ext phase of organizational improvements to better integrate science into agency offices.” As part of this reorganization effort, Zeldin introduced the creation of the Office of Applied Science and Environmental Solutions (OASES) within the Office of the Administrator. According to Zeldin, OASES will “align research and put science at the forefront of the agency’s rulemakings and technical assistance to states.” That same day, The New York Times published an article titled, “Out at the E.P.A.: Independent Scientists. In: Approving New Chemicals.” The piece suggests that EPA’s renewed focus on addressing the backlog of new chemical submissions under TSCA amounts to a policy of automatic approval, an oversimplification that mischaracterizes both TSCA statutory requirements and the Agency’s intended actions.

For EPA’s new chemical review program, what is needed is a long-overdue step toward regulatory equity. EPA needs either to reconsider its interpretation of TSCA Section 5 or Congress needs to act to clarify whether it views EPA’s interpretation as what is best. Consumers and manufacturers alike stand to benefit from a process that allows safer, innovative chemicals to compete on a level regulatory playing field with legacy substances that will not rise to a level that would justify EPA designating the substance as high priority for risk evaluation. More information is available in our May 8, 2025, blog.

LEGISLATIVE

Bipartisan Bill Would Reduce Federal Use Of Products Containing PFOA And PFOS: On April 30, 2025, Representatives Mike Lawler (R-NY), Haley Stevens (D-MI), Brian Fitzpatrick (R-PA), Chris Pappas (D-NH), and Pat Ryan (D-NY) introduced the PFAS-Free Procurement Act (H.R. 3110), a bill aimed at reducing harmful chemical exposure by prohibiting the procurement of products containing PFOS or PFOA. According to Lawler’s April 30, 2025, press release, the bill would prohibit federal agencies from renewing or entering into contracts for products containing PFOS or PFOA, including nonstick cookware, cooking utensils, furniture, carpets, and rugs treated with stain-resistant coatings. The legislation would take effect six months after enactment and would apply to all contracts entered into after that date.

Bipartisan Bill Would Remove PFAS From Firefighter Gear: On May 5, 2025, Representative Debbie Dingell (D-MI), co-chair of the PFAS Task Force, along with Representatives Sam Graves (R-MO), Suzanne Bonamici (D-OR), Tom Kean, Jr. (R-NJ), Dina Titus (D-NV), Brian Fitzpatrick (R-PA), Glenn Ivey (D-MD), and Glenn “GT” Thompson (R-PA), reintroduced the bipartisan Protecting Firefighters and Advancing State-of-the-Art Alternatives Act (PFAS Alternatives Act) (H.R. 3184) to support development of next-generation PFAS-free turnout gear for firefighters and better protect firefighters from the dangers of their work. According to Dingell’s May 5, 2025, press release, the bill would:

• Accelerate the development of PFAS-free turnout gear through research, development, and testing of PFAS-free turnout gear materials;
• Facilitate the development of safer turnout gear materials that reduce the dangers firefighters face, including enhanced protection against primary and secondary exposure to particulates and byproducts of combustion; reduced maintenance that includes contamination resistance and greater ease of cleaning; visible warning indicators to alert firefighters to hazardous exposures or the need for decontamination; and consideration of body composition in turnout gear design;
• Support guidance and training for firefighters on best practices for reducing harmful exposures through the proper wearing, cleaning, and caring for next-generation turnout gear; and
• Involve the firefighting industry in the development process by requiring grant applicants to use the leadership, experience, and knowledge of firefighters to ensure the next-generation turnout gear will be both effective and practical for the everyday demands of firefighting.

The bill would authorize $25 million annually for each of fiscal years 2025 through 2029 to support the development of new materials, and an additional $2 million annually to support guidance and training.

MISCELLANEOUS

Comments On Minnesota’s Proposed Rule For Reporting Products Containing Intentionally Added PFAS Are Due May 21, 2025: With the January 1, 2026, reporting deadline fast approaching for reporting on products containing intentionally added PFAS, on April 21, 2025, the Minnesota Pollution Control Agency (MPCA) published a proposed rule intended to clarify the reporting requirements, specify how and what to report, and establish fees. Written comments on the proposed rule are due May 21, 2025, at 4:30 p.m. (CDT). On May 22, 2025, at 2:00 p.m. (CDT), MPCA will hold a public hearing during which it will accept oral comments on the proposed rule. The hearing will end at 5:00 p.m. (CDT), but additional days of hearings may be scheduled if necessary. The procedural rulemaking documents available include:

• Proposed Permanent Rules Relating to PFAS in Products; Reporting and Fees (c-pfas-rule1-06);
• Statement of Need and Reasonableness for PFAS in products reporting and fees rulemaking (c-pfas-rule1-07) (SONAR); and
• Notice of intent to adopt rules with a hearing (c-pfas-rule1-05).

In addition to reviewing the proposed rule, stakeholders should read MPCA’s SONAR. There is much to absorb, and B&C highlights only some of the issues in its April 22, 2025, memorandum.

EPA Requests Nominations For SAB Candidates: On May 1, 2025, EPA requested nominations of scientific experts from a wide range of disciplines to be considered for appointment to the EPA Science Advisory Board (SAB). 90 Fed. Reg. 18657. SAB is a chartered Federal Advisory Committee, established in 1978 under the authority of the Environmental Research, Development and Demonstration Authorization Act (ERDDAA) to provide independent scientific and technical peer review, consultation, advice, and recommendations to the EPA Administrator on the scientific bases for EPA’s actions and programs. EPA states that members of the SAB constitute distinguished bodies of non-EPA scientists, engineers, economists, and behavioral scientists who are nationally and internationally recognized experts in their respective fields. Members are appointed by the EPA Administrator for a two or three-year term and serve as Special Government Employees who provide independent expert advice. Nominations are due June 2, 2025.

Maine Updates PFAS In Products Web Page, Includes Instructions For Submitting A CUU Proposal: The Maine Department of Environmental Protection (MDEP) updated its web page on PFAS in products on May 7, 2025. The updated page includes links to the April 2025 final rule on products containing PFAS, instructions for submitting a currently unavoidable use (CUU) proposal, and frequently asked questions (FAQ). The FAQs address several questions related to CUU determinations, including:

• Does my product sold in Maine qualify for a CUU determination?
• How and when do I submit a CUU proposal?
• What are the timelines for MDEP’s decision making on CUU proposals?
• How will MDEP communicate the results of a proposal for CUU determination?
• Will CUU determinations be public information?
• What will the status of the pending CUU proposals be while MDEP is actively reviewing them and has yet to reach a decision?

As reported in our April 11, 2025, blog item, CUU proposals are due June 1, 2025, for products containing intentionally added PFAS that are within a prohibited category beginning January 1, 2026. Those categories are cleaning products; cookware; cosmetics; dental floss; juvenile products; menstruation products; textile articles (with exception); ski wax; upholstered furniture; and products listed that do not contain intentionally added PFAS but that are sold, offered for sale, or distributed for sale in a fluorinated container or in a container that otherwise contains intentionally added PFAS.

Petitions Filed To Add Chemicals To List Of Chemical Substances Subject To Superfund Excise Tax: On May 13, 2025, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances:

• Bromobutyl isobutylene isoprene rubber (BIIR) (90 Fed. Reg. 20346): Petition filed by Exxon Mobil Corporation, an exporter of BIIR;
• Chlorobutyl isobutylene isoprene rubber (CIIR) (90 Fed. Reg. 20350): Petition filed by Exxon Mobil Corporation, an exporter of CIIR;
• Di-isobutylene (90 Fed. Reg. 20352): Petition filed by TPC Group, Inc., an exporter of di-isobutylene;
• Di-isodecyl phthalate (90 Fed. Reg. 20354): Petition filed by Exxon Mobil Corporation, an exporter of di-isodecyl phthalate;
• Di-tridecyl phthalate (90 Fed. Reg. 20352): Petition filed by Exxon Mobil Corporation, an exporter of di-tridecyl phthalate;
• Linear nonyl phthalate (90 Fed. Reg. 20348): Petition filed by Exxon Mobil Corporation, an exporter of linear nonyl phthalate;
• Linear undecyl phthalate (90 Fed. Reg. 20353): Petition filed by Exxon Mobil Corporation, an exporter of linear undecyl phthalate;
• Neo pentanoic acid (90 Fed. Reg. 20346): Petition filed by Exxon Mobil Corporation, an exporter of neo pentanoic acid; and
• Regular butyl rubber (90 Fed. Reg. 20347): Petition filed by Exxon Mobil Corporation, an exporter of regular butyl rubber.

Comments on the petitions are due July 14, 2025.

On May 14, 2025, IRS announced that petitions have been filed to add the following chemicals to the list of taxable substances:

• Di-isononyl phthalate(90 Fed. Reg. 20551): Petition filed by Exxon Mobil Corporation, an exporter of di-isononyl phthalate; and
• Linear nonyl undecyl phthalate (90 Fed. Reg. 20553): Petition filed by Exxon Mobil Corporation, an exporter of linear nonyl undecyl phthalate.

Comments on the petitions are due July 14, 2025.