Tag: Toxic Substances Control Act

Appeals Court Rules EPA Went Too Far in PFAS Order

On March 21, 2024, a federal appeals court ruled the EPA overstepped its authority in ordering Inhance Technologies, LLC, to stop producing per- and polyfluoroalkyl substances (PFAS) during the fluorination of plastic containers. Background On December 1, 2023, the EPA issued orders to Inhance, a Houston-based plastics treatment company, directing it not to produce PFAS […]

EPA Publishes TSCA Draft Risk Evaluation for Formaldehyde

The EPA recently released the draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA) for public comment and peer review. Formaldehyde is a colorless, flammable gas at room temperature and has a strong odor. It’s also found nearly everywhere. People and animals produce and release formaldehyde, and it’s produced when organic materials […]

EPA Finalizes TSCA Fees Rule

The EPA recently announced it finalized amendments to the 2018 Toxic Substances Control Act (TSCA) Fees Rule that update how the Agency will recover authorized costs of the law’s implementation and ensure collected fees provide the Agency with 25% of authorized costs consistent with direction from Congress. The Agency expects these amendments to strengthen its […]

Proposed EPA Rule to Increase Protections for Two Toxic Chemicals

The EPA recently released a proposed rule to further protect people from exposure to two chemicals that are persistent, bioaccumulative, and toxic (PBT). Both chemicals—decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1))—are already subject to risk management rules under the Toxic Substances Control Act (TSCA). The proposed rule would impose workplace safety protections […]

Petition Asks D.C. Circuit Court to Review CBI Under TSCA Reporting

On November 9, 2023, the Environmental Defense Fund (EDF) filed a brief with the U.S. Court of Appeals for the District of Columbia against the EPA challenging federal regulations that will make it more difficult for the public to obtain information about chemicals the EPA reviews under the Toxic Substances Control Act (TSCA). The court […]

EPA Proposes TCE Ban

On October 23, 2023, the EPA announced a proposed rule to ban all uses of trichloroethylene (TCE), an extremely toxic chemical known to cause serious health risks, including cancer, neurotoxicity, and reproductive toxicity. TCE is used in cleaning and furniture care products, degreasers, brake cleaners, and tire repair sealants. According to the EPA, a variety […]

Final Asbestos Rule Requires Reporting on All Types of Asbestos

The new final rule requiring reporting on all six fiber types of asbestos went into effect August 24, 2023. Issued under Section 8(a) of the Toxic Substances Control Act (TSCA), the rule requires asbestos manufacturers (including importers) and processors to report certain use and exposure information from the past four years, including information on asbestos-containing […]

Proposed Ban on Methylene Chloride

On May 3, 2023, the EPA published a proposed rule in the Federal Register banning most uses of methylene chloride. The EPA’s authority for the proposed rule is provided under the Toxic Substances Control Act (TSCA), with methylene chloride being the second chemical to undergo risk management under the reformed process created by the 2016 […]

Building Managers Responsible for Lead-Based Paint Safety

Moving forward, property management companies (PMC) performing or offering to perform regulated renovations in housing built before 1978 or in child-occupied facilities will be required to obtain certification from the EPA and ensure that renovations in the homes they manage are performed by certified firms and employees trained to use lead-safe work practices. On January […]

EPA Seeks Comments for Guidance on CDR Exemption Petitions

Manufacturers and importers of chemical substances listed on the EPA’s Toxic Substances Control Act (TSCA) Inventory are advised the EPA has published notice seeking comments for guidance on some of the processes applicable to TSCA Chemical Data Reporting (CDR) regulations.  The comments sought apply specifically to “[p]etitions for full exemption of byproduct substances that are […]