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 Enforcement Roundup Q1 2024

In the first quarter (Q1), the EPA finalized 235 settlement agreements with companies small and large across the United States. This represents a slight increase in enforcement actions—up from 206 penalties—issued in Q4 for 2023. The actions taken resulted in $8,002,246 in fines. Here are some of the highlights. RCRA violations yield biggest fine from […]

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 […]

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 […]

TSCA and TRI Complexities with the Increased Focus on PFAS

The EPA recently announced its framework for addressing new per- and poly-fluoroalkyl substances (PFAS) and new uses of PFAS and published its final rule adding nine new PFAS to the Toxics Release Inventory (TRI). These actions advance the goals of the Agency’s PFAS Strategic Framework. New framework to prevent unsafe new PFAS from entering the […]

EPA’s Final Rule Updates TSCA CBI Requirements

On June 1, 2023, the EPA issued a final rule to update confidential business information (CBI) requirements under the Toxic Substances Control Act (TSCA) that increases transparency, modernizes the reporting and review procedures for CBI, and aligns with the 2016 amendments to TSCA. “The final rule allows EPA to release non-confidential information more quickly, demonstrating […]

PFAS Expanded Reporting Requirements and Bans in 2023

Industry will need to stay on its toes to remain in compliance with the shifting and complex reporting requirement for perfluoroalkyl and polyfluoroalkyl substances (PFAS) in the regulatory pipeline for 2023, 2024, and beyond. And some states, such as Maine, are bringing rules into effect to ban these chemicals. These requirements are negatively impacting consumer […]

Hefty TSCA Fee Hikes Proposed

The EPA in November released a notice to modify and supplement its proposed revisions to the Fees for the Administration of the Toxic Substances Control Act (TSCA) Rule. The proposed fee increases are substantial. The TSCA Fees Rule was first promulgated in 2018. The 2016 Frank R. Lautenberg Chemical Safety for the 21stCentury Act directs […]

EPA Amends SNURs

On July 5, 2022, the EPA issued amendments to its Significant New Use Rules (SNURs) under the Toxic Substances Control Act (TSCA). The amendments become effective September 2, 2022. Impacted industries include chemical manufacturers, producers of petroleum and coal products, and wholesale merchants of nondurable goods. The summary of the rule states the amendments were […]