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Dec 5, 2024 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
With the election of Donald Trump, the implementation of the Toxic Substances Control Act (TSCA) in 2025 will differ significantly from the pre-election expectations. Here are our projections on the likely developments in the coming year. TSCA and its obligations are not going away. The 2016 amendments imposed requirements on the U.S. Environmental Protection Agency (EPA) that only Congress can alter.
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Dec 5, 2024 | 
mondaq.com | Mark N. Duvall |Ryan J. Carra |Robert Denney |Elizabeth Morrow
With the election of Donald Trump, the implementation of the
Toxic Substances Control Act (TSCA) in 2025 will differ
significantly from the pre-election expectations. Here are our
projections on the likely developments in the coming year.
TSCA and its obligations are not going away. The 2016 amendments
imposed requirements on the U.S. Environmental Protection Agency
(EPA) that only Congress can alter. Further, EPA has adopted
regulations that implement those amendments.
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Nov 26, 2024 | 
mondaq.com | Ryan J. Carra |Mark N. Duvall |Robert Denney |Emily Schwartz
The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for
decabromodiphenyl ether (decaBDE) and phenol, isopropylated
phosphate (3:1) (PIP (3:1)) on November 19, 2024. As discussed in
our previous alert on the revisions as proposed
last year, EPA first regulated these two substances as persistent,
bioaccumulative, and toxic chemicals (PBTs) under the Toxic
Substances Control Act (TSCA) in January 2021.
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Nov 26, 2024 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
The U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 19, 2024. As discussed in our previous alert on the revisions as proposed last year, EPA first regulated these two substances as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) in January 2021.
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Sep 24, 2024 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
The U.S. Environmental Protecting Agency (EPA) is amending the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations to extend the September 30, 2024 submission deadline for 2024 reports to November 22, 2024. EPA explained that this extension is in response to technical issues with the 2024 CDR data submission tool, and the amendment is being released as a final rule that will be effective as of the date of publication.
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Sep 4, 2024 | 
lexology.com | Mark N. Duvall |Ryan J. Carra |K. Russell LaMotte |Robert Denney
The U.S. Environmental Protection Agency (EPA) is modifying the Toxic Substances Control Act (TSCA) regulation imposing reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (the Rule) to delay the reporting period by eight months. The Rule, as finalized last year, included a reporting window that would open on November 12, 2024, and close for most companies on May 8, 2025. EPA is now delaying the submission period by eight months.
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Mar 27, 2024 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
A small business that fluorinates plastic containers and fuel tanks secured a victory on March 21 under the Toxic Substances Control Act (TSCA). The U.S. Court of Appeals for the Fifth Circuit invalidated two unilateral orders the U.S. Environmental Protection Agency (EPA) had issued directing that company to stop fluorinating – and, in effect, to shut down and go bankrupt. The case is Inhance Technologies, L.L.C. v. USEPA, No. 23-60620.
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Jan 9, 2024 | 
jdsupra.com | Ryan J. Carra |Nessa Horewitch Coppinger |Robert Denney
Maine’s Department of Environmental Protection (DEP) is soliciting proposals for currently unavoidable use (CUU) designations under the state’s statute regulating the use of perfluoroalkyl and polyfluoroalkyl substances (PFAS) in products. Under the law, companies may not sell, offer for sale, or distribute for sale in Maine any product that contains intentionally added PFAS beginning January 1, 2030, unless the use of PFAS in the product has been designated a CUU.
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Dec 1, 2023 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
The U.S. Environmental Protection Agency (EPA) published proposed revisions to its regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) on November 24. EPA first regulated these two substances as persistent, bioaccumulative, and toxic chemicals (PBTs) under the Toxic Substances Control Act (TSCA) in January 2021.
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Oct 31, 2023 | 
jdsupra.com | Ryan J. Carra |Robert Denney |Mark N. Duvall
The U.S. Environmental Protection Agency (EPA) published proposed revisions of its procedural rule on risk evaluations under TSCA on October 30, 2023. The far-reaching changes are likely to affect all ongoing and future risk evaluations. Stakeholders likely to be affected by future TSCA risk management rules should comment by December 14, 2023.
