INSIDE TSCA

EPA’s Path In East Fork Suit Could Affect Its TSCA Framework Rule Rewrite

EPA’s still uncertain approach to pending litigation over the Biden-era TSCA rule on methylene chloride is likely to affect its plans to quickly craft a new version of a “framework” rule implementing TSCA risk evaluation procedures while litigation on the framework rule is on hold. The two cases -- the framework rule consolidated before the D.C. Circuit and the methylene chloride rule consolidated before the 5th Circuit -- are intertwined as they raise overlapping questions about interpretations of the Toxic...

9th Circuit Extends Deadline For EPA’s Opening Brief In Fluoride Appeal

The 9th Circuit has granted EPA’s request to extend by 30 days the deadline for the agency’s opening brief in a Biden-era appeal of a federal judge’s novel decision ordering EPA to regulate drinking water fluoridation under TSCA, giving officials more time as they grapple with whether to appeal the landmark ruling. The U.S. Court of Appeals for the 9th Circuit in a May 7 text only order says EPA’s April 29 motion “for an extension of time to file...

Industry Worries TSCA Reform Push May Not Address Existing Chemicals

Congress’ early focus on revising TSCA’s approach to pre-market reviews of new chemicals as a key component of potential changes to the 2016 law is prompting some industry sources to worry that a narrow window for addressing other issues in the statute could close without touching its current language on existing chemicals, a key priority. “On the House’s side they haven’t really gotten very far; they have a lot of other priorities. TSCA is on the backburner,” an industry source...

Court Ruling Clears Path For Trump EPA TSCA Framework Rule Rewrite

The D.C. Circuit’s decision last week to pause consolidated litigation over the Biden-era rule laying out procedures for evaluating existing chemicals under TSCA clears the path for the Trump EPA to move forward with its plan to propose a new version of the framework rule next month and finalize it in 2026. The U.S. Court of Appeals for the District of Columbia Circuit April 30 ordered United Steelworkers et al. v. EPA “be held in abeyance pending further order...

California Senate Committee Advances Katie Butler’s DTSC Appointment

The California Senate Rules Committee has unanimously advanced acting state toxics department chief Katie Butler’s appointment to officially head the agency that oversees the state’s green chemistry program as well as hazardous waste management and contaminated site cleanups. The committee voted April 30 following Butler’s confirmation hearing, and the full Senate is expected soon to give its approval to Gov. Gavin Newsom’s (D) appointment of Butler to be director of the Department of Toxic Substances Control (DTSC). During her confirmation...

EPA Chemicals Chief Details OCSPP Reorganization To Speed TSCA Reviews

The Trump EPA plans to expand its chemicals office “by at least 130 people,” the office’s top political appointee told staff during a May 2 all-hands meeting, where they are expected to work on speeding TSCA and other reviews, though the additional personnel are being moved from EPA’s gutted research office, a move that is drawing criticism. Nancy Beck, the principal deputy assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), told staff the administration’s plans for...

DTSC Proposes 12 Acids & Bases For Green Chemistry Program Review

California’s toxics department is proposing to add 12 acids and bases used in personal care and cleaning products to its “candidate chemicals” list for potential regulation under its Safer Consumer Products (SCP) green chemistry program, drawing early interest from industry representatives. In an April 23 email notice, the Department of Toxic Substances Control (DTSC) announces it has scheduled a May 15 “virtual workshop” on its proposal to add the following acids and bases to the candidate chemical list: potassium hydroxide,...

Judge Orders Permanent Injunction On Prop. 65 Acrylamide Warnings

A federal district court judge has ordered a permanent injunction on California’s Proposition 65 cancer warnings for the food chemical acrylamide, siding with the California Chamber of Commerce (CalChamber) in its long-running free speech suit by finding the warnings are unconstitutional. The ruling is another victory for industry and business groups that have challenged Prop. 65 warnings for other chemicals claiming First Amendment violations, including glyphosate and titanium dioxide . “The Court finds that the Prop 65 warnings for dietary...

EPA Delays, Limits Phthalates Draft TSCA Evaluations’ Peer Review

The Trump EPA is pushing back until August pending peer review of multiple TSCA phthalate evaluation analyses, while also confirming that review will cover fewer types of phthalates than the Biden administration had targeted for review, as the agency works to meet court-ordered deadlines to finalize the evaluations. EPA announced April 30 that it is seeking public comments on a slate of candidate peer reviewers for “a virtual public meeting [to be held] in August 2025. EPA will announce the...

EPA OIG Says Several CDX Cybersecurity Issues Remain Unresolved

EPA’s Office of Inspector General (OIG) says several recommendations intended to strengthen cybersecurity controls on the agency’s Central Data Exchange (CDX) system -- which is key to TSCA and other agency programs -- remain unresolved although the agency has taken steps to address some of the issues. “The security of the CDX system is integral to the EPA accepting electronic environmental data for the Agency’s air, water, hazardous waste, and toxics release inventory programs. Without adequate security controls, the CDX...

In Surprise, D.C. Circuit Pauses TSCA Framework Suit After Argument

In a surprise move, a divided D.C. Circuit panel has paused consolidated litigation over the Biden-era framework rule laying out procedures for evaluating existing chemicals under TSCA weeks after oral arguments, but the majority did not back the agency’s request to remand the rule for review, appearing to leave the landmark rule in effect for now. In an order issued late April 30 , the U.S. Court of Appeals for the District of Columbia Circuit ordered United Steelworkers et al....

EPA, Industry Seek Pause In TSCA ‘Health And Safety’ Data Reporting Suit

EPA and industry groups are asking the D.C. Circuit to pause litigation over a TSCA “health and safety” data reporting rule for 90 days, saying recently initiated settlement discussions could resolve some or all of the matters at issue in the case, thereby conserving both judicial and party resources. “Good cause exists to grant this request, as EPA could ultimately take action that moots or significantly narrows the issues that Petitioners have raised in this litigation after the conclusion of...

Environmentalists Urge EPA To Deny Texas Refiner’s PMNs For ‘Carcinogens’

Environmentalists are calling on EPA to deny approval of 17 new chemical applications from the Texas refining giant Motiva Enterprises, arguing the chemicals are carcinogens and present unreasonable risk that EPA must prevent under TSCA to a susceptible fenceline community. Community In-Power and Development Association and the environmentalist law group Earthjustice outline in March 26 comments several shortcomings in the company’s premanufacture notices (PMNs), including that they heavily redact information under confidential business information (CBI) claims that the groups say...

Trump Administration Grapples With Whether To Continue Fluoride Appeal

As top officials oppose fluoridation of drinking water, the Trump administration is grappling with whether to continue a Biden-era appeal of a federal judge’s novel decision ordering EPA to regulate drinking water fluoridation under TSCA, a case that has broad potential significance for the agency’s toxics and drinking water programs. The Justice Department (DOJ) in an April 29 motion asks the U.S. Court of Appeals for the 9th Circuit to extend for another 30 days, to June 11, the deadline...

Biden EPA Toxics Chief Joins Holland & Knight As Senior Policy Advisor

Michal Freedhoff, who headed EPA’s Office of Chemical Safety and Pollution Prevention during the Biden administration, has joined the law firm Holland & Knight as a senior policy advisor in the firm’s Public Policy and Regulation Group. The firm touted her experience at EPA as well as more than two decades as a congressional staff member in an April 29 press release announcing her joining the firm, noting that her “unique perspective, background and experience builds on the chemical expertise...

Former Research Chiefs Tout TSCA’s Science Needs In Push To Save ORD

A half-dozen former EPA research chiefs are reminding Senate appropriators that Congress in its 2016 reform of TSCA directed EPA to use the “best available science” in its TSCA decision-making, emphasizing the need for continued support of the Office of Research and Development (ORD) amid possible plans to eliminate the office. “Recognizing that science is essential to support EPA’s mission, numerous statutes require EPA to use the best available science,” says the April 22 letter sent to the Appropriations Committee’s...

As Deadline Looms, Utilities Hope EPA Continues TSCA Fluoride Appeal

As EPA faces a looming litigation deadline, some large drinking water utilities are hoping officials continue the Biden-era appeal of a landmark ruling directing the agency to regulate drinking water fluoridation under TSCA, fearing the decision could set a precedent that could lead to more complicated drinking water regulation. A source with the Association of Metropolitan Water Agencies (AMWA), which represents large municipally owned drinking water utilities, says the group largely supports the Biden-era decision to appeal the landmark lower...

EPA TSCA Program Issues Interim Guidance For New Chemical Applications

EPA’s TSCA program is providing interim guidance to new chemical applicants on how to submit certain information required under a December new chemicals procedural rule in their applications for pre-market approval of the new chemicals, while industry awaits improvements to EPA’s notoriously balky confidential electronic data system. The agency announced late April 25 that it released “new resources” to help companies comply with new requirements in the Biden-era revised procedural rule for conducting Toxic Substances Control Act (TSCA) section 5...

Consultants Tout Effort To Validate Dermal Exposure Test Method For TSCA

Industry consultants are touting the recent publication of an effort to strengthen testing methods to develop dermal exposure data to chemicals after EPA in 2021 issued TSCA test orders seeking such novel information -- needed for the TSCA program’s occupational risk analyses -- with formally unvalidated methods. The Journal of Occupational and Environmental Hygiene last month published “Dermal wipe sampling method development and validation for semivolatile and nonvolatile flame-retardant compounds TBBPA and TPP for use in occupational exposure assessments,”...

EPA Moves To Dismiss Landmark eBay Case Testing Section 230 Immunity

The Trump EPA is moving to drop a Biden-era appeal of a ruling that found eBay immune from liability over sales of products banned under federal toxics, air and pesticide laws, a move that will leave in place a landmark decision that found a controversial telecommunications law provides a defense against EPA enforcement for online retailers. “Pursuant to Federal Rule of Appellate Procedure 42(b)(2), Plaintiff-Appellant United States of America moves for voluntary dismissal of its appeal,” the Justice Department (DOJ)...

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