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Last month, the Maine legislature introduced broad and sweeping restrictions on a range of products containing per- and polyfluoroalkyl substances (“PFAS”).  These restrictions are some of the most comprehensive in the country, and, in effect, would ban PFAS in almost…
Continue Reading Maine Makes a Bold Move in Banning Most PFAS-Containing Products

Earlier this week, on July 18, 2022, U.S. EPA issued a final rule that subjects five new per- and polyfluoroalkyl substances (“PFAS”) to the Toxics Release Inventory (“TRI”) reporting requirements under Section 313 of the Emergency Planning and Community Right-to-Know…
Continue Reading EPA Expands List of PFAS Subject to Toxic Release Inventory Reporting

EPA released this past Friday the agency’s draft strategy for examining health and environmental risks in communities that reside near facilities that emit chemicals undergoing TSCA review.  The “fenceline communities screening strategy” is an initial and explicit injection of “environmental…
Continue Reading EPA “Fenceline Communities Screening Strategy” Aims to Advance Environmental Justice Agenda

As the U.S. EPA embarks on a full review of regulations addressing the sale, distribution and use of five “persistent, bioaccumulative and toxic” (PBT) substances, the agency already is proposing to extend until 2024 the compliance date with the existing…
Continue Reading EPA Proposes Extension Until 2024 for Compliance with Problematic PBT Rule

(Virtually – once again) Live from San Francisco, Kelley Green Law Blog is reporting today from the Prop 65 Clearinghouse 2021 Conference … the largest annual gathering of stakeholders from the full spectrum of actors involved with California’s “Proposition 65,”…
Continue Reading The Prop 65 Annual Conference: Notes from the Front 2021

The U.S. Environmental Protection Agency (EPA) is adding three per-/poly-fluoroalkyl substances (PFAS) to the list of substances reportable under the agency’s Toxic Release Inventory (TRI) reporting program.  Consistent with a recently leaked document highlighting priorities of the Office of Pollution …
Continue Reading EPA Expands List of PFAS Subject to TRI Reporting

The new 2021-2023 strategic plan of the U.S. EPA’s Office of Pollution Prevention and Toxics (OPPT) floats a series of potential expanded reporting requirements under the agency’s Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) and Environmental Protection and…
Continue Reading EPA Considering Expanded TSCA CDR and TRI Reporting Requirements, Environmental Justice Analyses

Facing a massive uproar from industry groups and companies, late yesterday EPA put a hold on enforcement of a newly effective prohibition on one “PBT” chemical and announced a new comment period to re-examine the rules issued on January 6,…
Continue Reading EPA Grants Temporary Reprieve to TSCA PBT Chemical Prohibition, Re-Opens Comment Period

Citing difficulties experienced by numerous submitters using EPA’s online reporting portal, the agency has extended the TSCA Chemical Data Reporting (CDR) deadline for two months.

The CDR rule requires manufacturers (including importers) of chemical substances listed on the TSCA Chemical…
Continue Reading EPA Extends TSCA Chemical Data Reporting Deadline to January 29

The many U.S. companies that combust natural gas as part of their operations received good news today, as EPA announced that it will amend the Toxic Substances Control Act (TSCA) “Fees Rule” to exclude from coverage manufacturers that only produce…
Continue Reading EPA Announces Remedy to Overly Broad TSCA Fee Requirements, Including Relief for Natural Gas Combustion Operations