Announcement: Recent Regulatory Agendas Show Numerous Delayed Awaited Agency Actions on PFAS and TSCA Chemicals
Time 3 Minute Read
Categories: Chemicals, PFAS

In January 2023, federal agencies released their “Fall 2022” Regulatory Agendas that provide roadmaps for upcoming and long-term regulatory actions on chemicals that could have significant implications for the regulated community. These agendas make clear that the Biden Administration continues to prioritize regulatory actions to address per- and polyfluoroalkyl substances (PFAS) across multiple agencies. And the US Environmental Protection Agency (EPA) also continues to implement numerous regulatory initiatives to assess and mitigate chemical risks under the strengthened Toxic Substances Control Act (TSCA).

Hunton’s chemical regulatory team has provided analyses of these upcoming regulatory actions:

PFAS
EPA and the US Department of Defense (DoD) have planned a number of upcoming and novel regulations covering PFAS in the areas of procurement, drinking water, chemical reporting and recordkeeping, and site clean-up. Among these regulatory items are:

  • DoD’s proposal to prohibit the Department from procuring the following items that contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA): nonstick cookware or cooking utensils for use in galleys or dining facilities and upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.
  • EPA’s forthcoming proposed national primary drinking water regulation (NPDWR) for PFOA and PFOS.
  • EPA’s novel proposed rule designating PFOA and PFOS as CERCLA hazardous substances.
  • EPA’s proposed listing of PFOA, PFOS, PFBS, and GenX as RCRA hazardous constituents.
  • EPA’s proposal to add certain PFAS to the Toxics Release Inventory and add PFAS to the list of chemicals of special concern under EPCRA.
  • EPA’s proposed rule to require reporting and recordkeeping of PFAS under TSCA.

TSCA
EPA’s Office of Pollution Prevention and Toxics (OPPT) has released a robust agenda covering procedures for approvals of new chemicals, existing chemical evaluations and regulations, chemical data reporting, confidential business information, and fees under TSCA. EPA’s agenda reflects an effort by the agency to gather significantly more information from regulated entities about new and existing chemicals, improve transparency, clarify its procedures for new and existing chemical evaluations, require more from companies who seek to protect confidential information, and substantially increase fees for companies regulated under TSCA.

While the action items on the regulatory agendas have not changed significantly since their spring 2022 agendas were released (see Hunton Andrews Kurth LLP’s report on spring regulatory agendas), almost all planned release dates for regulatory proposals and final rules have been delayed—some by years. Particularly in the TSCA program, these delays are a reflection of EPA’s purported dire lack of funding and resources to carry out its responsibilities under the reformed law.

Please contact our team for more information.

Tags: EPA, PFAS, TSCA
  • Director of Regulatory Science

    Nancy provides industry leaders with advice related to the impact of environmental policy, including chemical regulations and compliance programs, applying her in-depth knowledge and applied public health experience as a PhD ...

  • Partner

    Matt advises and defends clients across industries with the strategic insights as former General Counsel for the US Environmental Protection Agency, former General Counsel for the Florida Department of Environmental Protection ...

  • Senior Attorney

    Paul counsels clients on the impact of environmental law and policy, applying his in-depth knowledge as a PhD chemist to legal issues. Paul is an environmental law practitioner with more than 15 years of experience providing clients ...

  • Senior Attorney

    Javaneh draws on her experience as in-house counsel and in private practice to assist clients with chemical and environmental regulatory and compliance matters. As part of the firm’s environmental practice, Javaneh advises ...

  • Partner

    As a former US Environmental Protection Agency (EPA) senior attorney, Greg uses his agency experience to resolve difficult environmental matters. He brings over 20 years of practice in environmental law and has particular ...

Search

Subscribe Arrow

Recent Posts

Categories

Tags

Authors

Archives

Jump to Page