Wrap-Up of Federal and State Chemical Regulatory Developments, October 2024

TSCA/FIFRA/TRI

White House OSTP Releases PFAS Federal R&D Strategic Plan:The White House Office of Science and Technology Policy (OSTP) announced on September 3, 2024, the release of its Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan (Strategic Plan). Prepared by the Joint Subcommittee on Environment, Innovation, and Public Health PFAS Strategy Team (PFAS ST) of the National Science and Technology Council, the Strategic Plan provides a federal strategy and implementation plan for addressing the strategic areas identified in the 2023 Per- and Polyfluoroalkyl Substances (PFAS) Report (PFAS Report). The Strategic Plan is intended to be a companion document to the PFAS Report. Bergeson & Campbell, P.C. (B&C^®) acknowledges that OSTP’s PFAS Strategy may benefit from the U.S. Environmental Protection Agency’s (EPA) regulatory activities under the Toxic Substances Control Act (TSCA) and other initiatives. For more information on the Strategic Plan, please read the full memorandum.

EPA Releases Draft Risk Evaluation For DINP For Public Comment:EPA announced on September 3, 2024, the release of the draft risk evaluation for diisononyl phthalate (DINP) under TSCA for public comment. 89 Fed. Reg. 71270. EPA states in its August 30, 2024, press release that it preliminarily determined that two industrial uses and one consumer use “significantly contribute to the unreasonable risk of DINP out of the 45 uses evaluated.” EPA preliminarily determined that DINP has the potential to cause developmental toxicity and harm the liver and that it could cause cancer at higher levels of exposure. EPA notes that it also preliminarily determined that DINP does not pose unreasonable risk of injury to the general population or pose unreasonable risk to the environment. EPA hosted a public webinar on September 26, 2024, to provide an overview of the risk evaluation and an opportunity for participants to share comments. Comments on the draft risk evaluation are due November 4, 2024. For more information, please read the full memorandum.

EPA Calls For Nominations Of Peer Reviewers For 1,3-Butadiene: On September 18, 2024, EPA called for nominations of scientific and technical experts that EPA can consider for service as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation for 1,3-butadiene conducted under TSCA. 89 Fed. Reg. 76467. According to EPA, it is focusing its charge to SACC “on methods and analyses that are novel and have not been reviewed in other venues.” EPA plans to convene a virtual public meeting of SACC in early 2025 to review the draft risk evaluation. Nominations are due October 18, 2024. More information is available in our September 18, 2024, blog item.

EPA Moves For Voluntary Remand, Seeks To Reconsider PMNs In Cherokee Concerned Citizens: On September 20, 2024, EPA filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens or review of an Order for a New Chemical Substance under Section 5 of TSCA. Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it wishes to withdraw the Order and reconsider the 18 premanufacture notices (PMN) covered by the Order. According to EPA, Cherokee Concerned Citizens does not oppose EPA’s request for remand but rather supports remand with vacatur. More information is available in our September 24, 2024, blog item.

EPA Publishes Report As Part Of Agency Strategy To Reduce Animal Testing: On September 24, 2024, EPA released a detailed review of major environmental statutes that summarizes which EPA laws or regulations require vertebrate animal testing. According to EPA, the report concludes that many statutes and regulations guiding EPA’s authority are broadly written and do not preclude the use of scientific information from New Approach Methods (NAM), which are defined as any technology, methodology, approach, or combination that can provide information on chemical hazard and risk assessment to avoid the use of animal testing. EPA notes that the report finds that different laws and regulations have different approaches to NAMs and vertebrate testing. EPA states that, for example, TSCA directs EPA to reduce and replace the use of vertebrate animals in the testing of chemical substances or mixtures to the extent practicable and scientifically justified, while vertebrate testing is mandated for certain toxicity and health effects evaluations in Title 40 of the C.F.R., which applies to pesticides.

Court Finds Typical Levels Of Drinking Water Fluoridation Present An Unreasonable Risk To Health, Directs EPA To Take Regulatory Action: After EPA denied a 2016 petition filed under TSCA Section 21 requesting that EPA consider whether fluoride in drinking water presents an unreasonable risk of injury to human health, a coalition of non-governmental organizations (NGO) promptly filed suit in the U.S. District Court for the Northern District of California. Food & Water Watch v. EPA (No. 3:17-cv-02162-EMC). After a bench trial in 2020, the court held the case in abeyance to wait for a final National Toxicology Program (NTP) Monograph that was issued in August 2024. On September 24, 2024, the court issued its decision, stating that the plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. The court found that “fluoridation of water at 0.7 milligrams per liter (‘mg/L’) — the level presently considered ‘optimal’ in the United States — poses an unreasonable risk of reduced IQ in children.” The court notes that its finding “does not conclude with certainty that fluoridated water is injurious to public health; rather, as required by the Amended TSCA, the Court finds there is an unreasonable risk of such injury, a risk sufficient to require the EPA to engage with a regulatory response.” The order does not dictate how EPA must respond, but states that “[o]ne thing the EPA cannot do, however, in the face of this Court’s finding, is to ignore that risk.”

EPA Publishes Final Risk Evaluation For TCEP, A Flame Retardant And Plasticizer:On September 26, 2024, EPA released the final risk evaluation for Tris(2-chloroethyl) phosphate (TCEP), a flame retardant and plasticizer. 89 Fed. Reg. 78868. EPA states that it determined that TCEP poses an unreasonable risk of injury to human health and the environment. According to EPA’s September 23, 2024, press release, TCEP “has the potential to cause kidney cancer, damage the nervous system and kidneys, and harm fertility.” EPA notes that this is the first risk evaluation issued in final for the 20 high-priority substances designated in 2019. EPA incorporated improvements into the risk evaluation process that were announced in June 2021 and in an April 2024 final rule. As part of these improvements, EPA assessed TCEP exposure to potentially exposed or susceptible subpopulations like workers, pregnant women, infants that breastfeed, children, people living in fenceline communities near facilities that emit TCEP, and people and Tribes whose diets include large amounts of fish. For more information, please read the full memorandum.

EPA Extends 2024 CDR Submission Deadline To November 22, 2024: On September 27, 2024, EPA extended the submission deadline for 2024 Chemical Data Reporting (CDR) reports from September 30, 2024, to November 22, 2024. 89 Fed. Reg. 79150. EPA states that it is extending the submission deadline “in response to concerns related to the 2024 CDR data submission tool, primarily associated with the ability of the reporting tool to correctly capture substantiations for chemical identity [confidential business information (CBI)] claims.” The extension applies only to the 2024 submission period. The final rule was effective September 27, 2024. More information is available in our September 23, 2024, blog item.

EPA Proposes SNURs For Certain Chemical Substances: On September 27, 2024, EPA proposed significant new use rules (SNUR) for chemical substances that were the subject of PMNs. 89 Fed. Reg. 79203. According to EPA, the chemical substances received “not likely to present an unreasonable risk” determinations pursuant to TSCA. The SNURs would require persons who intend to manufacture (including import) or process a particular chemical substance for an activity that is identified as a significant new use to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the conditions of use identified in the notification to EPA. EPA notes that in addition, the manufacture or processing for the significant new use may not commence until EPA has conducted a review of the required notification, made an appropriate determination regarding that notification, and taken such actions as required by that determination. Comments are due October 28, 2024.

EPA Extends Enforcement Statement For Regulation Of DecaBDE-Containing Wire And Cable Insulation In Nuclear Power Generation Facilities: On September 27, 2024, EPA’s Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the TSCA Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to pursue enforcement actions for violations of the prohibition on processing and distribution in commerce of decaBDE-containing wire and cable insulation for use in nuclear power generation facilities, provided the entities involved are diligently seeking to qualify their alternative products in accordance with Nuclear Regulatory Commission regulations and guidance and meet other conditions of this enforcement statement.” EPA states that “[a]dditionally, entities that either (i) use decaBDE-containing wire and cable insulation in components that do not need separate qualification in accordance with NRC regulations, or (ii) distribute decaBDE-containing wire to nuclear power generation facilities with those or other components should diligently be seeking to replace the decaBDE-containing wire and cable insulation with a qualified alternative wire when available.” As reported in our December 23, 2020, memorandum, decaBDE is one of the persistent, bioaccumulative, and toxic (PBT) chemicals that are the subject of TSCA risk management rules issued in 2021. EPA notes that it has submitted a final rule addressing the compliance deadline to the Office of Management and Budget (OMB) for interagency review, “which is scheduled to conclude on October 24, 2024. [The Office of Chemical Safety and Pollution Prevention (OCSPP)] anticipates that the final rule will be published in November 2024, with an effective date in January 2025.”

EPA Seeks Public Comment On Manufacture Of Certain PFAS During Fluorination Of HDPE And Other Plastic Containers:On September 30, 2024, EPA requested public comment on the manufacture of certain PFAS, including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under TSCA. 89 Fed. Reg. 79581. EPA notes that this request for comment follows its grant on July 10, 2024, of a TSCA Section 21 petition requesting that EPA establish regulations under TSCA Section 6 prohibiting the manufacturing, processing, use, distribution in commerce, and disposal of PFOA, PFNA, and PFDA formed during the fluorination of plastic containers. Comments are due November 29, 2024. For more information and our insightful Commentary, please read the full memorandum.

EPA Accepting Comment On Next Round Of Chemicals To Be Considered For Prioritization Under TSCA: EPA is accepting comment on the next round of chemicals that it may prioritize for risk evaluation under TSCA. EPA announced the list of 27 chemicals during webinars on September 30 and October 1, 2024. According to the slides from the webinar, the candidate chemicals are:

A recording and a transcript of the September 30, 2024, webinar are available in the docket. Comments are due October 31, 2024. In December 2024, EPA intends to begin the process to prioritize the next five chemicals for risk evaluation under TSCA.

EPA Issues Annual Progress Report On Pesticide Reregistration Performance Measures And Goals:On October 3, 2024, EPA published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for pesticide reregistration during fiscal years (FY) 2020, 2021, and 2022. 89 Fed. Reg. 80558. Section 4(l) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. The Report discusses the completion of tolerance reassessment and describes the status of various regulatory activities associated with reregistration. The Report also provides the total number of products reregistered and products registered under the “fast-track” provisions of FIFRA. The Report is available at EPA-HQ-OPP-2014-0125. Comments can be submitted on or before December 2, 2024. More information is available in our October 15, 2024, blog item.

EPA Proposes To Add 16 PFAS And 15 PFAS Categories To The TRI List Of Chemicals: EPA proposed on October 8, 2024, to add 16 individual PFAS and 15 PFAS categories representing more than 100 individual PFAS to the Toxics Release Inventory (TRI) list of toxic chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). 89 Fed. Reg. 81776. The proposed rule also addresses how PFAS categories should be treated. Separately, the proposed rule discusses what events may trigger the automatic addition of a PFAS to the TRI pursuant to the NDAA. EPA notes that this discussion does not propose to list chemicals to TRI pursuant to the NDAA, but rather describes what EPA documents and activities involving PFAS would trigger an automatic addition under the NDAA. Comments are due December 9, 2024. According to EPA, comments on the information collection provisions submitted to OMB under the Paperwork Reduction Act (PRA) are best assured of consideration by OMB if OMB receives a copy of the comments by November 7, 2024.

EPA Issues Fifth Test Order For A PFAS: On October 9, 2024, EPA announced that it has issued its fifth TSCA test order requiring testing on a PFAS under its National PFAS Testing Strategy. The order requires Innovative Chemical Technologies, The Chemours Company, Daikin America, Inc., Sumitomo Corporation of Americas, and E.I. Du Pont de Nemours and Company to conduct and submit testing on 3,3,4,4,5,5,6,6,7,7,8,8,8-tridecafluorooctyl prop-2-enoate, also known as 6:2 fluorotelomer acrylate (6:2 FTAc). According to EPA, 6:2 FTAc is used to manufacture plastics, resins, textiles, apparel, leather, and other chemicals. EPA states that “[b]etween one million and 20 million pounds are produced per year.” The companies subject to the test order may either conduct the tests as described in the order, including testing of physical-chemical properties and health effects following exposure, or provide EPA with existing information they believe EPA did not identify in its search, but that satisfies the order requirements. More information on the test order will be available in a forthcoming memorandum.

EPA Announces Release Of Interim Guidance For The Evaluation Of Products For Claims Against Viruses:On October 10, 2024, EPA announced the release of interim guidance to expand the availability of virucidal claims for antimicrobial pesticides. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products that meet the criteria for a bacterial disinfectant and/or sanitizer (e.g., household antimicrobial wipes and sprays) consistent with current test guidelines. EPA states that it intends to grant the addition of virucidal claims associated with sanitizer claims for a time-limited period of a maximum of ten years. Prior to the ten-year expiration, EPA will assess implementation, review the record and may terminate the interim policy, make suggestions for changes to the policy, as necessary, or decide to make the policy permanent. More information is available in our October 15, 2024, blog item.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

PHMSA Will Hold Hazardous Materials Transportation Seminar October 30-November 1, 2024: The Pipeline and Hazardous Materials Safety Administration (PHMSA) Office of Hazardous Materials Safety (OHMS) will hold a free Hazardous Materials Transportation Seminar from October 30, 2024, through November 1, 2024, in Indianapolis, Indiana. 89 Fed. Reg. 80305. According to PHMSA, the seminar will be a three-day event with a broad focus on outreach and engagement with PHMSA’s stakeholders. Targeted stakeholders include shippers, transporters, and small business, particularly in underserved communities, and emergency responders.

EPA Publishes Final Recommended Aquatic Life Criteria And Benchmarks For Select PFAS: On October 7, 2024, EPA announced the availability of national “Final Recommended Freshwater Aquatic Life Ambient Water Quality Criteria and Acute Saltwater Aquatic Life Benchmarks for Perfluorooctanoic Acid (PFOA)” and “Final Recommended Freshwater Aquatic Life Ambient Water Quality Criteria and Acute Saltwater Aquatic Life Benchmarks for Perfluorooctane Sulfonate (PFOS),” pursuant to the Clean Water Act (CWA). 89 Fed. Reg. 81077. EPA also announced the availability of Acute Freshwater Aquatic Life Benchmarks for eight data-limited PFAS: perfluorobutanoic acid (PFBA), perfluorohexanoic acid (PFHxA), PFNA, PFDA, perfluorobutanesulfonic acid (PFBS), perfluorohexanesulfonic acid (PFHxS), 2H-perfluoro-2-decenoic acid (8:2 FTUCA), and 2H,2H,3H,3H-pefluorodecanoic acid (7:3 FTCA). EPA states that these final CWA recommended criteria and benchmarks provide information that states and Tribes may consider when adopting water quality standards. According to EPA, consistent with CWA Sections 304(a)(1) and (a)(2), it expects to update these recommended criteria and benchmark values “from time to time as new information becomes available.”

EPA Publishes Final Rule Regarding Management Of Certain HFCs And Substitutes Under American Innovation And Manufacturing Act Of 2020: EPA published a final rule on October 11, 2024, that establishes an emissions reduction and reclamation program for the management of hydrofluorocarbons (HFC) that includes requirements for leak repair and installation and use of automatic leak detection systems for certain equipment using refrigerants containing HFCs and certain substitutes; the servicing and/or repair of certain refrigerant-containing equipment to be done with reclaimed HFCs; the initial installation and servicing and/or repair of fire suppression equipment to be done with recycled HFCs, technician training, and recycling of HFCs prior to the disposal of fire suppression equipment containing HFCs; removal of HFCs from disposable cylinders before discarding them; and certain recordkeeping, reporting, and labeling requirements. 89 Fed. Reg. 82682. EPA notes that in addition, it is establishing alternative Resource Conservation and Recovery Act (RCRA) standards for certain ignitable spent refrigerants being recycled for reuse. The rule is effective December 10, 2024.

Lithium Battery Air Safety Advisory Committee Will Hold Meeting November 7, 2024: PHMSA announced on October 15, 2024, that the Lithium Battery Air Safety Advisory Committee will meet on November 7, 2024. 89 Fed. Reg. 83086. The agenda will address the following duties of the Committee:

• Facilitate communication among manufacturers of lithium batteries and products containing lithium batteries, air carriers, and the federal government;

• Discuss the effectiveness and the economic and social impacts of lithium battery transportation regulations;

• Provide the Secretary of Transportation with information regarding new technologies and transportation safety practices;

• Provide a forum to discuss Departmental activities related to lithium battery transportation safety;

• Advise and recommend activities to improve the global enforcement of U.S. regulations and the International Civil Aviation Organization (ICAO) Technical Instructions relevant to air transportation of lithium batteries, and the effectiveness of those regulations;

• Provide a forum for feedback on potential positions to be taken by the United States at international forums;

• Guide activities to increase awareness of relevant requirements; and

• Review methods to decrease the risk posed by undeclared hazardous materials.

Requests to attend the meeting must be sent by October 23, 2024. Persons requesting to speak during the meeting must submit a written copy of their remarks by October 23, 2024. Requests to submit written materials to be reviewed during the meeting must be received no later than October 23, 2024.

FDA

FDA Continues Efforts To Develop Unified Human Foods Program: On October 1, 2024, the U.S. Food and Drug Administration (FDA) announced the implementation of its massive agency reorganization to transform and ensure the agency is “…more efficient, nimble and ready for the future. . . .” This announcement includes the official start of the unified Human Foods Program that will be responsible for the oversight of all activities related to food safety and nutrition under the leadership of Deputy Commissioner, Jim Jones. This is the most substantive reorganization within FDA in recent history, and FDA notes that the changes are expected to allow more effective preventive measures under the Food Safety Modernization Act (FSMA), elevate nutrition to reduce diet-related diseases, and strengthen partnerships and embrace technological innovation. The reorganization also restructures field operations to focus on inspections, investigations, and imports.

FDA Releases Materials For Post-Market Assessment Meeting: On October 11, 2024, FDA posted a recording, transcript, and meeting summary for the public meeting on the “Development of an Enhanced Systematic Process for FDA’s Post-Market Assessment of Chemicals in Food,” which was held on September 25, 2024. Key themes and concepts discussed during the meeting included:

• The importance of an effective, consistent, transparent, systematic, and science-based post-market food chemical reassessment program that considers all relevant information about the potential risks of chemicals;

• The steps in the process, such as prioritization and assessment, and the order of the steps in the process, as well as the scope of chemicals to include in the process, such as those intentionally added, indirect additives, and/or environmental contaminants;

• The importance of FDA conducting timely assessments and taking timely actions to protect public health;

• The FDA building capacity and expanding FDA’s authority for both pre- and post-market programs, including enhancing a program to monitor ingredients considered generally recognized as safe (GRAS); and

• FDA integrating an advisory committee(s) review into the agency’s post-market assessment process and the use of peer review to help inform the agency’s risk assessments.

NANOTECHNOLOGY

Final NIOSH Science Post In Series Celebrating NTRC Focuses On Measuring Nanomaterials: On September 25, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “Celebrating 20 Years of the Nanotechnology Research Center: Measuring the Small Things,” the final installment of the blog series commemorating the 20th anniversary of the Nanotechnology Research Center (NTRC). According to the item, when NTRC was created in 2004, one of its biggest challenges was understanding exactly what to measure and how to measure it. Today, NTRC conducts research and develops recommendations on appropriate ways to make measurements of nanomaterials in workplaces, contributes to the qualification and proper use of reference materials, and contributes to development of consensus standards. More information is available in our September 27, 2024, blog item.

EFSA Publishes Reports Under NAMs4NANO Project: The European Union (EU) Observatory for Nanomaterials (EUON) announced on September 26, 2024, that the European Food Safety Authority (EFSA) has published the following reports under its NAMs4NANO Project:

Canada’s Proposed Plan Of Priorities Includes Several Nanoscale Materials; Comments Are Due December 4, 2024: On October 5, 2024, the Minister of the Environment announced in the Canada Gazette publication of a proposed plan of priorities for the assessment of chemical substances. Under the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health are required to “develop, consult on and publish a plan with timelines” by June 2025. The proposed list of prioritized substances for assessment and the rationales for priorities include:

• Specific Substances:
  • Nanoscale silver: According to the work plan, Canada will begin assessment activities in fall 2024.
  • Nanoscale zinc oxide: According to the work plan, Canada will begin assessment activities on nanoscale zinc oxide in summer 2026.
• Certain Substances within the Following Groups:
  • Nanoscale forms of nickel oxide: According to the work plan, Canada will begin assessment activities on substances within the group as early as fall 2024 while it will begin assessment activities on others in summer 2026.
  • Nanoscale forms of titanium dioxide: According to the work plan, Canada will begin assessment activities on substances within the group in summer 2026.

Comments are due December 4, 2024. More information is available in our October 8, 2024, blog item.

BIOBASED/RENEWABLE PRODUCTS/SUSTAINABILITY

B&C^® Biobased And Sustainable Chemicals Blog: For access to a summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to https://www.lawbc.com/brand/bioblog/.

LEGISLATIVE

Bipartisan Bill Would Reduce Plastic Pollution: On September 19, 2024, Don Davis (D-NC) and Larry Bucshon, M.D. (R-IN) introduced the Accelerating a Circular Economy for Plastics and Recycling Innovation Act (H.R. 9676). According to Davis’s September 19, 2024, press release, the bipartisan legislation “seeks to tackle plastic pollution and improve the sustainability of plastic packaging materials.” The press release states that the bill would:

• Create a single national plastic recycling standard to help increase recycling rates;

• Spur recycled plastic materials by setting a minimum recycled content standard for plastic packaging;

• Study the impact of greenhouse gas emissions from product materials to inform policymakers better; and

• Create a legal framework for new recycling technologies to support innovation and continued investment.

Safe School Metals Act Would “Eliminate Toxics” From School Lunches: On September 28, 2024, Senator Cory Booker (D-NJ) introduced the Safe School Meals Act (S. 5084), “legislation to protect children from harmful toxics in school meals.” Booker’s September 18, 2024, press release states that the bill would:

• Direct FDA to set safe limits for heavy metals in school meals. The limits would be based on a threshold of reasonable certainty of no harm to school-age children from aggregate exposure. If FDA fails to set limits within two years, the limits will automatically be set to non-detectable until it can determine a safe level of exposure;

• Ban glyphosate, paraquat, and organophosphate pesticide residues in school meals. Certified organic farms would automatically meet this requirement;

• Ban PFAS, phthalates, lead, and bisphenols in food packaging in school meals; and

• Direct FDA to reevaluate food additives with known carcinogenic, reproductive, or developmental health harms, such as artificial food dyes, and ban their use in school meals prior to the completion of FDA’s analysis.

With Less Than One Month Until Election Day, A Growing List Of Policy Issues Needs Attention During The Lame Duck Session: The list of pending issues that Congress could consider during the lame duck session in 2024 continues to grow. The list includes “must pass” items, including appropriations to fund the government through the remainder of FY 2025 and the NDAA. The most important issue facing Congress in September was funding the government before the end of the FY on September 30, 2024. After one failed attempt on September 18 to pass a Continuing Resolution (CR) (i.e., short-term funding extension based on current FY spending levels) in the House of Representatives, Congress, on September 25, 2024, passed H.R. 9747, the Continuing Appropriations and Extensions Act, 2025. On September 26, President Biden signed Public Law 118-83, which averted a government shutdown weeks before an election and extended several important programs and authorities, including the National Flood Insurance Program, the Department of Homeland Security National Cybersecurity Protection System, and several Department of Agriculture programs and authorities. More information is available in our October 10, 2024, blog item.

Bipartisan Bill Would Ban PFAS In Food Containers: On September 27, 2024, Representatives Debbie Dingell (D-MI) and Brian Fitzpatrick (R-PA) reintroduced the bipartisan Keep Food Containers Safe from PFAS Act (H.R. 9864), which would prohibit intentionally added PFAS in food packaging. According to Dingell’s September 27, 2024, press release, PFAS “are frequently used to greaseproof, waterproof, and give nonstick properties to food containers, cookware, and consumer products.” The press release notes that “[s]everal states have already passed laws banning PFAS in food packaging.”

MISCELLANEOUS

Minnesota Posts Q&As From July 2024 Webinars On PFAS In Products Law; Leaders Mark 100 Days Until Law Takes Effect: The Minnesota Pollution Control Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s PFAS in products law (Amara’s Law), which takes effect in stages between 2025 and 2032. MPCA has posted its presentations, recordings of the webinars, and written responses to questions received during the webinars. The questions and answers (Q&A) note that the written responses “are advisory as of September 12, 2024,” and that MPCA’s final rules and final interpretation of the law may differ.

• Progress on PFAS rule development, July 18, 2024: MPCA provided information on rulemaking topics, including fees, reporting requirements, and currently unavoidable use (CUU) determinations; and

• Information on 2025 PFAS prohibitions for retailers and manufacturers, July 25, 2024: MPCA discussed how the 2025 PFAS in products prohibitions will affect retailers and manufacturers starting January 1, 2025, when 11 categories of consumer products must be free of intentionally added PFAS. The product categories are carpets and rugs; cleaning products; cookware; cosmetics; dental floss; fabric treatments; children’s products (designed for infants and children under age 12, except electronics); menstruation products; textile furnishings; ski wax; and upholstered furniture.

On September 23, 2024, MPCA marked 100 days until the January 1, 2025, prohibition takes effect and posted a video featuring representatives from three Minnesota-based companies “discuss[ing] the value they have found in making products without PFAS.”

OECD Publishes Synthesis Report On Understanding Perfluoropolyethers And Their Life Cycle: On September 12, 2024, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Synthesis report on understanding Perfluoropolyethers (PFPEs) and their life cycle. OECD states that the report presents a synthesis of publicly available information on PFPEs with the aim of elucidating the identities of PFPEs on the global market and analyzing their life cycle. More information is available in our September 17, 2024, blog item.

EPA Announces New Outdoor Use Safer Choice Label: On September 18, 2024, EPA announced the launch of an Outdoor Use Safer Choice label. According to EPA, this new label expands on its existing Safer Choice label and will identify outdoor use products — such as pet care products, fire defense products, and car, boat, or grill cleaners — that meet additional EPA criteria to help protect the environment. EPA expects the Outdoor Use Safer Choice label to be on products as early as 2025. Products that are Safer Choice-certified for outdoor use can be found now by using the Safer Choice product search page by selecting the “Products with outdoor uses” box.

California Sues ExxonMobil, Claiming It Deceives The Public On Recyclability Of Plastic Products: On September 22, 2024, the State of California Department of Justice announced that it filed a lawsuit in the San Francisco County Superior Court against ExxonMobil “for allegedly engaging in a decades-long campaign of deception that caused and exacerbated the global plastics pollution crisis.” California “seeks to compel ExxonMobil, which promotes and produces the largest amount of polymers — essentially the building blocks used to make single-use plastic — that become plastic waste in California, to end its deceptive practices that threaten the environment and the public.” California also seeks to secure an abatement fund, disgorgement, and civil penalties for the harm inflicted by plastics pollution upon California’s communities and the environment. More information is available in our September 26, 2024, blog item.

Senate Committee Hearing On Public Impacts Of PFAS Exposures Postponed: As reported in our September 24, 2024, blog item, the Senate Committee on Environment and Public Works (EPW) was scheduled to hold a hearing on September 26 titled “Examining the Public Health Impacts of PFAS Exposures.” The hearing was postponed on September 25, 2024, when the Senate adjourned until November after enactment of the CR (H.R. 9747) to fund the government through December 20, 2024. The hearing may be rescheduled for the lame duck session that will begin the week of November 11, 2024, or it may be postponed indefinitely.

EPA Adds 27 Chemicals To Safer Chemical Ingredients List: On September 30, 2024, EPA announced that it is updating the Safer Chemical Ingredients List (SCIL) “to enhance transparency in safer chemistry, help consumers and organizations find safer chemical alternatives, and increase innovation and growth of safer products.” According to EPA, with this update, there are 957 chemicals on the SCIL. The updates include:

• Adding 27 chemicals to the SCIL;

• Moving fragrances from the SCIL; and

• Updating SCIL listings.

EPA notes that no Safer Choice-certified products are impacted by these updates. More information is available in our October 1, 2024, blog item.

Ya-Wei (Jake) Li, Deputy Assistant Administrator For Pesticide Programs, To Leave EPA And Take Position With FWS:On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at EPA, announced that he will be leaving EPA to take a position with the U.S. Department of Interior’s (DOI) Fish and Wildlife Service (FWS) as the Assistant Director for Ecological Services. This program is responsible for how the agency conserves endangered species and many other wildlife. More information is available in our October 3, 2024, blog item.

OSHA Corrects Inadvertent Errors In HCS: On October 9, 2024, the Occupational Safety and Health Administration (OSHA) published a final rule that corrects several inadvertent errors in its May 20, 2024, final rule amending the Hazard Communication Standard (HCS). 89 Fed. Reg. 81829. OSHA states that it has identified several errors in the regulatory text and appendices to the HCS that pertain to the classification of hazardous chemicals and information presented on labels and Safety Data Sheets (SDS). OSHA “believes these errors, although minor and primarily typographical in nature, should be addressed expeditiously to avoid confusion or unnecessary costs in the regulated community due to incorporation of errors on labels and SDSs.” OSHA notes that it is continuing its review of the regulatory text and “will issue another correction document to address additional minor errors at a later date.”

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