Industry Groups Tell Third Circuit That EPA’s TCE Exemption Is Unworkable
Companies granted an exemption from EPA’s ban on trichloroethylene (TCE) are asking the Third Circuit to vacate key conditions of that exemption, arguing that the requirements are so stringent they defeat the exemption’s purpose under the Toxic Substances Control Act (TSCA). The brief, filed May 13, 2026, is one piece of consolidated litigation in which […]
EPA Cannot Use Low Exposure to Justify DecaBDE Inaction, Ninth Circuit Rules
The Ninth Circuit has ruled that EPA’s decisions not to regulate certain decabromodiphenyl ether (decaBDE) exposures under the Toxic Substances Control Act (TSCA) were not supported by substantial evidence, ordering the agency to regulate or better justify its inaction in four areas: recyclable articles, disposal, wastewater, and sewage sludge. The May 13, 2026, ruling leaves […]
Trump Administration Proposes Overhaul of Biden-Era TSCA Risk Evaluation Framework
On September 23, 2025, EPA published a proposed rule that would roll back key provisions of the agency’s May 2024 risk evaluation framework rule, which sets out the procedures EPA uses to assess the risks of existing chemicals under the Toxic Substances Control Act (TSCA). According to EPA, the proposal is intended to “effectuate the […]
EPA Requests Comment on Reconsideration of PCE Rule
On July 30, 2025, EPA published a request for comment as it reconsiders its regulation of perchloroethylene (PCE) under the Toxic Substances Control Act (TSCA). The request marks the first step toward potentially amending the rule issued in December 2024, which prohibited or phased out most uses of the solvent. EPA is particularly interested in […]
EPA Finalizes TSCA Risk Evaluation for Solvent 1,1-Dichloroethane
EPA has determined that 1,1-dichloroethane presents an unreasonable risk of injury to human health in its final Toxic Substances Control Act (TSCA) risk evaluation for the chlorinated solvent, released June 20, 2025. The agency identified worker risks from three specific conditions of use (COUs): processing for recycling, and processing as a reactant as an intermediate in […]
DOD Requests Information on Chemicals Undergoing TSCA Risk Evaluation
Last month, the Defense Department (DOD) issued a request for information (RFI) seeking input on critical military uses of 11 chemicals currently undergoing Toxic Substances Control Act (TSCA) risk evaluation. The “ability to identify critical applications earlier in the TSCA Section 6 risk evaluation process will allow [DOD] to investigate the availability of alternatives, inform […]
Fifth Circuit Questions EPA’s Methylene Chloride Rule in Landmark TSCA Case
On June 3, 2025, the Fifth Circuit heard oral argument in a case consolidating industry and Sierra Club challenges to EPA’s regulation of methylene chloride under the Toxic Substances Control Act (TSCA). The panel generally appeared to doubt EPA’s justification for banning certain uses of the solvent and imposing stringent workplace restrictions. The background for […]
Phthalates DBP and DEHP Present an Unreasonable Risk, EPA Drafts Say
EPA has preliminarily determined that dibutyl phthalate (DBP) and diethylhexyl phthalate (DEHP) present an unreasonable risk to human health and the environment in separate draft risk evaluations released on June 5, 2025, under the Toxic Substances Control Act (TSCA). Both chemicals are primarily used as plasticizers for polyvinyl chloride (PVC), according to EPA. Chemical Data […]
Scientists Critique EPA’s Draft Evaluation of Phthalate DCHP
A collection of scientists, academics, and clinicians have called for “extensive revisions” to EPA’s draft risk evaluation for dicyclohexyl phthalate (DCHP), arguing that the assessment “failed to incorporate the best available science and makes a number of scientifically unsupported assumptions.” The May 9 comments were submitted by the Program on Reproductive Health and the Environment […]
EPA Announces Intent to Reconsider Risk Evaluation Framework Rule
The Trump EPA announced in a March 10, 2025 press release that it will reconsider the Biden-era risk evaluation framework rule governing assessments of existing chemicals under the Toxic Substances Control Act (TSCA). As discussed in a previous blog post, the risk evaluation framework rule replaced regulations promulgated by the first Trump administration. The Biden-era […]