Category: TSCA

March 25, 2026

EPA Proposes to Extend Compliance Dates for PCE and CTC TSCA Risk Management Rules

The U.S. Environmental Protection Agency (EPA) announced on March 24, 2026, that it will propose to extend certain compliance dates in the December 2024 final risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under the Toxic Substances Control Act (TSCA). According to EPA, it continues to revise the final rules “to ensure they are practical and implementable to protect human health and the environment and maintain uses that power the U.S. economy.” Until EPA...
March 16, 2026

“TSCA CBI Re-substantiation: When, Why, and How to Prepare,” April 9, 2026, 11:00 a.m. – 12:00 p.m. (EDT), via webinar

The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) is pleased to present "TSCA CBI Re-substantiation: When, Why, and How to Prepare." The Toxic Substances Control Act (TSCA) provides critical protections for commercially sensitive information related to a company’s business, processes, and chemicals. The 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments included a ten-year cap on many confidential business information (CBI) claims, absent a...
March 9, 2026

HCPA’s 2026 Mid-year meeting, May 12-14, 2026, Washington, D.C.

HCPA’s Mid-Year Meeting focuses on the public policy issues that impact the household and commercial products industry. Attendees will engage with a dynamic network of CEOs, executive decision-makers, and thought leaders who have knowledge, solutions, and influence across the entire supply chain. Richard E. Engler, Ph.D. and Ryan N. Schmit will present “TSCA Roundup – Latest from EPA, Congress, and the Courts.” B&C is a proud sponsor....
March 9, 2026

TSCA Reform – 10 Years Later, June 10, 2026, Washington, D.C., and via livestream

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform — 10 Years Later” on June 10, 2026. Leading panelists will reflect on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments ten years ago and will discuss where the Toxic Substances Control Act stands today. ...
March 6, 2026

Senate Committee Examines Draft TSCA Legislation, Focusing on New Chemical Review

The Senate Committee on Environment and Public Works (EPW) held a hearing on a discussion draft of S.__, the Toxic Substances Control Act Fee Reauthorization and Improvement Act of 2026 (Discussion Draft) on March 4, 2026. The Committee’s one pager on the Discussion Draft notes that since the Toxic Substances Control Act (TSCA) was enacted 50 years ago, the U.S. Environmental Protection Agency’s (EPA) “approval process for new chemicals has not been substantively improved. The current...
January 27, 2026

House Subcommittee Holds Hearing on Legislation to Modernize TSCA

The House Committee on Energy and Commerce held a hearing on January 22, 2026, on “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing focused on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft). As reported in our January 17, 2026, memorandum, the Discussion Draft would impose sweeping changes to many of...
January 17, 2026

House Releases Discussion Draft of Legislation to Modernize TSCA

On January 15, 2026, the House Energy and Commerce Subcommittee on Environment announced it will hold a legislative hearing on January 22, 2026, entitled “Chemicals in Commerce: Legislative Proposal to Modernize America’s Chemical Safety Law, Strengthen Critical Supply Chains, and Grow Domestic Manufacturing.” The hearing will focus on a draft bill titled Discussion Draft of Legislation to Modernize the Toxic Substances Control Act (Discussion Draft).  While...
January 14, 2026

Christine M. Palermo, Ph.D., DABT Joins Bergeson & Campbell, P.C. and The Acta Group

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Christine M. Palermo, Ph.D., DABT has joined our firms as Director of Regulatory Sciences. Dr. Palermo provides Acta clients with global strategy in chemical regulatory compliance, risk assessment, and product stewardship, assisting clients to commercialize new products and expand markets for existing product portfolios. Dr. Palermo deploys the extensive domestic and international experience she...
January 7, 2026

EPA Publishes Final Risk Evaluation for 1,3-Butadiene, Intends to Regulate 11 COUs to Protect Workers

The U.S. Environmental Protection Agency (EPA) announced on January 5, 2026, the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for 1,3-butadiene. 91 Fed. Reg. 264. EPA states in its December 31, 2025, press release that it found “potential unreasonable health risks for workers who breathe in this chemical at their jobs in 11 specific industrial settings.” As required by TSCA, EPA will now develop a risk management rule to protect workers from the...
January 6, 2026

2026 Forecast for U.S. Federal and International Chemical Regulatory Policy

Download a PDF of the Forecast 2026. Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our Forecast 2026. Our distinguished global team of chemical experts worked hard to summarize our collective best guess on what to expect in the New Year regarding global industrial, agricultural, and biocidal chemical regulatory and policy...
January 5, 2026

What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2026, January 27, 2026, 11:00 a.m. – 12:00 p.m. (EST), via webinar

Register now to join The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2026,” a complimentary webinar offering our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2026. Each year, we devote an hour to addressing the key domestic chemical legal, legislative, and policy developments we describe in our Forecast...
December 12, 2025

Lynn L. Bergeson, Hallelujah, EPA Proposes to Narrow Scope of TSCA Section 8(a)(7) PFAS Reporting Rule, Chemical Processing, December 10, 2025.

On Nov. 13, 2025, the U.S. Environmental Protection Agency (EPA) proposed revisions (90 Fed. Reg. 50923) to the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This column summarizes the proposal and the reasons for it....
December 8, 2025

EPA Begins Public Comment Period on Updated Draft Risk Calculation Memorandum for Formaldehyde

On December 3, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Updated Draft Risk Calculation Memorandum (Draft Memorandum) to inform a revised draft risk evaluation for formaldehyde under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 55726. EPA states that after further consideration of comments raised during the scientific peer review process, it is reconsidering the use of certain hazard values in the formaldehyde...
November 25, 2025

EPA Publishes Default Values Used in New Chemical Risk Assessments under TSCA

On November 24, 2025, the U.S. Environmental Protection Agency (EPA) released the key default values that it uses in its risk assessments of new chemicals under the Toxic Substances Control Act (TSCA). EPA is making the assumptions available on its website in the New Chemicals Division Reference Library. EPA states that it expects the publication of the default values “to improve efficiency, reducing the likelihood that submissions need to be reworked or resubmitted.” According to EPA,...
November 20, 2025

EPA Preliminarily Determines that 1,2-Dichloroethane Poses Unreasonable Risk to Human Health and the Environment

On November 19, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested comment on a draft risk evaluation under the Toxic Substances Control Act (TSCA) for 1,2-dichloroethane (Chemical Abstracts Service Registry Number® (CAS RN®) 107-06-2, also known as ethylene dichloride or EDC). 90 Fed. Reg. 52054. EPA notes that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health...
November 13, 2025

EPA Proposes to Narrow Scope of TSCA Section 8(a)(7) PFAS Reporting Rule; Exemptions Would Include De Minimis Amounts, Imported Articles

On November 13, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to amend the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). 90 Fed. Reg. 50923. As reported in our October 3, 2023, memorandum, the final rule requires manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 through 2022 to report information...
November 3, 2025

HCPA 2025 Annual Meeting, December 7-10, 2025, Fort Lauderdale, FL

HCPA’s Annual Meeting engages on the public policy issues that impact the household and commercial products industry. Thought leaders will discuss legislative and regulatory issues, information related to product registrations, sustainability, and industry trends. Richard E. Engler, Ph.D. will present “TSCA Regulatory Update” during the Regulatory Affairs Council Program on December 9, 2025....
October 31, 2025

Senate Subcommittee Examines Beneficial Use and Regulation of Chemicals

On October 23, 2025, the Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight held a hearing on “Examining the Beneficial Use and Regulation of Chemicals.” The Subcommittee heard from the following witnesses: Peter Huntsman, President and Chief Executive Officer (CEO), Huntsman Corporation (written testimony); Dr. Gwen Gross, Senior Technical Fellow, The Boeing Company (written testimony); and Dr. Tracey...
October 14, 2025

Lynn L. Bergeson, “Defining Risk: EPA Seeks Major TSCA Chemical Evaluation Reforms,” Chemical Processing, October 13, 2025.

On Sept. 23, 2025, the U.S. Environmental Protection Agency (EPA) proposed highly anticipated amendments to the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). When conducting a TSCA existing chemical risk evaluation, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or non-risk factors under the conditions of use (COU). As...
September 26, 2025

ABA Section of Environment, Energy, and Resources 33rd Fall Conference, October 22-24, 2025, Arlington, VA

ABA’s Section of Environment, Energy, and Resources 33rd Fall Conference will feature two full days of programming, where experienced leaders will share their insights and practical guidance on navigating the shifting tides in environmental, energy, and resources law and policy on the state, federal, and international levels. Lynn L. Bergeson will join the “Transactional Toolkit: How to Uncover Environmental Risks Through Due Diligence, Cover Them Through Insurance, and Talk About It at...
September 26, 2025

Phthalate Risk Evaluation under TSCA and the Potential Impacts to the Plastics Industry, October 30, 2025, 11:00 a.m. – 12:00 p.m. (EDT), via webinar

Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) are pleased to present “Phthalate Risk Evaluation under TSCA and the Potential Impacts to the Plastics Industry,” a complimentary webinar that explores the background and current status of the U.S. Environmental Protection Agency’s (EPA) precedent-setting review of seven phthalates under Toxic Substances Control Act (TSCA) Section 6. By integrating its cumulative risk...
September 24, 2025

EPA Proposes to Amend TSCA Risk Evaluation Framework

On September 23, 2025, the U.S. Environmental Protection Agency (EPA) proposed highly anticipated amendments to the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 45690. When conducting an existing chemical risk evaluation under TSCA, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or nonrisk factors, including...
July 16, 2025

Lynn L. Bergeson, “Leveraging Chemical Data More Efficiently,” PCB007 Magazine, July 2025.

Some truths transcend politics, one being that chemical data holds enduring value and is becoming increasingly essential. In the United States, regardless of which party federally controls the levers of power, it’s clear that chemical manufacturers and their customers must develop and curate robust data portfolios for their chemical inventories. The commercial imperatives driving this are undeniable and gaining traction....
July 8, 2025

TSCA Reform — Nine Years Later: B&C, ELI, and GWU Conclude Another Amazing Conference 

On June 25, 2025, Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University (GWU) Milken Institute School of Public Health presented “TSCA Reform -- Nine Years Later.” This virtual conference marked the ninth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and...
June 25, 2025

Environmental Regulation in Practice 2025: New Challenges and Controversies, September 3, 2025, via webinar

The Practising Law Institute presents Environmental Regulation in Practice 2025, analyzing evolving regimes around environmental disclosures and sustainability reporting, the regulatory and economic impacts of Trump’s Energy Dominance Agenda, and the latest developments in PFAS litigation and regulation, among other critical developments. Lynn L. Bergeson, President, Acta, will present. ...
June 25, 2025

TSCA Fundamentals, October 21-22, 2025, via webinar

Chemical Watch presents TSCA Fundamentals, a two day course taught by Richard E. Engler, Ph.D., providing in-depth training on the very latest TSCA regulatory and policy developments, their impact and how to anticipate their requirements, comply with the law and remain commercially competitive....
May 12, 2025

EPA Postpones TSCA PFAS Reporting Period to April 2026

The U.S. Environmental Protection Agency announced on May 12, 2025, an interim final rule that would extend the dates of the reporting period for data submitted on the manufacture of perfluoroalkyl or polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). Under the interim final rule, the data submission period would begin April 13, 2026, and end October 13, 2026. Small manufacturers reporting exclusively as article importers would have...
April 29, 2025

EPA Outlines Actions to Address PFAS

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming Agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” EPA states that these actions...
April 29, 2025

TSCA Reform – Nine Years Later, June 25, 2025, via livestream

For complimentary registration, visit the ELI registration page:https://www.eli.org/events/tsca-reform-nine-years-later Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform -- Nine Years Later” on June 25, 2025. This complimentary virtual conference marks the ninth Toxic Substances Control Act (TSCA) Annual Conference. As with our previous TSCA...
April 29, 2025

PFAS Updates: What’s Happening in the U.S. and EU, May 13, 2025, 11:00 a.m. – 12:00 p.m. (EDT), via webinar

Register now to join The Acta Group (Acta®) and EPPA for “PFAS Updates: What’s Happening in the U.S. and EU,” a complimentary webinar offering expert updates on per- and polyfluoroalkyl substances (PFAS) regulatory developments. These substances are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. While the U.S. Administration is new, PFAS regulation continues at a rapid pace and U.S. state initiatives are evolving...
March 21, 2025

EPA Releases New TSCA and FIFRA Enforcement Policies

On January 17, 2025, days before the end of President Biden’s term, the U.S. Environmental Protection Agency (EPA) released two new enforcement documents: (1) Expedited Settlement Agreement (ESA) Pilot Program Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (FIFRA Settlement Pilot Program or Pilot Program); and (2) Interim Consolidated Enforcement Response and Penalty Policy (Interim CERPP) for the Toxic Substances Control Act (TSCA) New and Existing Chemicals Program....
March 14, 2025

EPA Will Review 2024 Rule Amending the TSCA Risk Evaluation Framework Rule

On March 10, 2025, the U.S. Environmental Protection Agency (EPA) announced its intent to reconsider the May 3, 2024, rule amending the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA) (2024 Risk Evaluation Framework Rule). According to EPA, it will initiate a rulemaking “that will ensure the agency can efficiently and effectively protect human health and the environment and follow the law.” As reported in our February 7, 2025, blog...
March 14, 2025

Lynn L. Bergeson, Kelly N. Garson, and Lara A. Hall, “Testing, Testing,” Environmental Forum, March/April 2025.

A key force propelling reform of the Toxic Substances Control Act through Congress in 2016 was a bipartisan belief, shared by the business and environmental communities alike, that the Environmental Protection Agency needs more information to do its job of protecting the American public from adverse effects caused by chemical exposures. After all, it has been domestic policy under TSCA for almost a half century that “adequate information should be developed . . . and that the development of...
March 14, 2025

HCPA’s 2025 Mid-Year Meeting, June 22-25, 2025, Washington, D.C.

HCPA’s Mid-Year Meeting focuses on the public policy issues that impact the household and commercial products industry. Attendees will engage with a dynamic network of CEOs, executive decision-makers, and thought leaders who have knowledge, solutions, and influence across the entire supply chain. B&C is a proud sponsor....
March 14, 2025

GlobalChem, April 14-16, 2025, Washington, D.C.

GlobalChem, presented by the American Chemistry Council, brings together industry professionals to review recent developments in global chemicals management and meet and reconnect with industry peers and key government representatives. B&C is a proud exhibitor....
February 18, 2025

Lynn L. Bergeson, “Chemical Compliance: Is TSCA Reform in Our Future?,” Chemical Processing, February 18, 2025.

It’s been almost nine years since Toxic Substances Control Act (TSCA) stakeholders celebrated President Obama’s enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on June 22, 2016. Because the road to amending TSCA was long (almost a decade), contentious and complicated, stakeholders may have been more relieved that the process was finally over than interested in the fine print....
January 29, 2025

Lynn L. Bergeson, “The “Undoing” Season,” American College of Environmental Lawyers (ACOEL) Blog, January 29, 2025.

It has been almost nine years since Toxic Substances Control Act (TSCA) stakeholders celebrated President Obama’s enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). Because the road to amending TSCA was long (almost a decade), contentious, and complicated, stakeholders were perhaps more relieved that the process was finally over than inclined to focus on the fine print. This article discusses mid-course corrections that are desperately...
January 28, 2025

EPA Releases Draft Scope Document for Vinyl Chloride TSCA Risk Evaluation

On January 16, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on the draft scope of the risk evaluation to be conducted under the Toxic Substances Control Act (TSCA) for vinyl chloride. 90 Fed. Reg. 4738. EPA notes that under TSCA, the scope documents must include the conditions of use (COU), hazards, exposures, and the potentially exposed or susceptible subpopulations (PESS) that EPA expects to consider in conducting its risk...
January 27, 2025

EPA Proposes Risk Management Rule to Protect Workers from Inhalation Exposure to PV29

On January 14, 2025, the U.S. Environmental Protection Agency (EPA) issued a proposed rule to address the unreasonable risk of injury to human health presented by Color Index (C.I.) Pigment Violet 29 (PV29) under its conditions of use (COU) as documented in EPA’s January 2021 risk evaluation and September 2022 revised risk determination. 90 Fed. Reg. 3107. The proposed rule states that the Toxic Substances Control Act (TSCA) requires that EPA address by rule any unreasonable risk of injury to...
January 17, 2025

EPA Releases Final Risk Evaluation for DINP, Finding Unreasonable Risk of Injury to Human Health When Workers Are Exposed under Four COUs

On January 14, 2025, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for diisononyl phthalate (DINP) conducted under the Toxic Substances Control Act (TSCA). EPA states that it has determined that DINP presents an unreasonable risk of injury to human health because workers could be exposed to high concentrations of DINP in mist when spraying adhesive, sealant, paint, and coating products that contain DINP. According to EPA, DINP can cause developmental toxicity...
January 15, 2025

EPA and OSHA Sign MOU for Implementation of TSCA Section 6

The U.S. Environmental Protection Agency (EPA) announced on January 13, 2025, that it signed a long-awaited memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) formalizing coordination on EPA’s work to assess and manage existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA). According to EPA’s press release, “EPA and OSHA anticipate that better coordination under this MOU will result in improved workplace health and safety...
January 13, 2025

EPA Issues Final Risk Management Rules for Trichloroethylene, Perchloroethylene, and Carbon Tetrachloride

The U.S. Environmental Protection Agency (EPA) released final risk management rules under the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE) and perchloroethylene (PCE) on December 9, 2024, and for carbon tetrachloride (CTC) on December 11, 2024. EPA states that all uses of TCE will be banned over time, with “the vast majority of identified risks eliminated within one year,” and safer alternatives readily available for the majority of uses. The PCE rule will ban manufacture,...
January 6, 2025

2025 Forecast for U.S. Federal and International Chemical Regulatory Policy

Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our 2025 Forecast. For all the reasons you might imagine, our seasoned team was especially challenged this year in speculating on what to expect in 2025 regarding global industrial, agricultural, and biocidal chemical regulatory and policy initiatives. Given the European Parliamentary...
December 23, 2024

EPA Requires Submission of Health and Safety Studies for 16 Chemicals Being Considered for Risk Evaluation under TSCA

On December 13, 2024, the U.S. Environmental Protection Agency (EPA) published a final Health and Safety Reporting Rule under the Toxic Substances Control Act (TSCA) to require manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. 89 Fed. Reg. 100756. The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and...
December 20, 2024

TSCA Developments 2025, February 27, 2025, via webinar

Chemical Watch presents TSCA Developments 2025, covering TSCA and its business-critical implications, including TSCA inventory updates, risk evaluations and prioritizations, new chemical reviews, PFAS reporting and regulation, and a full session on litigation.  Lynn L. Bergeson, President, Acta, will present on New Chemicals....
December 10, 2024

EPA Releases Final Supplement to the Risk Evaluation and Revised Unreasonable Risk Determination for 1,4-Dioxane

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its final supplement to the risk evaluation and revised unreasonable risk determination for 1,4-dioxane under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 89993. EPA states in the Federal Register notice that it “used the best available science to prepare this final supplement to the risk evaluation and has determined that 1,4-dioxane poses unreasonable risk to human health.” EPA...
November 19, 2024

EPA Issues ANPRM under TSCA Section 6 on 6PPD and 6PPD-Quinone

On August 1, 2023, Earthjustice filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) asking the U.S. Environmental Protection Agency (EPA) to establish regulations prohibiting the manufacturing, processing, use, and distribution of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) for and in tires. Earthjustice filed the petition on behalf of the Yurok Tribe, the Port Gamble S’Klallam Tribe, and the Puyallup Tribe of Indians, and EPA granted the...