Memoranda

On April 6, 2026, the U.S. Environmental Protection Agency (EPA) released the draft of its sixth Contaminant Candidate List (CCL) issued under the Safe Drinking Water Act (SDWA), including for the first time microplastics as a priority contaminant group. 91 Fed. Reg. 17186. Section 1412(b)(1)(B)(i) of SDWA, as amended in 1996, requires that EPA publish the CCL every five years. The contaminants on the List are not regulated under national primary drinking water regulations, but either occur or...

On March 26, 2026, the European Chemicals Agency (ECHA) released the final opinion of its Risk Assessment Committee (RAC) and the draft opinion of its Socio-Economic Analysis Committee (SEAC) on the proposal to restrict per- and polyfluoroalkyl substances (PFAS) under the European Union’s (EU) Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation. According to ECHA, RAC and SEAC “support an EU-wide restriction, subject to specific derogations, on the...

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...

The Minnesota Pollution Control Agency (MPCA) held a webinar on February 26, 2026, on its currently unavoidable use (CUU) rule concepts. Under Minnesota’s per- and polyfluoroalkyl substances (PFAS) statute, beginning January 1, 2032, intentionally added PFAS in almost all products will be prohibited in Minnesota unless MPCA issues a CUU determination for the use of the PFAS. MPCA has posted a recording of the webinar, presentation slides, and a summary of the draft rule...

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...

On January 5, 2026, the U.S. Environmental Protection Agency (EPA) released its draft Pesticide Registration (PR) Notice, entitled “Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments” (Draft PRN 2026-NEW), and announced a 45-day public comment period. 91 Fed. Reg. 271. Since the January 5, 2026, announcement, a 30-day extension to the comment period has been approved but not yet published. In the Draft PRN 2026-NEW, EPA provides...

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...

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...

In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two “Information Letters” regarding Prop 65 compliance issues. Each is discussed below. Warnings for Receipts/Labels Accompanying a Consumer Purchase On December 8, 2025, OEHHA issued an Information Letter to provide guidance regarding Prop 65 warnings for Bisphenol S (BPS) in receipt paper and shipping...

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...