This updated version of our quarterly newsletter on chemical-regulatory matters of importance to our clients provides essential updates on litigation, regulatory, legislative, and other notable developments. Each edition focuses on matters affecting chemical substances that are the subject of regulatory activity or scrutiny by federal and state government agencies and potential litigants. This includes, among other substances, chemicals that are per- and polyfluoroalkyl substances (PFAS), and other chemicals of concern to the U.S. Environmental Protection Agency (EPA or the Agency) for potential actions under the Toxic Substances Control Act (TSCA). Check here each quarter for a curated edition of the most important developments affecting chemical manufacturers, importers, processors, and users.
EPA Publishes Proposed Rule for Further Reconsideration of TSCA Risk Evaluation Procedures
On September 23, 2025, EPA released its much-anticipated proposed rule to revise its chemical risk evaluation process under section 6 of TSCA, updating key provisions of the 2024 regulation issued during the Biden administration. The proposed rule, titled "Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)," reflects the new administration's regulatory priorities and responds to concerns raised by regulated entities about the scope and methodology of prior chemical risk evaluations.
Among the proposed changes, EPA would be required to assess unreasonable risk for each individual condition of use identified within the scope of the evaluation undertaken, rather than issuing a single, overall determination for the "whole chemical" substance. The proposed amendments also would clarify how occupational exposure controls — such as the use of personal protective equipment and industrial safeguards — will be considered in such evaluations, and outline EPA's discretionary authority in selecting relevant conditions of use, exposure routes, and exposure pathways. Additional revisions include proposed updates to regulatory definitions said to align with Executive Order 14303, "Restoring Gold Standard Science," and amendments to the procedures for revising or supplementing risk evaluation documents to help EPA meet statutory deadlines. The proposed rule also amends the process and data requirements for manufacturers and importers requesting agency-led evaluations, described as enhancing transparency and regulatory certainty.
Litigation over the 2024 procedural rule has been paused while EPA pursues this rulemaking process.
Public comments will be accepted until November 7, 2025, and can be submitted electronically to the e-docket for EPA-HQ-OPPT-2025-0260.
EPA Announces It Will Prioritize New Chemical Review for "Data Center" Chemicals
EPA announced that it will prioritize review of new chemicals intended for use in data centers or manufacturing covered components, beginning with submissions received commencing September 29, 2025, pursuant to the Executive Order "Accelerating Federal Permitting of Data Center Infrastructure."
The announcement explains that the July order calls for speeding up permitting "under laws including TSCA that impact the development of qualifying projects such as AI data centers and the infrastructure that powers them," such as high-voltage transmission lines and other equipment. Therefore, the Agency plans to "prioritize review of certain new chemicals to reduce the regulatory burden to companies looking to invest in them."
Submitters seeking priority designation must identify their submission as a chemical warranting expedited assessment by attaching a cover letter via EPA's Central Data Exchange, specifying the application and providing details concerning the data center where the new chemical or covered component will be used.
International PFAS Developments
The European Chemicals Agency (ECHA) announced that the draft opinion of its Committee for Socio-Economic Analysis (SEAC) on the proposed EU-wide restriction of PFAS will be finalized at SEAC's meeting in March 2026. The SEAC draft opinion will cover the evaluation of the socio-economic aspects of the 2022 proposed REACH restrictions on PFAS, including the availability of alternative substances and technologies. Following that meeting, ECHA plans to hold a consultation that will remain open for 60 days, during which stakeholders can provide feedback.
The consultation will use a structured survey format, inviting participants to respond to questions on the potential impacts of restricting the use of PFAS across various sectors. Participants will also be asked to provide specific information about the availability and feasibility of alternatives to these widely used chemicals. All feedback will be entered directly into the question fields for each survey topic.
In preparation for the consultation, ECHA will hold an online information session on October 30, 2025. After reviewing the consultation feedback, SEAC is expected to adopt its final opinion by the end of 2026.
This announcement follows ECHA's publication of an updated proposal to restrict PFAS. The update was prepared by the authorities from Denmark, Germany, the Netherlands, Norway, and Sweden, the countries that submitted the initial proposal in January 2023. The update was issued in response to and after completion of a review of more than 5,600 scientific and technical comments received from third parties during the 2023 consultation.
The update contains assessments for eight sectors that were not specifically named in the initial proposal and an assessment of alternative restriction options, beyond a full ban or a ban with time-limited derogations.
However, in response to the updated PFAS restriction proposal, ECHA stated that its Risk Assessment and SEAC Committees would not carry out a sector-specific evaluation of the eight sectors added in the updated proposal. ECHA explained that the European Commission has already stated that the scientific assessment of the restriction by the ECHA committees is scheduled to conclude in 2026. Including a further eight sectors into the committees' evaluations would require significant time beyond 2026. Therefore, the committees will not evaluate the eight newly identified sectors.
State PFAS Products Prohibitions
There continues to be a growing number of states enacting laws that prohibit PFAS when it appears in consumer (and commercial use) products, with implementation timelines for certain prohibitions that have commenced already or are to come into effect during upcoming years between now and 2032. These bans target a wide array of product categories, including textiles, food packaging, cosmetics, cookware, cleaning products, and juvenile items. The following are recent notable examples.
In April, the PFAS Protection Act, HB 212, was enacted in New Mexico and is one of the most comprehensive pieces of legislation targeting PFAS in consumer products. The bill phases out PFAS over multiple years with an effective ban date in 2027 for cookware, food packaging, dental floss, juvenile products, and firefighting foam, and expands to include carpets, cleaning products, cosmetics, fabric treatments, feminine hygiene products, textiles, ski wax, and upholstered furniture by 2028. Starting in 2032, there will be a complete ban on PFAS in all products unless deemed "currently unavoidable" by the state. In addition, the act states that the New Mexico Environmental Improvement Board may adopt rules to require the labeling of products in English and Spanish.
In furtherance of the rule development process for labelling, the New Mexico Environmental Department will be holding an informational webinar on product labelling requirements on September 25, 2025 at 1 p.m. MT. To register, email NMED-PFAS@env.nm.gov.on.
This summer, Illinois enacted HB 2516, which amended the state's PFAS Reduction Act such that beginning January 1, 2026, an individual may not sell, offer for sale, or distribute for sale any products containing intentionally added PFAS in cookware, cosmetics, dental floss, juvenile products, menstrual products, intimate apparel, and food packaging.
California has several pieces of legislation, as well as statutes on the books, targeting PFAS in consumer products. In 2022, AB 1817 was enacted, specifically targeting PFAS in textiles, including apparel, bedding, draperies, and backpacks. By January 1, 2025, manufacturers were required to certify compliance and use safer alternatives. Much more recently, SB-682 was passed by the legislature after some last-minute revisions and now awaits the governor's signature. This bill would ban PFAS in food packaging, juvenile products, dental floss, some cleaning products, and ski wax by 2028 and phase in certain prohibitions affecting other cleaning product components by 2030, and cookware by 2031.
A Minnesota state administrative law judge has recently disapproved the Minnesota Pollution Control Agency's (MPCA) proposed PFAS reporting and fees rule, saying that MPCA did not include a cumulative effect assessment of the regulation required under state law. Additionally, the Administrative Law Judge (ALJ) found that a number of the provisions were not rationally related to the MPCA's objectives for the rules. Other provisions exceeded, conflicted with, or did not comply with the enabling statute. Consequently, the ALJ found those provisions did not constitute enforceable law. MPCA has stated that it will resubmit proposed rules to correct several smaller parts and better document the cumulative effects of the rule.
The synopsis of recent state actions above reflects a contrast, and perhaps growing frustration, with PFAS-related efforts by the federal government. State legislatures remain committed to restricting the use of PFAS — particularly in consumer products. The resulting patchwork of state requirements will serve to heighten compliance complexity for product manufacturers and distributors operating across jurisdictions.
Litigation
Several legal challenges have been filed challenging Agency actions completed during the Biden administration for certain TSCA risk evaluations and other EPA rules, though most have been stayed as the Agency continues its reconsideration efforts:
- 5th Circuit Extends Stay in PCE Rule Litigation. On September 12, 2025, the Fifth Circuit granted EPA's request to extend the stay in litigation over its TSCA rule phasing out many uses of perchloroethylene (PCE) for an additional 90 days. Despite opposition from environmental groups, the court will allow EPA more time to reconsider the rule. EPA must report by November 19, 2025 on any plans to revise the regulation and how changes may affect the case.
- EPA Seeks Abeyance in Carbon Tetrachloride Rule Litigation in the 8th Circuit. On September 12, 2025, EPA asked the Eighth Circuit to place litigation over its TSCA rule phasing out uses of solvent carbon tetrachloride (CTC) back in abeyance. This request follows a September 4, 2025 clerk's order lifting the abeyance and directing the parties to submit an amended joint proposed briefing schedule. The Agency is developing a revised rule that will consider updated workplace exposure limits and aims to preserve judicial resources while the rule is reconsidered. No parties to the case have objected to the request.
- EPA Extends Compliance Deadlines for TCE Rule Amid Ongoing 3rd Circuit Litigation. On August 18, 2025, EPA announced a 90-day extension of compliance deadlines for certain exemptions under its 2024 TSCA risk management rule for trichloroethylene (TCE), pushing the effective date to November 17, 2025. This follows a May 27, 2025 motion from EPA with the Third Circuit requesting an indefinite abeyance of consolidated litigation challenging its TSCA rule restricting TCE uses, stating that it intends to undertake a rulemaking process to reassess the regulation. The Agency has stated that the delay is necessary to maintain the status quo while litigation over the rule continues, and to allow time for the court to address competing procedural requests.
- EPA Seeks Continued Pause in 9th Circuit 1,4-Dioxane Litigation. On July 28, 2025, EPA asked the Ninth Circuit to continue an extended abeyance in a 2021 lawsuit brought by environmental groups and states, challenging the Trump administration's TSCA risk evaluation of 1,4-dioxane, which concluded certain uses posed no unreasonable risk. The Agency argues that pausing the case is appropriate while related litigation in Union Carbide Corp. v. EPA — which challenges the Biden administration's reversal of that finding — proceeds in the Fifth Circuit.
- 5th Circuit Grants EPA Limited Extension in 1,4-Dioxane Litigation. On July 1, 2025, the Fifth Circuit extended its stay in Union Carbide Corp. v. EPA by 90 days, allowing EPA more time to reconsider its revised TSCA risk evaluation of 1,4-dioxane, though the court again declined the Agency's request for a longer pause. EPA had sought a 180-day extension to continue its review of the Biden-era supplement to the original Trump-era evaluation, which had found no unreasonable risk for certain uses of the solvent. While the chemical company did not oppose the request, the court limited the extension to September 30, 2025, consistent with its earlier decisions to grant only partial stays. EPA now estimates it could complete its revised cancer risk analysis within six to 12 months, depending on the need for public comment or peer review. The Agency's updated evaluation, released in late 2024, reversed earlier findings and concluded that 1,4-dioxane poses an unreasonable risk, prompting this novel industry challenge.
EPA Highlights 200 Environmental Actions During Trump's Current Presidency
EPA Administrator Lee Zeldin announced 100 additional environmental actions taken over the past 100 days, bringing the total to 200 since President Trump took office. Key initiatives highlighted in EPA's August 7, 2025 press release include funding to address lead in school drinking water, steps toward resolving the Tijuana sewage issue, PFAS reduction efforts, and progress on State Implementation Plans.
Industry Veteran Nominated To Lead EPA Chemicals Office
In late July, President Trump nominated Doug Troutman — who served as the interim co-CEO, longtime general counsel, and government affairs lead at the American Cleaning Institute — to serve as Assistant Administrator of the EPA's Office of Chemical Safety and Pollution Prevention, which oversees toxics and pesticide programs. The Senate Committee on Environment and Public Works will soon hold a hearing on his nomination and, later, the chamber will vote on his confirmation.
Other TSCA Actions
- EPA Issues Interim TCE Rule. EPA published an interim final rule in the September 17, 2025 Federal Register extending some compliance dates for the 2024 trichloroethylene TSCA risk management rule. Public comments are due October 17, 2025.
- EPA Issues Draft D4 Risk Evaluation. EPA issued its draft TSCA risk evaluation for octamethylcyclotetrasiloxane, or D4, preliminarily determining that it "presents unreasonable risk of injury to human health and the environment under certain conditions of use." The EPA granted a manufacturer request for the evaluation in 2020. Comments on all aspects of the draft, including the conditions of use without a preliminary determination, are due November 17, 2025.
- EPA Confirms Reconsideration of CTC Rule. EPA announced its decision to reconsider the carbon tetrachloride, or CTC, TSCA risk management rule via notice-and-comment rulemaking. EPA asked the 8th U.S. Circuit Court of Appeals to hold litigation over the 2024 TSCA section 6(a) regulation in abeyance in the meantime. A public comment period will be announced in the coming weeks.
© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Newsletter is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.
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