Recent Federal Developments For August 2026

Bergeson & Campbell, P.C. Presents Two Pesticide-Focused Webinars In September

“The Food Quality Protection Act (FQPA) at 30: How It Happened, Why It Still Matters,” September 17, 2026, 11:00 a.m. – 12:00 p.m. (EDT), via webinar

August 3, 2026, marked an important milestone: the 30th Anniversary of the enactment of FQPA in 1996. This webinar features two pivotal participants in the legislative process and implementation of the law. James (Jim) Jones and James V. Aidala will discuss how events came together, how successful consensus was achieved, and how the law continues to impact pesticide regulation today. Register now for this fascinating conversation.

“Pesticides under FIFRA: What’s Happening Now, and What’s Next,” September 22, 2026, 11:00 a.m. – 12:15 p.m. (EDT), via webinar

There are significant recent developments affecting pesticide and biocide market access in the United States. The U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) continues to confront funding challenges, a decision backlog, the renewal of the Farm Bill, and reauthorization of the Pesticide Registration Improvement Act (PRIA), among other hot button issues. During this webinar, members of Bergeson & Campbell, P.C.’s (B&C^®) renowned Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) team, James V. Aidala, Lisa R. Burchi, Heather F. Collins, MS, and Richard J. Fehir, Ph.D., will focus on these initiatives and break down the policy, legal, scientific, and regulatory implications that pesticide professionals need to know. Register now.

Lynn L. Bergeson To Present During PLI’s “Environmental Regulation in Practice 2026: New Challenges and Controversies” Program

Lynn L. Bergeson will join Achinthi C. Vithanage to present “U.S. Withdrawal from International Environmental Frameworks and Global Spillover Effects” during the Practising Law Institute’s (PLI) “Environmental Regulation in Practice 2026: New Challenges and Controversies” program on September 2, 2026. This comprehensive program brings together leading practitioner, academic, economist, and consultant perspectives to examine how changes in federal and state authority, litigation trends, and global regulatory pressures are affecting compliance, transactions, permitting, and risk management. 

Bergeson & Campbell, P.C. And LexisNexis Publish 2026 Edition Of “Guide to the Toxic Substances Control Act (TSCA)”

B&C is pleased to announce publication of the 2026 edition of Guide to the Toxic Substances Control Act (TSCA), LexisNexis (Guide to TSCA). Guide to TSCA is the definitive comprehensive treatise on TSCA, written for lawyers, regulatory affairs specialists, and commercial and business people who need to understand the details of this law. The 2026 edition reflects key changes in the TSCA program, the ongoing litigation in multiple federal appellate circuit courts, and the profound influence of the consequential policy changes emerging from the new Administration.

TSCA/FIFRA/TRI

EPA Proposes SNURs For Certain Chemical Substances

On July 23 and July 30, 2026, EPA proposed significant new use rules (SNUR) under TSCA for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to TSCA. 91 Fed. Reg. 46364, 91 Fed. Reg. 48044. Once issued in final, the SNURs would require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is proposed as a significant new use by these rulemakings to notify EPA at least 90 days before commencing that activity. The required notification initiates EPA’s evaluation of the conditions of that use for that chemical substance. 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 on the July 23, 2026, proposed SNURs are due August 24, 2026. Comments on the July 30, 2026, proposed SNURs are due August 31, 2026.

EPA Extends Certain Compliance Dates For PCE And CTC Risk Management Rules

EPA issued a final rule on July 28, 2026, extending certain compliance dates applicable to certain entities subject to the risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under TSCA. 91 Fed. Reg. 47145. EPA states that it is extending certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the existing compliance dates for federal agencies and their contractors. For both PCE and CTC, the final rule extends the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extends the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, institute a workplace information and training program, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to September 20, 2027. EPA notes that for PCE, it is also extending the compliance date for federal entities to institute a workplace information and training program to September 20, 2027, and for non-federal entities to establish and implement an exposure control plan to December 20, 2027. The final rule was effective July 28, 2026. More information on this final rule is available in our July 29, 2026, memorandum.

EPA Requests Comment On Draft Risk Evaluation For 1,1,2-Trichloroethane

On July 29, 2026, EPA announced the availability of and requested public comment on the draft risk evaluation under TSCA for 1,1,2-trichloroethane. 91 Fed. Reg. 47830. The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use (COU), including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. According to EPA’s July 24, 2026, press release, the draft risk evaluation identifies significant contributions to unreasonable risk to workers from dermal and inhalation exposure for ten occupational COUs. EPA notes that the draft did not find unreasonable risk to consumers, the general population, or the environment. EPA seeks comment on the draft risk evaluation for 1,1,2-trichloroethane. Comments are due September 28, 2026.

EPA Releases Draft Exposure Assessments For trans‑1,2‑Dichloroethylene And 1,2‑Dichloropropane

EPA announced on July 31, 2026, that it is advancing its review of trans‑1,2‑dichloroethylene and 1,2‑dichloropropane under TSCA “by releasing draft technical support documents that explain how the agency estimates exposure to these common solvents.” According to EPA, the draft documents will be available for public comment in their respective TSCA public review dockets “at a later date” once EPA releases the draft risk evaluations. At that time, EPA “will welcome public review and comment” before preparing the final risk assessments for these chemicals. Scientific analyses of human health and environmental effects of these chemicals underwent independent peer review by the Science Advisory Committee on Chemicals (SACC) during a meeting from August 3 through 7, 2026. More information on these draft exposure assessments is available in our August 11, 2026, memorandum.

EPA OIG Will Evaluate TSCA Priority Testing List

EPA’s Office of Inspector General (OIG) announced on August 4, 2026, that it will begin an evaluation of the TSCA Priority Testing List. According to the OIG’s August 4, 2026, memorandum, the evaluation is the result of an OIG Hotline complaint. OIG’s objective is to determine the extent to which (1) the TSCA Interagency Testing Committee (ITC) is updating the Priority Testing List every six months and (2) EPA is addressing chemicals on the updated Priority Testing List. According to EPA’s website, the most recent ITC report published in the Federal Register was issued in April 2021. More information on ITC’s revisions to the Priority Testing List is available in our April 28, 2021, blog item.

EPA Releases Draft TSCA Risk Evaluations For oDCB And pDCB, “Two Chemicals Found In Household And Commercial Products”

On August 10, 2026, EPA announced the availability of and requested public comment on the draft risk evaluations under TSCA for o-dichlorobenzene (oDCB) and p-dichlorobenzene (pDCB). 91 Fed. Reg. 51488. EPA notes that the purpose of TSCA risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the COUs, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA is seeking public comment on the draft risk evaluations for oDCB and pDCB. Comments are due October 9, 2026. More information will be available in a forthcoming memorandum.

NGOs Challenge EPA Approval Of Two New Chemicals For Use In The Manufacture Of Semiconductors

On August 14, 2026, Earthjustice announced that two non-governmental organizations (NGO) filed suit in the U.S. Court of Appeals for the Ninth Circuit challenging EPA’s approval of two new chemicals for use in the manufacturing of semiconductors. CHIPS Communities United and Sierra Club seek review of two TSCA Section 5 Consent Orders authorizing the manufacture, processing, distribution in commerce, use, and disposal of the new chemical substances identified as PMN numbers P-26-0045 and P-26-0029. According to Earthjustice, EPA “approved the chemicals for immediate use despite identifying the potential for serious health risks, including cancer, neurological harm, and even sudden death.” Earthjustice states that “EPA admits that it does not know the full extent of those risks, claiming that it lacked the information needed to calculate them.” More information will be available in a forthcoming memorandum.

EPA Releases Guides To Assist Users With The MyPeST Platform For Pesticide Submission

EPA;s OPP has provided new resources to assist users with their MyPeST applications. EPA’s MyPeST platform is a web-based system designed to replace the Pesticide Submission Portal, offering registrants a transparent dashboard for tracking application statuses and managing bilingual pesticide labeling compliance. The MyPeST User Guide (Version 3.0.1, dated July 8, 2026) is available now. EPA states that the User Guide is regularly updated; thus, returning to the MyPeST application and viewing the posted User Guide ensures the user always has the most recent version. EPA hosted webinars prior to the launch of the system and the recent updates. Recordings of the prior webinars are available here. More information on the resources that EPA has released is available in our July 21, 2026, blog.

Structuring Catalyst LVEs For Success Amid The Backlog

A catalyst used in small quantities in a well-controlled industrial application would seem to be the perfect candidate for a Low Volume Exemption (LVE) notification. In fact, in certain regions, such as the European Union (EU) and Canada, no premarket notification is required for substances manufactured or imported below certain tonnage limits (e.g., one metric tonne in the EU). But in the United States under TSCA, there is no de minimis quantity and EPA will conduct a rigorous review and risk assessment for even minute quantities of a catalyst used at industrial sites. Contrary to messages from detractors, LVEs go through the same review process as PMNs and must clear a higher bar — EPA must conclude that the LVE “will not present” unreasonable risk to be granted. A poorly supported LVE submission often increases the time needed for EPA’s review and the chance of EPA denying the LVE, which can set commercial deadlines back many months, at a minimum. More information is available in our July 22, 2026, blog item.

EPA Extends Emerging Viral Pathogen Guidance For The Mpox Virus

EPA has extended its Emerging Viral Pathogen (EVP) Guidance for Antimicrobial Pesticides (Guidance) in response to the mpox virus (formerly monkeypox), which had been considered to be a rare disease caused by infection with the mpox virus. Mpox is an enveloped virus, meaning it is one of the easiest to kill with the appropriate disinfectant product. EPA provides the searchable List Q: Disinfectants for Emerging Viral Pathogens (EVPs). Mpox virus is a Tier I (enveloped virus); thus, when disinfectants damage their lipid envelope, the virus is no longer infectious. EPA’s List Q currently has 553 disinfectant products for use on Tier 1 viruses. EPA initially activated the EVP Policy for the mpox virus in August 2024. The EVP Policy for the mpox virus now expires in August 2028. More information is available in our August 10, 2026, blog.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

Presidential Proclamation Exempts Certain Stationary Sources Subject To HON Rule From Compliance For Two Years

According to Presidential Proclamation 11041, signed July 9, 2026, many of the testing and monitoring requirements in the 2024 New Source Performance Standards for the Synthetic Organic Chemical Manufacturing Industry and National Emission Standards for Hazardous Air Pollutants for the Synthetic Organic Chemical Manufacturing Industry and Group I & II Polymers and Resins Industry (HON Rule) are not practically available, not demonstrated at the necessary scale, or cannot be implemented safely or consistently under real-world conditions. 91 Fed. Reg. 44719. Certain stationary sources subject to the HON Rule, as identified in the Proclamation, are exempt from compliance with those aspects of the HON Rule that were promulgated under Section 112 of the Clean Air Act (CAA) for a period of two years beyond the HON Rule’s relevant compliance dates. The exemption applies to all compliance deadlines established under the HON Rule applicable to the stationary sources listed in Annex I of the Proclamation, with each such deadline extended by two years from the date originally required for such deadline.

EPA Publishes Notice Of Data Availability Of Analysis Of HFC Allocation Program

EPA published a notice of data availability (NODA) on July 28, 2026, to alert stakeholders of information from EPA regarding the Hydrofluorocarbon (HFC) Allocation Program and to solicit stakeholder input. 91 Fed. Reg. 47236. EPA states that it is providing this information in preparation for an upcoming regulatory action which the Agency intends to propose under the American Innovation and Manufacturing (AIM) Act of 2020. The notice identifies possible data gaps and requests comment on areas in which additional data could improve EPA’s information on the United States’ HFC production and consumption. EPA is interested in receiving comments on the data in the NODA to inform the Agency’s regulatory process. To ensure that EPA is able to account for comments in an upcoming proposed rule that the Agency is considering, comments are due to EPA by August 27, 2026.

EPA Announces Next Step In Review Of Public Health Risks Linked To Fluoride In Drinking Water

EPA announced on August 3, 2026, the next step in its review of public health risks linked to fluoride in drinking water: the release of the Protocol for Developing the Fluoride Human Health Toxicity Assessment, a “road map that transparently describes how EPA will conduct the assessment while applying gold standard science.” EPA will use the Protocol to develop the draft fluoride human health toxicity assessment, which once completed will be available for public comment. EPA states that it will use systematic review practices that are consistent with gold standard science and Safe Drinking Water Act (SDWA) requirements, draw on expertise from the U.S. Department of Health and Human Services (HHS), and will not prejudge any outcomes of the assessment. According to EPA, when final, the assessment will inform potential revisions to federal drinking water regulations. EPA also intends for the assessment to help states and local leaders make informed decisions about fluoridating drinking water.

PHMSA Modernizes Hazardous Materials Regulations

On August 4-7, 2026, the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) Office of Hazardous Materials Safety published 17 final rules under the HM-268 deregulatory initiative to modernize supply chains and reduce administrative burdens for domestic shippers and carriers. According to PHMSA, these updates eliminate unnecessary regulatory barriers by transitioning from paper requirements to digital compliance, expanding exceptions for agricultural and trade operations, and codifying widely used special permits directly into the Hazardous Materials Regulations (HMR). PHMSA states that the rulemaking package delivers immediate cost savings and operational relief across the industry. The final rules include:

• HM-268A: Reducing Burdens on Domestic Aerosol Shippers, 91 Fed. Reg. 49301: Revises the aerosol definition in Section 171.8 to remove the requirement that it contain a liquid, powder, or paste. PHMSA states that this would let small quantities of gas be shipped in aerosol containers instead of more costly cylinders or needing a special permit, aligning with international standards — helping U.S. companies compete globally. The final rule will be effective September 3, 2026,
• HM-268B: Reducing Costs to Domestic Shippers and Carriers of Limited Quantities, 91 Fed. Reg. 49332: Allows a smaller limited quantity marking in Section 172.315(a)(2), reducing packaging and labeling costs and helping carriers move more packages per trip. The final rule will be effective September 3, 2026,
• HM-268D: Hazardous Materials: Reducing Burdens to Domestic Carriers: 91 Fed. Reg. 49325: Allows emergency response information (ERI) to be displayed electronically, removing the current requirement for printed copies and easing compliance for shippers. The final rule will be effective September 3, 2026,
• HM-268E: Remove Redundant List of U.S. EPA CERCLA Hazardous Substances, 91 Fed. Reg. 49305: References the 40 C.F.R. Section 302.4 hazardous substance list instead of duplicating it, eliminating 27 pages of duplicative regulatory text in the 49 C.F.R. The final rule will be effective December 2, 2026.
• HM-268F: Reducing Burdens by Allowing Continued Use of U.S. Department of Transportation (DOT) Special Permit Packaging, 91 Fed. Reg. 49340: Allows continued use of DOT special permit packaging for its full lifespan, even if the permit is not renewed or the original holder no longer exists. The final rule will be effective September 3, 2026.
• HM-268G: Improving Efficiencies for Special Permits and Approvals Renewals, 91 Fed. Reg. 49291: Removes the rule requiring special permit renewal applications 60 days before expiration. According to PHMSA, this would reduce paperwork and allow permit use provided the renewal is filed before expiration. The final rule will be effective September 3, 2026.
• HM-268I: Removing Paperwork Burdens on Domestic Motor Carriers, 91 Fed. Reg. 49298: Removes the requirement in Section 107.620 for motor and vessel carriers to carry paper copies of their registration. Digital verification would be allowed instead, reducing unnecessary paperwork. The final rule will be effective September 3, 2026.
• HM-268K: Removing Burdensome Rail Reporting Requirements, 91 Fed. Reg. 49320: Removes outdated rail regulations and reporting requirements, such as references to steam-era materials and unnecessary reporting to non-federal groups like the Bureau of Explosives. The final rule will be effective September 3, 2026.
• HM-268L: Adopt DOT Special Permits 12412 and 11646 into the HMR, 91 Fed. Reg. 49349: Adopts special permits allowing Intermediate Bulk Containers (IBC) and drums to be unloaded while still on transport vehicles when specific safety control measures are followed, easing burdens for various small businesses. The final rule will be effective September 3, 2026.
• HM-268O: Adopt DOT-SP 14175 into the HMR, 91 Fed. Reg. 49354: Extends the requalification interval for certain gas cylinders from five to ten years, reducing testing costs for companies using these cylinders. The final rule will be effective September 3, 2026.
• HM-268P: Adopt DOT-SP 21478 into the HMR, 91 Fed. Reg. 49335: Allows empty IBCs with only residue to be transported like non-bulk packages, reducing costs for the IBC reconditioning industry. The final rule will be effective September 3, 2026.

FDA

FDA Issues Actions For Orange B And Citrus Red No. 2

On July 23,2026, the U.S. Food and Drug Administration (FDA) issued a final order repealing a color additive regulation allowing use of Orange B for coloring the casings or surfaces of frankfurters and sausages, concluding that authorized uses have been abandoned since 1978. 91 Fed. Reg. 46276. The order will be effective on September 8, 2026. If any provisions are delayed or stayed by the filing of proper objections, FDA will publish such notification in the Federal Register. Electronic or written objections and requests for a hearing on the order must be submitted by August 24, 2026. Additionally, FDA proposed the repeal of a color additive regulation permitting use of Citrus Red No. 2 for coloring the skins of mature oranges, positing that authorized uses have been abandoned since 2020. 91 Fed. Reg. 46330. FDA is accepting comments on the proposed order until August 24, 2026.

FDA Extends Comment Period For Butylated Hydroxytoluene

On July 30, 2026, FDA reopened the comment period for a notice titled “Butylated Hydroxytoluene (BHT); Request for Information,” which will remain open until August 31, 2026. 91 Fed. Reg. 48127. FDA is seeking information on the current uses and safety data for the antioxidant BHT, when used in human food and as a food contact substance. Additional information is available in 91 Fed. Reg. 27054.

FDA Proposes Requirement For Generally Recognized As Safe Notices

On August 11, 2026, FDA proposed requiring the “submission of generally recognized as safe (GRAS) notices for the use of a human or animal food substance purported to be GRAS under the conditions of its intended use under the Federal Food, Drug, and Cosmetic Act (FD&C Act).” 91 Fed. Reg. 51834. In the proposed rule, FDA defines “food substances” to “include both ingredients and substances added indirectly, such as from food packaging.” The proposed rule would require notifying FDA of the basis for the GRAS conclusion unless an exception to the requirement to submit a GRAS notice applies. If issued in final without change, the rule would replace the voluntary GRAS notification program with a mandatory notification program, establish certain exceptions (e.g., for substances already in commerce), and revise procedural regulations for the threshold of regulation (TOR) exemption. Additional information is available at the link here. Comments are due by December 9, 2026.

NANOTECHNOLOGY

OECD Tour De Table Includes Information On TSCA Developments Regarding Nanomaterials

The Organisation for Economic Co-operation and Development (OECD) has published the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials — Tour de Table: July 2024 — June 2025 (Tour de Table). The Tour de Table lists U.S. developments on the human health and environmental safety of nanomaterials between June 2024 and May 2025, including development under TSCA. More information is available in our July 21, 2026, blog item.

EPA Issues Final SNUR For Multi-Walled Carbon Nanotubes (P-22-163)

On July 24, 2026, EPA published a final SNUR for multi-walled carbon nanotubes (P-22-163) that were the subject of a PMN and are also subject to an Order issued by EPA pursuant to TSCA. 91 Fed. Reg. 46742. The SNUR requires persons who intend to manufacture (including import) or process these multi-walled carbon nanotubes for an activity that is designated 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 for the multi-walled carbon nanotubes. 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. The final rule will be effective September 22, 2026. More information is available in our July 27, 2026, 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/.

PUBLIC POLICY AND REGULATION

Public Policy And Regulation Blog^®

Our insights on policy developments affecting industrial and agricultural chemicals and the products in which they are included are available at https://www.lawbc.com/brand/publicpolicyblog/.

PRODUCT STEWARDSHIP

Product Stewardship Blog^™

Product stewardship has emerged as a defining standard against which to measure chemical product excellence.This blog focuses on legal, policy, and voluntary stewardship initiatives affecting the design, manufacture, marketing, and end-of-life management of products. To read about product stewardship initiatives, go to https://www.lawbc.com/brand/productstewardshipblog/.

LEGISLATIVE

House Recycling Infrastructure And Data Accountability Act Would Expand Recycling Nationwide

Representative Mike Lawler (R-NY) introduced the Recycling Infrastructure and Data Accountability Act (H.R. 9987) on July 30, 2026. According to Lawler’s July 31, 2026, press release, the bill would require EPA to conduct a study examining the feasibility of a national recycling database that would:

• Track recyclable materials, recycling infrastructure capacity, material recovery outcomes, and landfill diversion rates;
• Identify geographic areas with limited access to recycling collection services and processing facilities; and
• Catalog major recycling and waste facilities, including facility type, ownership, capacity, materials accepted, and annual throughput.

Senate Bill Would Track Recycled Plastic Claims

On July 30, 2026, Senator Adam Schiff (D-CA) introduced the Tracking Plastic Act of 2026 (S. 5182), which would implement a standardized process of tracking recycled materials “to address mislabeling and fraud by companies, reduce errors, and verify origins of recycled plastic content to help Americans better know the environmental impact of the products they are buying.” According to Schiff’s July 30, 2026, press release, the bill would establish a federal working group for recycled plastic content traceability with representatives from EPA, the Federal Trade Commission (FTC), the U.S. Department of Agriculture (USDA), the National Oceanic and Atmospheric Administration (NOAA), the U.S. Department of State, the National Institute of Standards and Technology (NIST), the National Laboratory of the Rockies, institutions of higher education, and the National Academy of Sciences. The working group would:

• Develop recommendations to improve the measurement, traceability, and reporting of recycled plastic content in applicable sectors of the economy, and
• Develop recommendations to increase the use of post-consumer resin.

Bipartisan Senate Bill Would Ban Six Recognized Asbestos Fibers

On August 4, 2026, Senators Jeff Merkley (D-OR) and John Curtis (R-UT), respectively the Ranking Member and Chair of the Senate Environment and Public Works (EPW) Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight, introduced the Alan Reinstein Ban Asbestos Now Act of 2026 (S. 5235), bipartisan legislation that would end all commercial and industrial uses of asbestos. According to Merkley’s August 4, 2026, press release, the bill would:

• Ban commercial asbestos by prohibiting its manufacture, processing, use, and distribution in commerce;
• Cover all six historically regulated asbestos fibers; and
• Establish durable public health protections and codify federal transition requirements.

Bicameral Bill Would Create National Standards For Recycling Labels

On August 6, 2026, Representative Lou Correa (D-CA) and Senator Jeff Merkley (D-OR) introduced the Truth in Labeling Act of 2026 (H.R. 10048, S. 5302). The bicameral legislation would establish clear federal guidelines for labeling consumer products that are recyclable, compostable, reusable, or refillable. According to Merkley’s August 7, 2026, press release, the legislation responds to increasing confusion about the “chasing arrows” on consumer products and outdated federal guidance on environmental marketing claims. The bill would establish a voluntary label for manufacturers to use if they wish to direct consumers to recycle, compost, or reuse their packaging.

MISCELLANEOUS

Updated MOU Between USDA, HHS, And EPA Addresses Drug Residues, Pesticide Residues, And Chemical Contaminants In Food

On July 10, 2026, USDA, HHS, and EPA (Signatory Agencies) announced an updated Memorandum of Understanding (MOU) to “reaffirm their shared commitment to protecting consumers from heavy metals and other contaminants in food.” USDA’s July 10, 2026, press release notes that for decades, USDA, HHS, and EPA have coordinated through the National Residue Program to monitor and regulate meat, poultry, and egg products. The updated MOU states that its purpose is “to promote effective, efficient, and coordinated Federal activities concerning drug residues, pesticide residues, and chemical contaminants (collectively, ‘chemical residues and contaminants’) that have the potential to adulterate meat, poultry, or egg products.” More information on the activities covered under the MOU is available in our July 21, 2026, memorandum.

OSHA Reopens Comment Periods On Certain Chemical Standards

On July 22, 2026, and July 28, 2026, the U.S. Occupational Safety and Health Administration (OSHA) reopened the comment periods for certain chemical standards following the appointment of members to the Advisory Committee on Construction Safety and Health (ACCSH). OSHA stated in the proposed rules that it would present the proposed rules to ACCSH once that process was complete and would place ACCSH’s recommendations on OSHA’s website and in the dockets for the proposed rules to allow the public to provide comments on those recommendations. OSHA is now reopening the rulemaking record to allow for public comment for an additional 30 days. Comments on the following chemical standards are due August 21, 2026:

• 1, 3-Butadiene, 91 Fed. Reg. 46035;
• 1,2-Dibromo-3-chloropropane, 91 Fed. Reg. 46031;
• Thirteen carcinogens (4-nitrobiphenyl, etc.), 91 Fed. Reg. 46030;
• Acrylonitrile, 91 Fed. Reg. 46034;
• Asbestos, 91 Fed. Reg. 46033;
• Cadmium, 91 Fed. Reg. 46037;
• Ethylene oxide, 91 Fed. Reg. 46032;
• Formaldehyde, 91 Fed. Reg. 46029;
• Inorganic arsenic, 91 Fed. Reg. 46026 and 91 Fed. Reg. 46035;
• Lead, 91 Fed. Reg. 46027;
• Methylene chloride, 91 Fed. Reg. 46036;
• Methylenedianiline, 91 Fed. Reg. 46028; and
• Vinyl chloride, 91 Fed. Reg. 46027.

Comments on the chemical standard for benzene are due August 27, 2026. 91 Fed. Reg. 47160.

New Mexico Confirms That PFAS Labeling And Reporting Requirements Do Not Apply To Industrial Products

As we reported in our May 4, 2026, memorandum, on May 5, 2026, the New Mexico Environment Department (NMED) issued a final rule on per- and polyfluoroalkyl substances (PFAS) in consumer products. The most controversial and burdensome part of the rule has been a labeling requirement for products manufactured after January 1, 2027. In July 2026, an NMED representative stated that “[i]t is NMED’s position that the scope is limited to consumer products as that term is defined in the PFAS Protection Act, which means industrial products are not subject to reporting requirements or labeling requirements.” The PFAS Protection Act defines “consumer product” as “a tangible personal property that is distributed in commerce and normally used for personal, family or household use, including product categories that are normally used in households but designed for or sold to businesses, such as commercial carpet or floor waxes.” NMED recently posted guidance documents and responses to frequently asked questions for manufacturers. More information on these materials is available in our July 17, 2026, memorandum.

WHO Reviews Key Ingested PFAS And Recommends 18 For Further Evaluation

The World Health Organization (WHO) has published a report entitled Key ingested per- and poly-fluoroalkyl substances (PFAS) and their health effects: landscape review that presents an overview of a comprehensive landscape review of PFAS. As a key outcome of the landscape review, the report recommends prioritizing 18 PFAS and six health effect categories for further evaluation. The 18 PFAS include the 16 that were prioritized based on an evaluation of the occurrence data: perfluorooctanesulfonic acid (PFOS), perfluoroundecanoic acid (PFUnDA), perfluoroheptanoic acid (PFHpA), perfluorooctanoic acid (PFOA), perfluoroheptanesulfonic acid (PFHpS), perfluorobutanoic acid (PFBA), perfluorotridecanoic acid (PFTrDA), perfluorohexanoic acid (PFHxA), perfluorotetradecanoic acid (PFTeDA), perfluorobutanesulfonic acid (PFBS), perfluorohexanesulfonic acid (PFHxS), perfluoropentanoic acid (PFPeA/PFPA), perfluorododecanoic acid (PFDoA), perfluorononanoic acid (PFNA), perfluorodecanoic acid (PFDA), and perfluorodecanesulfonic acid (PFDS). The report notes that two additional compounds — trifluoroacetic acid and perfluoro(2-propoxypropanoic acid) — were also proposed for consideration, acknowledging the limitations of the literature search strategy, which was designed to include PFAS compounds and published studies that were included in the data sources. More information is available in our July 30, 2026, blog item.

Commerce Publishes Temporary Final Rule Restricting Export Of “Black Mass” From Shredded Battery Scrap

The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) published on August 6, 2026, a temporary final rule titled “DPAS Directive Allocation Order and Additional Requirements for Recoverable Critical Minerals and Materials” to restrict the exportation of black mass and tungsten waste and scrap. 91 Fed. Reg. 50701. According to BIS, “this temporary rule is necessary to immediately secure the supply of certain recoverable [critical minerals and materials] CMMs to ensure an adequate supply of these materials deemed essential to the national defense.” Specifically, the rule requires that U.S. persons engaged in the sale of black mass and tungsten waste and scrap must allocate 100 percent of monthly sales to U.S. persons, unless an adjustment or exception is obtained in advance from BIS. “Black mass” is defined in the rule to mean “any shredded lithium-ion battery scrap that contains cathode material (which may include aluminum, copper, iron, lithium, cobalt, nickel, and manganese), anode material (graphite, silicon) or other residual battery cell materials.” The export restrictions become effective on August 27, 2026, and currently last through August 27, 2027. Public comments on the rule can be submitted by November 4, 2026. More information, including information on adjustments or exceptions to the requirements, is available in our August 10, 2026, memorandum.

New Mexico Will Hold August 18, 2026, Webinar On How Public Can Provide Input On The Future Of PFAS Protections For Consumers

On August 7, 2026, NMED announced that it will host a public webinar on August 18, 2026, “to explain how the public can participate in the state’s review of the PFAS Protection Act, which regulates per- and polyfluoroalkyl substances (PFAS) in consumer products.” As reported in our February 23, 2026, blog item, on February 18, 2026, the New Mexico legislature passed House Joint Memorial (HJM) 3, requesting that the New Mexico Environmental Improvement Board (NMEIB) and NMED provide a report on the implementation of the 2025 PFAS Protection Act and recommendations to improve consumer protections from PFAS. Registration for the August 18, 2026, webinar is open. In addition, NMED will open a public comment portal on August 18, 2026, to gather public input to inform the HJM 3 reports. NMED states that it will present its preliminary findings to the Radiation and Hazardous Waste Interim Committee on November 5, 2026, and submit a final report to the legislature by August 1, 2027.