USA Regulatory News

Maine, New Hampshire, and Massachusetts have recently advanced their efforts to phase out PFAS (per- and polyfluoroalkyl substances). PFAS are a group of synthetic chemicals widely used in consumer pr...

Maine, New Hampshire, and Massachusetts have recently advanced their efforts to phase out PFAS (per- and polyfluoroalkyl substances). PFAS are a group of synthetic chemicals widely used in consumer products for their water- and stain-resistant properties. Known as "forever chemicals," PFAS persist in the environment and are linked to various health risks, including cancer.

Maine delays most prohibitions on non-essential PFAS

Maine’s Department of Environmental Protection (DEP) issued a preliminary draft rule on August 5 to implement the state’s revised PFAS phase-out law. The update reflects legislative changes to the 2021 PFAS in products statute, delaying most prohibitions on non-essential PFAS to 2032 and narrowing reporting requirements to “currently unavoidable uses” (CUUs). The draft also exempts items such as semiconductors and motor vehicles.

The draft outlines regulations for goods and businesses, including disclosure requirements, phased-in sales restrictions, and CUU designations for products that need more time to replace PFAS. Manufacturers with CUU-designated products must provide detailed PFAS notifications and pay a $5,000 fee per notification; small businesses with 100 or fewer employees are exempt from these notifications.

The DEP plans to proceed with the rulemaking this autumn, aiming for completion early next year. Comments on the draft are due by August 30.

New Hampshire bans PFAS in 8 product categories

On August 2, New Hampshire’s Governor Chris Sununu signed a law prohibiting PFAS (per- and polyfluoroalkyl substances) in eight product categories. This law represents an ongoing effort at state level to eliminate these persistent chemicals from consumer goods.

Effective January 1, 2027, New Hampshire will ban the sale of products containing intentionally added PFAS including food packaging and containers, carpets or rugs, fabric treatments, upholstered furniture, textile furnishings, other than industrial or medical ones, juvenile products, cosmetics, and feminine hygiene products.

Unlike other states, New Hampshire's law uses the PFAS definition from the U.S. EPA's TSCA reporting rule, which covers around 1,400 compounds.

The law exempts certain products, including those with at least 85% recycled content or that were manufactured before the restrictions take effect. Manufacturers must provide certificates of compliance within 30 days if requested by the New Hampshire Department of Environmental Services (NHDES). Failure to comply could lead to misdemeanors, felonies, fines of up to $25,000 per offense, and additional penalties of up to $2,000 per violation.

Massachusetts phases out PFAS in turnout gears:

On August 15, Massachusetts Governor Maura Healey signed a law banning PFAS (per- and polyfluoroalkyl substances) in firefighter turnout gear, making Massachusetts the first state in the U.S. to phase out these chemicals in firefighting PPE by 2027. This legislation aims to protect firefighters from harmful exposures to PFAS, which are linked to serious health issues.

Starting January 1, 2025, sellers must inform buyers about the presence of PFAS in firefighting gear and provide details about the specific compounds used. Sellers and buyers must also submit these notices and related documents to state regulators within 60 days, if requested.

The law defines PFAS as "fluorinated organic chemicals containing at least one fully fluorinated carbon atom" and covers all PFAS that are intentionally added or result from manufacturing processes. The ban applies to all firefighter PPE, including jackets, trousers, helmets, gloves and respiratory equipment.

On August 8, 2024, the U.S. Environmental Protection Agency (EPA) announced revisions to enhance the Safer Choice and Design for the Environment (DfE) Standard. These changes identify the criteria tha...

On August 8, 2024, the U.S. Environmental Protection Agency (EPA) announced revisions to enhance the Safer Choice and Design for the Environment (DfE) Standard. These changes identify the criteria that products and their ingredients must fulfill to earn the EPA’s Safer Choice label or DfE logo. The updated standards aim to reinforce the requirements for products seeking the voluntary Safer Choice certification and promote the use of safer chemicals in the market.

Safer Choice

Safer Choice promotes the use of chemicals that meet EPA's rigorous standards for health and environmental safety. It allows companies to mark their products with the Safer Choice label, indicating that every ingredient has been thoroughly reviewed by EPA scientists to ensure maximum safety. With thousands of certified products, the Safer Choice label helps consumers easily find products with safer chemical ingredients that do not compromise on performance.

This program makes it easier for consumers and institutions, including schools and offices, to choose safer cleaners, detergents, and other products. The DfE program also helps identify disinfectants that meet high standards for public health and environmental safety.

The updated Standard now includes several key improvements:

• A new certification program for cleaning service providers who use Safer Choice- and DfE-certified products, aimed at protecting both workers and occupants of cleaned spaces.
• Enhanced criteria for pet care products to ensure they use the safest ingredients for people, pets and the environment.
• Updated packaging standards to eliminate intentionally added PFAS and other harmful chemicals.
• Strengthened sustainable packaging requirements, mandating the use of post-consumer recycled content and ensuring that packaging is recyclable or reusable.
• Revised criteria for wipes to include “Do Not Flush” labels that help to prevent damage to wastewater systems.
• New optional criteria for energy efficiency and resource reduction, encouraging the use of less water, renewable energy, and improved energy efficiency.

Design for the Environment

DfE-certified products must adhere to several key requirements:

• Human Health: Products must fall within a specific pH range to minimize skin and eye irritation and exclude ingredients that pose long-term health risks, such as carcinogens or those harmful to children.
• The Environment: Products must meet criteria that reduce their environmental impact, including how quickly chemicals break down and their effect on aquatic life.
• Ingredients: EPA reviews every chemical ingredient, even if it is not intentionally added (e.g., an impurity) or is present in low amounts, before a product can be DfE-certified.
• Product Performance: Sanitizers and disinfectants must demonstrate effectiveness against viruses and bacteria through approved laboratory testing.
• Packaging: Manufacturers must enhance the environmental sustainability of their packaging wherever possible.

More information is available at the Safer Choice program website.

On July 31, 2024, the Environmental Protection Agency (EPA) notified the World Trade Organization of its proposal to designate the following 5 substances as high priority substances under the Toxic Su...

On July 31, 2024, the Environmental Protection Agency (EPA) notified the World Trade Organization of its proposal to designate the following 5 substances as high priority substances under the Toxic Substances Control Act (TSCA) and its implementing regulations: 

• Acetaldehyde (CASRN75–07–0) 

• Acrylonitrile (CASRN107–13–1)  

• Benzenamine (CASRN62–53–3) 

• Vinylchloride (CASRN75–01–4) 

• 4,4-methylenebis(2-chloroaniline) (MBOCA) (CASRN101–14–4) 

 
 
Purpose and Definition of High-Priority Substances 

EPA is seeking public comments on five chemical substances being considered for High Priority Substance status. The comment period is open for 90 days.  

A High Priority Substance is defined as a chemical that may pose an unreasonable risk to health or the environment based on its hazard potential and exposure routes under current conditions of use, without regard to costs or other non-risk factors. 

 
Risk Evaluation Process 

A High Priority designation does not confirm an unreasonable risk, but rather triggers the TSCA risk evaluation process to determine whether the substance actually poses such a risk. Once prioritization is completed, EPA will have evidence of potential harm from the substance. It is important to note that the proposed designation of a chemical substance as high priority does not immediately indicate an unreasonable risk, but rather indicates the need for further evaluation to determine the actual risks associated with the substance. 

Criteria for Assessment 

EPA assesses five possible chemicals by considering their hazard potential, persistence, bioaccumulation, exposure risks, proximity to drinking water sources, production volume, and any significant changes in their use. Other relevant factors may also be considered. The information is sourced from TSCA regulations and scientific standards for hazard and exposure data. The screening process follows the guidelines specified in 40 CFR 702.9(a) and (b) and TSCA Section 6(b)(1)(A), with an emphasis on prioritizing chemicals based on their potential risks to human health and the environment. 

On July 31, 2024, the U.S. Environmental Protection Agency proposed a new rule under the Toxic Substances Control Act (TSCA) to restrict the use of the solvent 1-bromopropane (1-BP), which has been li...

On July 31, 2024, the U.S. Environmental Protection Agency proposed a new rule under the Toxic Substances Control Act (TSCA) to restrict the use of the solvent 1-bromopropane (1-BP), which has been linked to serious health risks, including cancer. This proposed rule, which would ban all but one consumer use and some workplace uses of 1-BP, is part of the Biden-Harris Administration’s ongoing efforts to protect public health. This is the seventh chemical to be addressed under TSCA Section 6(a).

About 1-Bromopropane

1-BP, a common solvent used in cleaning, adhesives, and construction materials, is also found in consumer products such as aerosol degreasers, spot cleaners, and insulation. Exposure to 1-BP can lead to severe health issues, including cancers of the skin, lungs, and intestines; damage to the liver, kidneys, and nervous system; and effects on the reproductive system that may reduce fertility.

Details of the Proposed Rule:

EPA is proposing to ban all consumer uses of 1-BP, with the exception of insulation, as it was found not to pose unreasonable risks to humans.  This ban on consumer uses would start within six months of the final rule and be fully enforced within 15 months.

Additionally, EPA plans to prohibit certain industrial and commercial uses of 1-BP, where safer alternatives are available. This industrial and commercial ban would also take effect six months after the final rule and be fully implemented within 18 months.

The industrial and commercial uses that would be prohibited include:

• Dry cleaning, spot cleaning and stain removers.
• Adhesives and sealants.
• Coin and scissor cleaners.
• Automotive care products used as engine degreasers, brake cleaners and refrigerant flushes.
• Anti-adhesive agents used for mold cleaning and release products.
• Functional fluids used as refrigerants or cutting oils.
• Arts, crafts and hobby materials.

Worker Protections

EPA is proposing enhanced worker protections for industrial and commercial uses of 1-BP that are not banned under the new rule, in support of President Biden’s Cancer Moonshot initiative. The proposed regulations would require non-federal workplaces to implement a Workplace Chemical Protection Program (including an exposure limit) within 12 months for ongoing uses of 1-BP deemed to pose an unreasonable health risk. Additionally, non-federal workplaces would be required to use chemical-resistant gloves for activities such as manufacturing, processing, and disposal. Federal agencies and contractors would be required to meet these standards within three years.

Public Participation

EPA invites public feedback on the proposed 1-BP rule, which will be open for comments for 45 days after its publication in the Federal Register. Members of the public may submit comments to docket EPA-HQ-OPPT-2020-0471 at the Regulations.gov page.

More details on the 1-BP proposal are available here.

On 29 July 2024, the California Department of Public Health (CDPH) published its updated reportable ingredients list (RIL) for cosmetics, adding 29 new ingredients to the list. Reporting Requiremen...

On 29 July 2024, the California Department of Public Health (CDPH) published its updated reportable ingredients list (RIL) for cosmetics, adding 29 new ingredients to the list.

Reporting Requirements under California Cosmetics Legislation

The California Safe Cosmetics Act of 2005 mandates manufacturers to report products containing carcinogenic ingredients to the CDPH. The Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020 mandates reporting of certain fragrance allergens after 1 January 2022.

Fragrance Allergen Reporting Thresholds

Fragrance allergens must be reported when present in a rinse-off cosmetic product at a concentration at or above 0.01 percent (100 parts per million) or in a leave-on cosmetic product at a concentration at or above 0.001 percent (10 parts per million).

California Safe Cosmetics Program Chemical List

The California Safe Cosmetics Program (CSCP) has developed a list of chemicals, including those reportable under the CA Safe Cosmetics Act and the Cosmetic Fragrance and Flavor Ingredient Right to Know Act. The list is available here as a downloadable spreadsheet and includes a fourth tab labelled "Summary of Updates" which shows all ingredients that have been added to or removed from the RIL since the last update.

Manufacturers of cosmetic products in California must report fragrance allergens in Annex III of EU Cosmetics Regulation No. 1223/2009, as required by EU Detergents Regulation No. 21 648/2004, by 2026 or 2028 at the latest, or at any time.

Manufacturers must disclose identified allergens to the California Department of Public Health by the deadlines set by EU law, which are 2026 or 2028, but manufacturers may submit earlier.

On July 30, 2024, the U.S. Environmental Protection Agency (EPA) published preliminary 2023 Toxics Release Inventory (TRI) data, covering chemical releases, waste management, and pollution prevention...

On July 30, 2024, the U.S. Environmental Protection Agency (EPA) published preliminary 2023 Toxics Release Inventory (TRI) data, covering chemical releases, waste management, and pollution prevention from more than 20,000 facilities nationwide. This year, 21 new chemicals were added to the TRI list, including nine per- and polyfluoroalkyl substances (PFAS), following the requirements of 2020 National Defense Authorization Act (NDAA).

Introduction

The Toxics Release Inventory (TRI) monitors the disposal and management of hazardous chemicals to protect human health and the environment. U.S. facilities must annually report the quantities of these chemicals they release, recycle, or treat, along with their waste reduction practices. TRI tracks chemicals that have been linked to cancer, serious health issues, or major environmental damage. The current TRI list includes 794 chemicals and 33 chemical categories.

General Information on the 2023 Preliminary Data

The 2023 preliminary data were reported by facilities in relevant industries that manufactured, processed, or used TRI-listed chemicals in quantities exceeding threshold limits during the year. This data enables the public to:

• Determine the number of TRI facilities operating in specific areas, such as ZIP codes.
• Identify the types and quantities of chemicals managed by these facilities.
• Discover whether any facilities have taken pollution prevention measures in the past calendar year.

While the preliminary data have not yet been fully vetted through the TRI data quality process, the TRI-MEweb reporting software used by facilities includes automated checks to reduce errors. EPA is also performing additional quality reviews to address potential issues and will follow up with facilities as needed. A revised dataset incorporating late and updated submissions will be published in October. This updated data will be used to develop the 2023 TRI National Analysis, which is expected to be released in early 2025.

PFAS-Related Information from the 2023 Preliminary Data

Preliminary data show that facilities handled more than 1.5 million pounds of PFAS-related waste in 2023. In response, EPA has finalized a rule requiring more comprehensive reporting of PFAS by removing previous exemptions for low concentrations. The expanded reporting of PFAS quantities is expected to start with the 2024 TRI data.

Newly Reportable PFAS for the Reporting Year 2023 include:

On July 19, 2024, the Biden-Harris Administration took a significant step to address plastic pollution by releasing a new joint strategy to combat plastic pollution entitled "Mobilizing Federal Actio...

On July 19, 2024, the Biden-Harris Administration took a significant step to address plastic pollution by releasing a new joint strategy to combat plastic pollution entitled "Mobilizing Federal Action on Plastic Pollution: Progress, Principles, and Priorities". The strategy, developed by the Interagency Policy Committee on Plastic Pollution and a Circular Economy (IPC), outlines ongoing and proposed federal actions to combat plastic pollution throughout its lifecycle, from raw material extraction to waste management. It emphasizes the elimination of single-use plastics, with the goal of phasing out federal procurement of such items by 2027 and from all federal operations by 2035.

The strategy focuses on 1) progress made in combating plastic pollution, 2) five guiding principles for federal actions, and 3) priority actions to address plastic throughout its lifecycle.

Progress:

Recent EPA regulations on plastic production support the broader strategy to reduce pollution and protect vulnerable communities. Executive Order 14057 aims to eliminate single-use plastics from federal operations by 2035, significantly reducing demand. The federal government is also targeting single-use plastics through procurement policies, with Secretary Debra Haaland's Order 3407 phasing them out by 2032. The Save Our Seas 2.0 Act will improve waste management infrastructure, while the National Oceanic and Atmospheric Administration’s (NOAA) $70 million funding and the U.S. Agency for International Development’s (USAID) Save Our Seas Initiative focus on marine debris cleanup and international efforts.

Principles:

The strategy focuses on building partnerships across all levels of government to address plastic pollution throughout its lifecycle. It prioritizes environmental justice, respects tribal sovereignty by incorporating indigenous knowledge, uses the best available science to guide decisions and updates, and strengthens federal interagency coordination.

Priorities:

1. Assess and Reduce Pollution from Plastic Production:

• Review and update rules, guidance, labeling, or policies under key legislation such as the Clean Air Act, Clean Water Act, and Occupational Safety and Health Act to address pollution from plastics, polymers and related chemicals.
• Use federal resources to collect and analyze data on plastic pollution volumes, effects, and prevention methods.

2. Innovation in Materials and Product Design: 

• Promote research, development, and deployment activities associated with reuse, recycling, and other circular solutions for products reaching the end of their primary use.
• Encourage alignment with and acceptance of international standards (e.g., International Organization for Standardization (ISO) and ASTM International) for performance or design criteria, labeling and recycling specifications for plastic products, both in the U.S. and globally.

3. Decrease the Generation of Plastic Waste:

• Assess the extent of plastic use in federal operations and identify where alternatives are available.
• Develop strategies to replace, reduce, and phase out unnecessary plastic products, including addressing single-use plastics and updating procurement policies.
• Launch a nationwide public awareness campaign to educate Americans on plastic pollution, management, alternatives, and reduction actions.

4. Improve Environmentally Sound Waste Management:

• Support the development, deployment of, and investment in technologies and infrastructure for plastic waste collection, recycling, disposal, source separation, and industrial composting.
• Identify and measure pathways by which plastic pollution enters and persists in the environment.
• Examine and improve U.S. exports of plastic waste and scrap to prevent it from becoming plastic pollution.
• Explore potential ways to illustrate support for U.S. ratification of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.

5. Inform and Conduct Capture and Removal of Plastic Pollution. The final stage of action addresses existing plastic pollution in terrestrial and aquatic ecosystems:

• Develop standardized methods for the collection, extraction, quantification, and physical and chemical characterization of microplastics and nanoplastics.
• Support the removal and proper disposal of marine debris, plastic pollution and derelict fishing gear.
• Share and deploy best practices, policies, guidance, lessons learned and technologies for trash interception.