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Register Now For "31st Annual Green Chemistry Challenge Awards: New Categories and Expanded Opportunities," December 4, 2025, 11:00 a.m. – 12:00 p.m. (EST), via webinar
Bergeson & Campbell, P.C. (B&C®) and the American Chemical Society (ACS) are pleased to present "31st Annual Green Chemistry Challenge Awards: New Categories and Expanded Opportunities." During this webinar, Richard E. Engler, Ph.D., Director of Chemistry at B&C and former leader of the U.S. Environmental Protection Agency's (EPA) Green Chemistry Program; Lynn L. Bergeson, Managing Partner of B&C; Adelina Voutchkova, Ph.D., Director of Sustainable Development at ACS and leader of the ACS Green Chemistry Institute®; and Edmond Lam, Ph.D., Assistant Director of the ACS Green Chemistry Institute, will discuss the new opportunities available in this year's awards, provide guidance and tips on preparing a strong awards entry package, and provide case studies on how past entrants have found investment, forged partnerships, and enhanced their market position as a result of their participation in the Green Chemistry Challenge Awards. Register now.
TSCA/FIFRA/TRI
EPA Releases Reports As Part Of Agency Efforts To Optimize Pesticide Registration Processes
On October 9, 2025, as part of the reauthorization mandates of the Pesticide Registration Improvement Act of 2022 (PRIA 5), EPA announced the availability of two reports prepared from the result of third-party audits that evaluated pesticide registration processes and functions conducted by EPA. According to EPA, the first report provides the results of the audit that focused on assessing the operational performance of EPA's Office of Pesticide Programs (OPP) and provides recommendations for improvement. The second report evaluates the gaps in OPP's training and education necessary to support its regulatory mission and implementation of PRIA 5. EPA states that it is sharing this information in an effort to improve the registration process for pesticide registrants and other stakeholders and to align with Administrator Zeldin's goals for enhanced efficiency and accountability. An independent workforce assessment to evaluate the adequacy of staffing resources, also required under PRIA 5, will be conducted next year. More information is available in our October 21, 2025, blog item.
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 Woodruff, Professor and Director, Program on Reproductive Health and the Environment, University of California, San Francisco (written testimony).
For more information on the hearing, please read the full memorandum.
EPA Modifies SNURs For Certain Chemical Substances
On October 28, 2025, EPA proposed to amend the significant new use rules (SNUR) for certain chemical substances that were the subject of one or more premanufacture notices (PMN), a Microbial Commercial Activity Notice (MCAN) for one substance, and in some cases, significant new use notices (SNUN). 90 Fed. Reg. 48717. This action would amend the SNURs to allow certain new uses reported in the SNUNs or PMNs without additional notification requirements, modify the significant new use notification requirements based on the actions and determinations for the SNUN or PMN submissions or based on the examination of new test data or other information, and make technical amendments to several SNURs. EPA states that it is proposing the amendments based on its review of new and existing data for the chemical substances. Comments are due November 28, 2025.
EPA Issues Proposed SNURs For Certain Chemical Substances
On November 3, 2025, EPA proposed three batches of SNURs for certain chemical substances that were the subject of PMNs and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 49016, 90 Fed. Reg. 49148, and 90 Fed. Reg. 49180. The SNURs 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 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 are due December 3, 2025.
EPA Posts FAQs Regarding Pesticides Containing A Fluorinated Carbon
EPA has posted a web page entitled "Pesticides Containing a Fluorinated Carbon." EPA states that among other classes of pesticides, it "occasionally receives and evaluates registration applications for products containing one or more fluorinated carbons." According to EPA, per- and polyfluoroalkyl substances (PFAS) are defined "in certain contexts" as substances containing two or more fluorinated carbons, and in others as substances containing one or more fluorinated carbons. EPA notes that to date, it has not adopted a particular definition for OPP "because each substance is evaluated on a chemical-specific basis regardless of classification. " The web page includes a list of frequently asked questions (FAQ) regarding pesticidal substances containing a fluorinated carbon and how EPA evaluates them. EPA intends the FAQs to inform the public better about EPA's gold-standard science pesticide registration process. More information is available in our November 14, 2025, blog item.
EPA Issues Final SNURs For Certain Chemical Substances
On November 4, 2025, EPA issued final SNURs under TSCA for certain chemical substances that were the subject of PMNs and are also subject to an Order issued by EPA pursuant to TSCA. 90 Fed. Reg. 49218. The SNURs require persons to notify EPA at least 90 days before commencing the manufacture (defined by statute to include import) or processing of any of these chemical substances for an activity that is designated as a significant new use in the SNUR. The required notification initiates EPA's evaluation of the conditions of that use for that chemical substance. EPA notes that 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 SNURs will be effective January 5, 2026.
EPA Reschedules November 18, 2025, SACC Preparatory Meeting For D4 Risk Evaluation And Extends Comment Period
On November 13, 2025, EPA rescheduled the November 18, 2025, preparatory meeting for the Science Advisory Committee on Chemicals (SACC). 90 Fed. Reg. 50943. The meeting to consider the scope and clarity of the draft charge questions for SACC's peer review of EPA's draft risk evaluation for octamethylcyclotetrasiloxane (D4) will now be held virtually on December 1, 2025. Registration for the meeting is open. To present oral comments during the preparatory meeting, stakeholders must register by 12:00 p.m. (EST) on November 24, 2025, and submit a written version of oral comments by 12:00 p.m. (EST) on November 28, 2025. EPA has not rescheduled the December 2-5, 2025, SACC peer review meeting to discuss the D4 draft risk evaluation and technical support documents at this time. Registration is open.
Additionally, EPA extended the comment period on the D4 draft risk evaluation by 15 days. 90 Fed. Reg. 50944. Comments are due December 2, 2025. After EPA considers public comments and recommendations, it will issue a final risk evaluation that includes its determination as to whether D4 represents an unreasonable risk of injury to human health or the environment.
EPA Extends Compliance Dates For Laboratories Using Methylene Chloride
EPA published on November 13, 2025, a final rule extending the compliance date for laboratories using methylene chloride to ensure long-term compliance with the requirements of the May 2024 final risk management rule. 90 Fed. Reg. 50894. According to EPA's November 10, 2025, press release, the final rule will extend the Workplace Chemical Protection Program (WCPP) compliance dates for non-federal laboratories by an additional 18 months, aligning them with the dates required for federal laboratories and their contractors in the May 2024 final rule. EPA states that it received comments on the May 2025 proposed rule from various laboratories that use methylene chloride. Most commenters supported extending the WCPP compliance timeframes for non-federal laboratories. EPA notes that many of these laboratories, "which use methylene chloride in small quantities and somewhat infrequently, expressed challenges in completing the May 2024 methylene chloride rule's requirements across potentially hundreds of laboratories within the short timelines prescribed in the 2024 rule." The final rule will extend the following compliance dates for non-federal laboratories:
- For initial monitoring: from May 5, 2025, to November 9, 2026.
- For establishing regulated areas and ensuring compliance with the Existing Chemical Exposure Limit (ECEL): from August 1, 2025, to February 8, 2027.
- For ensuring the methods of compliance as well as developing and implementing an exposure control plan: from October 30, 2025, to May 10, 2027.
More information on EPA's 2024 final risk management rule is available in our May 17, 2024, memorandum. The final rule will be effective December 15, 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, EPA issued a proposed rule to amend the TSCA Section 8(a)(7) regulation for reporting and recordkeeping requirements for 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 related to chemical identity, uses, volumes made and processed, byproducts, environmental and health effects, worker exposure, and disposal to EPA. The proposed rule would incorporate exemptions to the scope of reportable manufacturing activities for a de minimis exemption of 0.1 percent; imported articles; byproducts; impurities; research and development (R&D); and non-isolated intermediates. According to EPA's proposed rule, these exemptions "would maintain important reporting on PFAS, consistent with statutory requirements, while exempting reporting on activities about which manufacturers are least likely to know or reasonably ascertain." Comments are due December 29, 2025. According to the proposed rule, comments on the information collection provisions of this proposed rule under the Paperwork Reduction Act (PRA) must be received by the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) on or before December 15, 2025. For more information, please read the full memorandum.
EPA Releases Draft TSCA Risk Evaluation For 1,2-Dichloroethane
EPA announced on November 14, 2025, the release of its draft risk evaluation for 1,2-dichloroethane (also known as ethylene dichloride) under TSCA. EPA states that it is preliminarily determining that 1,2-dichloroethane presents unreasonable risk of injury to human health driven by inhalation and dermal risks to workers and inhalation risks to occupational non-users (ONU) from 15 conditions of use (COU). EPA is also preliminarily determining that 1,2-dichloroethane presents an unreasonable risk to the environment driven by chronic exposure to aquatic invertebrates via surface water and sediment exposures from two COUs. EPA notes that it did not preliminarily identify a risk of injury to human health or the environment from five other COUs evaluated for 1,2-dichloroethane. For COUs with unreasonable risk to workers, these preliminary risk determinations do not reflect the use of personal protective equipment (PPE); as the draft risk evaluation shows, however, the use of PPE may reduce exposures to and mitigate risk from 1,2-dichloroethane. EPA is preliminarily determining that 1,2-dichloroethane exposure to consumers or the general population, associated with any COU, does not significantly contribute to unreasonable risk of injury to human health. EPA will announce the availability of the draft risk evaluation in the Federal Register, beginning a 60-day comment period.
EPA Extends Postponement Of Effective Date Of Certain Provisions Of Final TCE Risk Management Rule
On November 14, 2025, EPA further postponed the effective date of the TSCA Section 6(g) exemption requirements in the final risk management rule for tricholoroethylene (TCE) until February 17, 2026. 90 Fed. Reg. 51027. According to EPA's November 13, 2025, press release, "[t]his will ensure that the timing of EPA's administrative stay aligns with the court's timeframe for this action." EPA's December 17, 2024, final rule prohibits all uses of TCE, most of which were prohibited by September 15, 2025, including TCE manufacturing and processing for most commercial uses and all consumer products. EPA has received multiple petitions for review of the final rule.
RCRA/CERCLA/CWA/CAA/PHMSA/SDWA
EO Exempts Certain Stationary Sources From Compliance With Amended NESHAP For Primary Copper Smelting Major And Area Source Categories
President Trump signed an Executive Order (EO) on October 24, 2025, on "Regulatory Relief for Certain Stationary Sources To Promote American Mineral Security." 90 Fed. Reg. 49211. The EO exempts certain stationary sources from compliance with the May 2024 Residual Risk and Technology Review (RTR) conducted for the Primary Copper Smelting major source category national emission standards for hazardous air pollutants (NESHAP). The amended NESHAP imposes new emissions-control requirements on primary copper smelters. Under the EO, certain stationary sources are exempt from compliance for a period of two years beyond the amended NESHAP's relevant compliance dates. According to the EO, the effect of the exemption is that, during each such two-year period, the stationary sources will be subject to the emissions and compliance obligations that they are currently subject to under the applicable standard as that standard existed prior to the May 2024 NESHAP.
FDA
FDA Postpones Food Allergen Meeting
On October 23, 2025, the U.S. Food and Drug Administration (FDA) announced the postponement of the virtual public meeting originally scheduled for November 18, 2025, and the listening sessions on November 19 – 20, 2025, regarding food allergen thresholds and their potential applications in the United States. The postponement is due to a lapse in appropriations. FDA will advise when the events are rescheduled.
NANOTECHNOLOGY
Survey On Assessment Of Health And Environmental Hazards And Risks Of Surface-Treated Nanomaterials Closed October 31, 2025
The European Union (EU) Observatory for Nanomaterials (EUON) has contracted the Nanotechnology Industries Association (NIA) and Yordas Group to undertake a study on the assessment of health and environmental hazards and risks of surface-treated nanomaterials. The aim of the study is to review and collect scientific information and data on how surface treatment can affect the properties of nanomaterials and potentially have an impact on their fate and potential risks. The survey closed October 31, 2025. Bergeson & Campbell, P.C. is a proud member of the NIA.
OECD Preparing Guidance On In Vitro Testing For Intestinal Fate Of Orally Ingested Nanomaterials
The Organisation for Economic Co-operation and Development (OECD) has published a draft guidance document on in vitro testing for intestinal fate of orally ingested nanomaterials. According to OECD, the new guidance document "would establish a conceptual framework and procedures for determining intestinal fate of orally ingested nanomaterials using an integrated in vitro approach simulating the human [gastrointestinal tract] environment." The primary objective of the draft guidance document is to provide drivers to identify the most appropriate two-step approach to investigate fate and internalization of different nanomaterials after ingestion. OECD invited interested parties to contact their National Coordinators at least a week before November 10, 2025.
EC Begins A Public Consultation To Collect Evidence On Upcoming Advanced Materials Act
On October 21, 2025, the European Commission (EC) announced that it has called for evidence and begun a public consultation on the upcoming Advanced Materials Act, "a key initiative under the Competitiveness Compass." According to the EC, the Act will establish a strategic framework for the development, deployment, and production of advanced materials. The EC states that advanced materials "are intentionally designed and engineered materials with innovative properties and functionalities, which can be used in products from wearable electronic devices to electric vehicles." Responses are due January 13, 2026. More information is available in our October 22, 2025, blog item.
UK NanoSafety Group Publishes Updated Guidance On Working Safely With Nanomaterials
The United Kingdom (UK) NanoSafety Group (UKNSG) has published the third edition of its guidance entitled "Working Safely with Nanomaterials in Research & Development." The guidance is intended to provide help and support to research laboratories in industry, research, and training organizations and academia on how to comply with their occupational health and safety legal obligations. The guidance also includes additional information to help improve health and safety systems when working with nanomaterials.
EC Requests Scientific Opinion On The Safety Of Hydrated Silica (Nano), Pyrogenic Silica (Nano), Silica Silylate (Nano), And Silica Dimethyl Silylate (Nano)
The Scientific Committee on Consumer Safety (SCCS) announced on October 30, 2025, that the EC requested a scientific opinion on the safety of hydrated silica (nano), pyrogenic silica (nano), silica silylate (nano), and silica dimethyl silylate (nano). The request states that given the continued and widespread use of these silica materials in cosmetic products, and in view of the previous inconclusive assessments by SCCS and the new submission of safety data by industry, the EC finds it necessary to revisit the safety of these materials, specifically in their nano forms. More information is available in our November 6, 2025, 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/.
LEGISLATIVE
Senate Bill Would Improve FDA's Oversight Of Ingredient Disclosures And Reviews
On November 6, 2025, Senator Roger Marshall, M.D. (R-KS) introduced the Better Food Disclosure Act (S. 3122), legislation that would seek to improve FDA's oversight of ingredient disclosures and reviews, and require food companies to report the ingredients that they put in their food supply to the agency. According to Marshall's November 6, 2025, press release, the legislation also seeks to strengthen FDA's post-market review process by allowing state government officials and other concerned stakeholders to petition FDA to review the safety of an ingredient that is currently in the food supply, such as food dyes, additives, and other food substances not reported to the federal government.
MISCELLANEOUS
Senate Committee Advances Nominations For Jeffrey Hall And Douglas Troutman
On October 29, 2025, the Senate Committee on Environment and Public Works favorably reported several nominations, including Jeffrey Hall to be an Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance (OECA) and Douglas Troutman to be Assistant Administrator for Toxic Substances at EPA, each by a vote of ten to nine along party lines. The Committee considered Hall's nomination during a July 23, 2025, hearing, during which Committee Chair Shelley Moore Capito (R-WV) asked Hall about his plans to improve Superfund cleanups. According to the Committee's July 23, 2025, press release, Hall responded that Superfund enforcement will continue to be a priority and that EPA will "continue to use all the tools available and push it forward." During an October 8, 2025, hearing, the Committee considered Troutman's nomination. The Committee's October 8, 2025, press release states that Capito asked Troutman what specific reforms he would pursue to achieve "both faster [new chemical] reviews and predictably, commercially viable outcomes." Troutman testified that "EPA needs to ensure that the reviews of new chemicals are timely, using the best available science, and to follow the statutory instructions provided by Congress." Troutman noted that "there are new resources coming to the office of chemical safety and pollution prevention, both in new team members, but also in additional resources, such as technological resources, IT resources, which we appreciate from Congress to speed up those reviews and to make sure they are done in a timely manner." Both nominations will now be considered by the full Senate.
PEER Files IQA Request To Correct EPA Claim That PFOA Has Been Phased Out
On October 29, 2025, Public Employees for Environmental Responsibility (PEER) announced that it filed an Information Quality Act (IQA) request with EPA regarding statements on EPA's website that perfluorooctanoic acid (PFOA) has been phased out of domestic production. According to PEER, two EPA publications on its website contain erroneous information about PFOA:
- "EPA Questions and Answers about Designation of PFOA and PFOS as Hazardous Substances under CERCLA."
More information is available in our November 6, 2025, blog item.
New Mexico Posts PFAS Protection Act Labeling Requirements FAQs
The New Mexico Environment Department (NMED) has posted FAQs regarding New Mexico's PFAS Protection Act labeling requirements. As reported in our October 15, 2025, memorandum, NMED petitioned New Mexico's Environmental Improvement Board (EIB) to adopt a proposed rule to implement the PFAS Protection Act, including labeling requirements, and EIB voted to proceed with the rulemaking during its October 24, 2025, meeting. According to the FAQs, NMED has no plan to extend the January 1, 2027, deadline for the proposed labeling requirement. More information is available in our November 5, 2025, blog item.
Litigation Under Oregon's Packaging EPR Law: What Producers Should Know
The state of Oregon's packaging and paper Extended Producer Responsibility (EPR) program, enacted in 2021, has progressed into its enforcement stage. With the first fee obligations and real-world compliance deadlines now in place, the risk of litigation under and against the program has transitioned from theoretical to real. In July 2025, a major trade association, National Association of Wholesaler-Distributors (NAW), filed a constitutional challenge to Oregon's law, raising issues that are expected to reverberate across other states implementing similar frameworks. For an overview of the statutory foundation of Oregon's EPR program, highlights from the pending NAW litigation, and strategic implications for producers operating in multiple states, please read the November 14, 2025, full memorandum.
EPA Publishes Proposed And Direct Final Rules To Conform EPCRA Hazardous Chemical Inventory Reporting Requirements To 2024 OSHA HCS
On November 17, 2025, EPA published proposed and direct final rules to conform the Emergency Planning and Community Right-to-Know Act (EPCRA) hazardous chemical inventory reporting regulations to the U.S. Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS) amendments of 2012 and 2024. 90 Fed. Reg. 51266 and 90 Fed. Reg. 51187. EPA notes that EPCRA and its regulations rely on OSHA's HCS for the definition of a hazardous chemical and for the categories of health and physical hazards that must be reported under the hazardous chemical inventory regulations. The rules would conform the terminology used and information that must be reported on the hazardous chemical inventory forms to the HCS amendments, improving first responder and community safety, reducing discrepancies and confusion, preventing interpretation burdens on facilities when using (material) safety data sheets to complete annual hazardous chemical inventory reports, and improving clarity. EPA intends to implement the proposed amendments as a direct final rule without a prior proposed rule. If EPA receives no adverse comment, it will not take further action on the proposed rule. Comments on the proposed rule are due December 17, 2025. EPA notes that comments on the information collection provisions of the proposed rule under the PRA must be received by OMB on or before December 17, 2025. The final rule will be effective January 16, 2026, unless EPA receives adverse comment by December 17, 2025.
Senate Committee Will Hold Hearing To Examine The Future Of PFAS Cleanup And Disposal Policy
On November 19, 2025, the U.S. Senate Committee on Environment and Public Works will hold a hearing examining PFAS cleanup and disposal policy. The Committee is scheduled to hear from the following witnesses:
- Eric Gerstenberg, Co-CEO, Clean Harbors;
- Leah Pilconis, General Counsel, Associated General Contractors of America; and
- Kate R. Bowers, Supervisory Attorney, Congressional Research Service.
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