Recent Federal Developments For April 2026

Richard J. Fehir, Ph.D. Joins Bergeson & Campbell, P.C. And The Acta Group

Bergeson & Campbell, P.C. (B&C^®) and The Acta Group (Acta^®) are pleased to announce that Richard (Rick) J. Fehir, Ph.D. has joined our firms as Senior Chemist/Regulatory Scientist. Dr. Fehir joined B&C and Acta after a distinguished 17-year career at the U.S. Environmental Protection Agency (EPA), during which he provided science and regulatory leadership across three major regulatory frameworks: the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Pesticide Registration Improvement Act (PRIA). Read more.

Register Now For “TSCA Reform – 10 Years Later” Hybrid Live And Virtual Conference, 9:00 a.m. – 5:30 p.m. (EDT), June 10, 2026

Complimentary registration is now open for the tenth annual TSCA Reform Conference on the George Washington University Campus in Washington D.C. Leading panelists will reflect on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments ten years ago and will discuss where TSCA stands today. This event is presented by B&C, the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health. Please check ELI’s event page in the coming weeks for more information, including a detailed agenda, panelist information, and more.

On-Demand Webinar: “TSCA CBI Re-substantiation: When, Why, and How to Prepare”

B&C is pleased to share an on-demand recording of “TSCA CBI Re-substantiation: When, Why, and How to Prepare,” a complimentary webinar presented by Lynn L. Bergeson, Managing Partner, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Ryan N. Schmit, Of Counsel, B&C. During this webinar, the presenters cover how EPA intends to provide the statutorily required notices of expiring Confidential Business Information (CBI) claims; the systems, processes, and criteria to request an extension; and the practical steps companies should be taking now to prepare. Watch now.

On-Demand Webinar: “PFAS in consumer products: a multi-state compliance guide”

B&C is pleased to share an on-demand recording of “PFAS in consumer products: a multi-state compliance guide,” a complimentary Lexology Masterclass focused on analyzing per- and polyfluoroalkyl substances (PFAS) reporting frameworks at the federal and state level, as well as state notification, restriction, and prohibition requirements. During this webinar, Lynn L. Bergeson; Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist, B&C; and Carla N. Hutton, Senior Regulatory Analyst, B&C, review jurisdictional divergence in PFAS regulation to better navigate emerging PFAS initiatives so that participants can integrate more holistically divergent governance standards to anticipate and avoid market access limitations. Watch now.

Richard E. Engler, Ph.D. To Speak On The Evolving Landscape Of Federal Rulemaking At The ABA SEER 55th Spring Conference

The ABA SEER Spring Conference, planned for April 22–24, 2026,in Minneapolis, MN, provides dynamic insights and forward-thinking dialogue on the present and future of environmental, energy, and resources law and regulation. Richard E. Engler, Ph.D. will participate in the “But, wait, there’s less! Science in Rulemaking: Navigating Challenges and Innovations” panel on April 23, 2026. This panel will explore the current state of science and technology in federal rulemaking, focusing on the impact of recent cuts and reassignments of agency scientists.

Richard E. Engler, Ph.D. And Ryan N. Schmit To Provide TSCA Update At HCPA’s 2026 Mid-Year Meeting

HCPA’s Mid-Year Meeting, scheduled for May 12-14, 2026, in Washington, D.C., focuses on the public policy issues that impact the household and commercial products industry. Richard E. Engler, Ph.D. and Ryan N. Schmit will present “TSCA Roundup – Latest from EPA, Congress, and the Courts” on May 13, 2026, and B&C is a proud sponsor of this meeting.

TSCA/FIFRA/TRI

EPA Proposes To Extend Compliance Dates For PCE And CTC TSCA Risk Management Rules

On March 27, 2026, EPA proposed extending certain compliance dates in the December 2024 final risk management rules for perchloroethylene (PCE) and carbon tetrachloride (CTC) under TSCA. 91 Fed. Reg. 14790. EPA is proposing to extend certain Workplace Chemical Protection Program (WCPP) compliance dates for non-federal owners and operators to match the compliance dates for federal agencies and their contractors. For both PCE and CTC, this proposal would extend the compliance date for initial monitoring for inhalation exposure to June 21, 2027, and extend the compliance date to meet the existing chemical exposure limit (ECEL), establish a regulated area, provide any required respiratory personal protective equipment (PPE), and establish a respiratory PPE program to September 20, 2027. For PCE, EPA is also proposing to extend the compliance date for non-federal entities to establish and implement an exposure control plan to December 20, 2027. Comments must be received on or before April 27, 2026. More information is available in our March 25, 2026, memorandum.

EPA Proposes Extending Deadline For TSCA Section 8(d) Health And Safety Data Reporting

On March 30, 2026, EPA proposed extending the reporting deadline for the Health and Safety Data Reporting Rule under TSCA by one year to May 21, 2027. 91 Fed. Reg. 15582. According to EPA, it intends the proposed extension to delay compliance with the one-time reporting rule during EPA’s ongoing reconsideration of the rule. EPA states that it is not reopening or reconsidering provisions of the underlying regulations other than the submission deadline. The December 13, 2024, final reporting rule requires manufacturers (including importers) of the following 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA:

• 4,4-Methylene bis(2-chloraniline);

• 4-tert-octylphenol(4-(1,1,3,3-Tetramethylbutyl)-phenol);

• Acetaldehyde;

• Acrylonitrile;

• Benzenamine;

• Benzene;

• Bisphenol A (BPA);

• Ethylbenzene;

• Naphthalene;

• Vinyl chloride;

• Styrene;

• Tribromomethane (bromoform);

• Triglycidyl isocyanurate;

• Hydrogen fluoride;

• N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD); and

• 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone).

Comments on the proposed extension are due April 29, 2026. More information on the final reporting rule is available in our December 23, 2024, memorandum.

EPA Seeks Comments On Candidates For SACC Membership

EPA announced on April 6, 2026, that it has opened a public comment period to request input on candidates currently under consideration for membership to the Science Advisory Committee on Chemicals (SACC). According to EPA, SACC has one vacant membership term and ten membership terms expiring out of the 19 current memberships. EPA seeks public comments on individuals who have been nominated by the public to assist in making SACC membership decisions by June 2026. The full committee will consist of up to 20 members, including the SACC Chair. Comments are due April 21, 2026. EPA states that, consistent with the Administration’s commitment to “radical transparency,” biographies for all candidates are available via docket EPA-HQ-OPPT-2025-3624.

EPA Releases Draft Risk Evaluations And Draft Hazard Assessments And Supporting Documents For Four Chemicals

EPA announced on April 10, 2026, that it is advancing its review of four chemicals under TSCA — 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), phthalic anhydride, o-dichlorobenzene (oDCB), and p-dichlorobenzene (pDCB) — by releasing draft documents related to the review of these chemicals and convening a SACC peer review meeting. According to EPA, these chemicals are found in fragrances, paints, coatings, cleaners, and industrial processes, “meaning decisions in these cases can directly affect the air we breathe at work and at home.” EPA released the draft risk evaluations for HHCB and phthalic anhydride and the draft hazard assessments and supporting documents for oDCB and pDCB. EPA states that these draft documents are now available for public comment and independent scientific peer review — “two essential steps in ensuring the integrity, radical transparency, and quality of EPA’s chemical safety assessments.” On June 8-12, 2026, EPA will hold a virtual public meeting of SACC to review the draft risk evaluations for HHCB and phthalic anhydride and technical support documents for pDCB and oDCB. EPA will also hold a preparatory virtual public meeting on May 26, 2026, for SACC and the public to consider and ask questions regarding the scope and clarity of the draft charge questions that will be used in the peer review meeting. To have comments on the draft risk evaluations, draft hazard assessments, and technical support documents considered by SACC, comments must be submitted by May 29, 2026. 91 Fed. Reg. 19131. Comments on the draft risk evaluations for HHCB and phthalic anhydride are due to EPA by June 15, 2026. 91 Fed. Reg. 19134. More information will be available in a forthcoming memorandum.

EPA Postpones Start Of Reporting Period For TSCA Section 8(a)(7) PFAS Reporting Rule

On April 13, 2026, EPA postponed the start of the reporting period for the PFAS reporting and recordkeeping rule issued under Section 8(a)(7) of TSCA. 91 Fed. Reg. 18786. The submission period will begin on January 31, 2027, or 60 days following the effective date of a forthcoming final rule on the substantive requirements of the PFAS reporting rule, whichever is earlier. As reported in our November 13, 2025, memorandum, EPA proposed in November 2025 to amend the TSCA Section 8(a)(7) regulation, which 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. EPA intends to issue a final substantive rule “well before that fallback date [of January 31, 2027,] and expects to later remove this fallback date with the final revisions rule, regardless of whether EPA ultimately decides to finalize all, some, or none of the proposed substantive revisions” to the PFAS reporting rule. The final rule postponing the submission period was effective April 13, 2026.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Proposes To Amend Commercial Sterilization Facilities NESHAP

EPA announced on March 12, 2025, that it was reconsidering the 2024 National Emission Standards for Hazardous Air Pollutants (NESHAP): Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review. Based on its reconsideration of the residual risk and technology review in the 2024 final rule, EPA proposed on March 17, 2026, to amend the Commercial Sterilization Facilities NESHAP. 91 Fed. Reg. 12700. EPA states that the amendments would rescind the risk based standards, revise the standard for new aeration room vents that resulted from the technology review, revise the compliance demonstration requirements, and rescind a requirement related to permanent total enclosure (PTE). The proposed rule also includes technical corrections and clarifications to the Commercial Sterilization Facilities NESHAP and Performance Specification 19 to address erroneous cross-references, omissions of text, and typographical errors in the regulatory text that EPA identified after publication of the 2024 final rule. EPA held a virtual public hearing on April 1, 2026. Comments are due May 1, 2026. According to EPA, under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy on or before April 16, 2026.

EPA Amends NESHAP For Polyether Polyols Production Source Category

EPA published a final rule on March 18, 2026, amending the NESHAP for the Polyether Polyols (PEPO) Production source category (PEPO NESHAP) under Clean Air Act (CAA) Section 112. 91 Fed. Reg. 13116. EPA states that it is issuing certain ethylene oxide-specific standards in final pursuant to CAA Section 112(d)(6) rather than issuing the proposed second residual risk review and corresponding amendments pursuant to CAA Section 112(f)(2) in final. In addition, EPA is taking final action addressing certain issues raised in an administrative petition for reconsideration. Lastly, EPA is promulgating maximum achievable control technology (MACT) standards for certain emission points, work practice standards for certain activities where alternatives are appropriate, performance testing requirements once every five years for certain process vents, and electronic reporting requirements for performance test reports, flare management plans, and periodic reports. The final rule was effective March 18, 2026.

EPA Announces Final Regulatory Determinations For Contaminants On Fifth CCL

EPA announced on March 19, 2026, final regulatory determinations for nine contaminants listed on the fifth Contaminant Candidate List (CCL). 91 Fed. Reg. 13227. Specifically, EPA made final determinations not to regulate 2-aminotoluene, cylindrospermopsin, ethoprop, microcystins, molybdenum, permethrin, profenofos, tebuconazole, and tribufos. The Safe Drinking Water Act (SDWA) requires EPA to make regulatory determinations every five years on at least five unregulated contaminants. A regulatory determination is a decision about whether or not to begin the process to propose and promulgate a national primary drinking water regulation (NPDWR) for an unregulated contaminant.

EPA Amends NESHAP For Chemical Manufacturing Area Source Categories

On April 1, 2026, EPA amended the NESHAP for the Chemical Manufacturing Area Source (CMAS) categories pursuant to a technology review under CAA Section 112(d)(6). 91 Fed. Reg. 16502. Specifically, EPA issued final new leak detection and repair (LDAR) requirements for equipment leaks and heat exchange systems in organic hazardous air pollutant (HAP) service. In addition, EPA is taking final action to add standards for pressure relief devices (PRD) and pressure vessels; require electronic reporting for notification of compliance status (NOCS), performance test reports, and periodic reports; and require continuous performance testing of non-flare air pollution control devices (APCD). EPA did not adopt the proposed area source category for chemical manufacturing with ethylene oxide or related standards at this time. The final rule was effective April 1, 2026.

EPA Proposes To Add Refrigerant To List Of Substitutes Under SNAP Program In Refrigeration And Air Conditioning And Fire Suppression

Pursuant to EPA’s Significant New Alternatives Policy (SNAP) program, on April 6, 2026, EPA proposed to list the refrigerant 2,3,3,3-tetrafluoropropene, also known as HFO-1234yf, as acceptable, subject to use conditions, in the motor vehicle air conditioning end-use for retrofit of heavy-duty pickup trucks and complete heavy-duty vans. 91 Fed. Reg. 17176. This action supplements EPA’s November 10, 2025, proposal with respect to the proposed listings in the motor vehicle air conditioning end-use for retrofit of heavy-duty pickup trucks and heavy-duty vans (both complete and incomplete vans). EPA also supplemented that proposal to clarify the intended scope of that proposed rule. EPA is providing an opportunity for public comment on the additional listing and the clarification. EPA notes that it is not reopening the comment period for any portions of the November 10, 2025, proposal that are not explicitly addressed in this supplemental proposal. Comments on the supplemental proposal are due May 6, 2026, unless a public hearing is held. According to EPA, if a public hearing is held, comments on this supplemental proposal must be received 30 days after the date of the public hearing.

EPA Looks To Evaluate Microplastics Under The Safe Drinking Water Act

On April 6, 2026, EPA released the draft of its sixth CCL issued under SDWA, including for the first time microplastics as a priority contaminant group. 91 Fed. Reg. 17186. Inclusion on the List indicates that the chemical or group of chemicals warrants consideration for regulation under SDWA. This sixth iteration of the CCL contains 75 chemicals, four chemical groups, and nine microbes. EPA will evaluate the groups and certain individual chemicals within the groups using available data. Comments on the draft CCL are due June 5, 2026. For more information on the draft CCL, please read our April 13, 2026, memorandum.

EPA Initiative Intends To Help Address Proactively PFAS In Drinking Water

EPA announced on April 14, 2026, a new initiative called PFAS OUTreach — or PFAS OUT. According to EPA, the new effort proactively works with communities and water systems to reduce exposure to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water, “years ahead of compliance with federal regulatory requirements.” EPA states that it aims to engage directly about 3,000 drinking water systems nationwide that have known challenges with PFOA and PFOS, “ensuring they are aware of the support available to them” (approximately two percent of water systems). All water systems will be able to access PFAS OUT resources and can secure technical assistance through EPA’s RealWaterTA.

FDA

FDA Delays Approvals For Color Additives

On March 24 2026, the U.S. Food and Drug Administration (FDA) announced that the effective dates for amending the color additive regulations to provide expanded uses of beetroot red, 91 Fed. Reg. 13965, and spirulina ( Arthrospira platensis) extract, 91 Fed. Reg. 13966, have been delayed indefinitely. FDA notes that “[t]he delay of the effective date is required by law following the filing of timely objections and a request for a hearing on the final order” and “[t]his announcement does not reflect a change in our determination that there is a reasonable certainty of no harm from the use of this color additive under the conditions of its intended use.” FDA intends to announce “a new effective date or other administrative action on the order” in the Federal Register.

Proposed Amendment To Remove Solvents For Color Additives

On April 1, 2026, FDA announced the filing of a Color Additive Petition submitted by the International Association of Color Manufacturers (IACM) proposing that FDA amend the color additive regulations to no longer permit use of the solvents methylene chloride, trichloroethylene, and ethylene dichloride for preparing certain color additives because these uses have been permanently abandoned. 91 Fed. Reg. 16169. If granted, FDA would amend the following regulations:

• Sections  73.30 (21 C.F.R. § 73.30, “Annatto extract”), 73.345 (21 C.F.R. § 73.345, “Paprika oleoresin”), and 73.615 (21 C.F.R. § 73.615, “Turmeric oleoresin”) to remove methylene chloride, trichloroethylene, and ethylene dichloride as permitted extraction solvents; and

• Section  73.1 (21 C.F.R. § 73.1, “Diluents in color additive mixtures for food use exempt from certification”) to remove methylene chloride as a permitted diluent.

FDA is accepting comments until June 1, 2026.

NANOTECHNOLOGY

FDA’s Human Foods Program Research Needs Include Assessing Nanoparticles

FDA’s Human Food Program (HFP) has prepared a list of priority research, data, and method needs that, if fulfilled, will help FDA better understand the underlying factors that may cause or contribute to health risks from HFP-regulated products. FDA states that it provided these research, data, and method needs for researchers interested in pursuing science that is useful to advancing the safety of the U.S. food supply. According to FDA, the list may also be helpful for writing grants to agencies that fund food safety research, such as the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture, the National Institutes of Health, and others identified through Grants.gov. The list includes the following topics regarding the impact of manufacturing procedures, practices, and processes on risk:

• Determine the impact of nanoparticle type, polymer composition, food composition, and processing on nanoparticle migration; and

• Study the impact of polymer polarity, nanoparticle composition, and emerging food sterilization processes (such as e-beam irradiation) on the quantity and form of nanoparticle-derived material that migrates from packaging materials.

FDA states that it will update the list periodically.

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

Forever Chemical Regulation And Accountability Act Would Address PFAS In The Domestic Supply Chain

On March 19, 2026, Representative Betty McCollum (D-MN) and Senator Dick Durbin (D-IL), Minority Whip, reintroduced the Forever Chemical Regulation and Accountability Act (H.R. 8016, S. 4153) to address the use of PFAS in the domestic supply chain. According to McCollum’s March 19, 2026, press release, the bill would:

• Initiate a National Academies of Sciences, Engineering, and Medicine (NASEM) study to review the persistence, bioaccumulation, and human health risks of PFAS. NASEM would also identify current PFAS uses and provide guidance on classification of essential or non-essential uses that EPA will use to require that uses designated “non-essential” be phased out;

• Require all PFAS manufacturers and users to file reports with EPA disclosing certain information relating to PFAS and require manufacturers and users to submit a phase-out schedule of their products to be completed within ten years;

• Direct EPA to facilitate phasing out non-essential PFAS production, consumption, and possession and prohibit manufacturers and commercial users from releasing any PFAS into the environment within ten years;

• Establish deadlines for manufacturers to remove PFAS from certain consumer goods, such as rugs, furniture, and child products;

• Reinforce that, to the maximum extent possible, PFAS should be eliminated from products or replaced by substitutes that reduce risk to human health and the environment. The bill also would direct federal agencies to maximize resources to achieve this goal;

• Establish regional PFAS rapid response hubs to advance PFAS replacement and remediation;

• Require EPA to collect fees to administer the reporting and petition processes;

• Prevent large corporations from exploiting bankruptcy procedures to avoid persistent, bioaccumulative, and toxic chemicals claims, ensuring that individuals who have been harmed by such chemicals can have their day in court; and

• Update the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to toll state statutes of limitations and statutes of repose for newly designated hazardous substances, such as PFAS, until the later of the date on which it was designated as a hazardous substance or when the plaintiff knew or reasonably should have known their injury was caused by the substance.

McCollum and Durbin previously introduced companion versions of the bill in April 2024.

MISCELLANEOUS

ATSDR Seeks Nominations For Substances To Be Evaluated For Toxicological Profile Development

On March 17, 2026, the Agency for Toxic Substances and Disease Registry (ATSDR) announced that it is soliciting nominations of substances to be evaluated for an upcoming set of toxicological profiles. 91 Fed. Reg. 12804. ATSDR opened a docket for the public to submit nominations and provide comments on which toxicological profiles are developed next. Members of the public, government agencies, or private organizations may comment on which substances they are concerned about so that ATSDR may take this information into consideration when developing future toxicological profiles. Written comments are due May 18, 2026.

CDC Requests Public Comment On IDLH Value Document For Lewisite

On March 18, 2026, the Centers for Disease Control and Prevention (CDC) requested public comment on the draft Immediately Dangerous to Life or Health (IDLH) Value Profile document for the chemical lewisite. 91 Fed. Reg. 13027. CDC’s National Institute for Occupational Safety and Health (NIOSH) develops IDLH values for workplace chemical concentrations and conditions carrying immediate, unacceptable health risks. CDC notes that IDLH values are based on health effects considerations determined through a critical assessment of toxicology and human health effects data. Comments are due May 18, 2026.

New Mexico Environmental Improvement Board Approves Proposed PFAS Rule; Labeling Requirement Would Apply To Products Manufactured After January 1, 2027

The New Mexico Environmental Improvement Board (NMEIB) concluded its deliberations on March 23, 2026, on the New Mexico Environment Department’s (NMED) proposed rule implementing the PFAS Protection Act. NMEIB adopted minor changes discussed during the hearing and approved NMED’s proposed rule. In its March 23, 2026, press release announcing NMEIB’s approval of the rule, NMED notes that “[u]nder the new rules, manufacturers must display a universal symbol on any product containing intentionally added PFAS.” As we previously reported, after issuing the proposed rule in October 2025, NMED revised the proposed rule in January 2026 and again in February 2026, before NMEIB’s hearing began on February 23, 2026. The redline version of the January 2026 revised proposed rule states that unless exempted under Section 20.13.2.13.B, after January 1, 2027, “a manufacturer may not sell, offer for sale, distribute, or distribute for sale manufacture for sale or distribution a product containing intentionally added per- or poly-fluoroalkyl substances unless the manufacturer does one of the following . . . .” Under the February 2026 rebuttal proposed new rule, the label would include the symbol of an Erlenmeyer flask with the word “PFAS” inside the flask. While a label may include the following words directly adjacent to the flask, these phrases are not required: “This product is made with PFAS,” “Made with PFAS,” or “Contains PFAS.” NMED has stated that it intends to issue a final rule by July 1, 2027, leaving manufacturers little time to implement the labeling requirement.

OSHA Announces Alliance Program Ambassador Relationship With ACC To Strengthen Safety In Polyurethane Industry

The Occupational Safety and Health Administration (OSHA) announced on April 6, 2026, that it agreed with the American Chemistry Council Center for the Polyurethanes Industry and Diisocyanates and Aliphatic Diisocyanates Panels (collectively ACC) to continue its collaboration through an Alliance Program Ambassador relationship. According to OSHA, the ongoing commitment aims to promote best practices and improve worker health and safety standards within the polyurethanes industry and the user community. Through the alliance, established in 2017 and renewed in 2020, OSHA and ACC have developed safety and health resources for the polyurethanes industry, such as a PPE infographic for automotive refinishing and comprehensive medical screening and surveillance guides addressing chemical exposure risks. OSHA states that it confers Ambassador status to long-term alliance participants who agree to continue a cooperative relationship and who share timely and relevant safety and health information with its stakeholders. OSHA notes that unlike regular alliances, Ambassador relationships do not need to be renewed and remain in effect for the duration of an ongoing cooperative relationship and a good faith effort by both parties to meet the intent of the arrangement.

CEQ Issues Memorandum On Implementation Of NEPA Guidance

The Council on Environmental Quality (CEQ) announced on April 13, 2026, that it issued a memorandum on April 9, 2026, to the heads of federal departments and agencies on establishing, revising, adopting, and applying categorical exclusions under the National Environmental Policy Act (NEPA). 91 Fed. Reg. 18836. CEQ notes that this guidance replaces initial guidance on the same subject issued on December 6, 2010. Since CEQ issued the 2010 guidance, Congress revised NEPA to: (1) include, for the first time, a definition of “categorical exclusion”; and (2) establish a process by which an agency may adopt and use a categorical exclusion listed in another agency’s NEPA implementing procedures. According to CEQ, by identifying categorical exclusions as a threshold consideration for whether an environmental assessment (EA) or environmental impact statement (EIS) is required, Congress “has expressly directed agencies to consider which categories of actions they perform ‘normally’ do not have significant effects.” CEQ states that for these reasons, agencies should establish categorical exclusions to cover such categories of actions, adopt other agencies’ categorical exclusions where appropriate, and in all instances, consider whether a proposed action is excluded pursuant to a categorical exclusion before beginning to develop an EA or EIS for that proposed action.

Minnesota Extends PFAS Reporting Deadline To September 15, 2026, Provides Resources And Support For Using Reporting System

The Minnesota Pollution Control Agency (MPCA) announced on April 15, 2026, that it has extended the deadline to report intentionally added PFAS in products sold in Minnesota from July 1, 2026, to September 15, 2026. MPCA states that it extended the deadline to allow manufacturers additional time to use the upgraded reporting guide (which explains basic function of the PFAS Reporting and Information System for Manufacturers (PRISM)), supplemental guide (which explains certain reporting scenarios), forthcoming how-to videos, and technical assistance by e-mail and office hours. MPCA notes that manufacturers unable to meet the September 15, 2026, due date may apply for a single 90-day extension. Reports from manufacturers receiving extensions will be due by December 14, 2026, “giving manufacturers over three and a half years to prepare and submit reports since reporting requirements were passed.”

NALC And NASDA Foundation Will Hold Agricultural And Food Law Policy Briefing On May 6, 2026

On May 6, 2026, the National Agricultural Law Center (NALC) and the National Association of State Departments of Agriculture (NASDA) Foundation will host a half-day program featuring the latest updates in agricultural and food law policy from experts across the country in Washington, D.C. The agenda includes:

• “Four Corners” Congressional Update: Ag Trade, E-15, MAHA, Farm Bill, and Related Issues:

• Keynote Address — Litigation, Regulation, Adjudication: Perspectives on the USDA, Trade, and Related Issues;

• State of Play on The Hill: View from the Trenches; and

• Ag Industry Litigation and Regulation Update.

A reception will follow until 6:30 p.m. (EDT). Continuing legal education (CLE) credit is available. Registration is open.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.