Recent Federal Developments For January 2026

B&C, Acta, And BCCM Publish 2026 Forecast For U.S. Federal And International Chemical Regulatory Policy

Bergeson & Campbell, P.C. (B&C®), its global consulting affiliate The Acta Group (Acta®), and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to share with you our Forecast 2026. Our distinguished global team of chemical experts worked hard to summarize our collective best guess on what to expect in the New Year regarding global industrial, agricultural, and biocidal chemical regulatory and policy initiatives. This 119-page booklet is packed with useful information and is available to our clients and friends as a download from our website.

"What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2026," January 27, 2026, 11:00 a.m. – 12:00 p.m. (EST), via webinar

B&C is pleased to present "What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2026," a complimentary webinar offering our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2026. We invite you to join Lynn L. Bergeson, James V. Aidala, Richard E. Engler, Ph.D., and Ryan N. Schmit as they discuss policy shifts and uncertainties expected under the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Endangered Species Act (ESA) and take your questions regarding what to expect in 2026.

Dr. Christine M. Palermo Joins B&C And Acta As Director Of Regulatory Sciences

B&C and Acta are pleased to announce that Christine M. Palermo, Ph.D., DABT has joined our firms as Director of Regulatory Sciences. Dr. Palermo provides Acta clients with global strategy in chemical regulatory compliance, risk assessment, and product stewardship, assisting clients to commercialize new products and expand markets for existing product portfolios.

She deploys the extensive domestic and international experience she gained in her 17-year career with ExxonMobil (EM) Biomedical Sciences, where she most recently served as Regulatory Sciences Principal and Global Manager of Toxicology, overseeing all aspects of health and environmental regulatory practices and leading science development and communication strategy. From 2014 – 2018, she was posted in EM's Brussels, Belgium, office where she worked with regulators and trade organizations to develop solutions and advance regulatory safety decisions for chemistries and endpoints of regulatory concern in the European Union (EU). Find out more about how Dr. Palermo can accelerate your global commercial success on our website: https://www.lawbc.com/people-christine-m-palermo-ph-d-dabt/.

American Chemical Society Accepting Nominations For 2026 Green Chemistry Challenge Awards

Do you know of a company that is innovating in ways that make chemistry safer, cleaner, and more sustainable? The American Chemical Society (ACS) is now accepting nominations for the 2026 Green Chemistry Challenge Awards. Winning a Green Chemistry Challenge Award is not just an honor; it is a catalyst for visibility, credibility, and environmental impact. Since 1996, 155 organizations and individuals have been recognized for innovations that reduce hazardous substances, conserve resources, and deliver economic benefits. Collectively, these award-winning technologies have:

• Eliminated 830 million pounds of hazardous chemicals and solvents;

• Saved over 21 billion gallons of water; and

• Prevented 7.8 billion pounds of carbon dioxide released into the air.

Past winners have leveraged this recognition to attract investment, forge strategic partnerships, and strengthen their market position — all while advancing sustainability. Learn more and submit your nomination by January 31, 2026. B&C is a proud Presenting Sponsor of the 2026 Green Chemistry Challenge Awards.

TSCA/FIFRA/TRI

EPA Announces 2026 Annual Pesticide Maintenance Fee Forms Available To Download From EPA Website — Deadline For Paying Is January 15, 2026

The U.S. Environmental Protection Agency (EPA) released in December 2025 the annual pesticide registration maintenance fee materials for fiscal year (FY) 2026. The deadline for payment of EPA's annual maintenance fee for pesticide registration is January 15, 2026. FIFRA Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance fee to keep the registration in effect. The maintenance fee requirement does not apply to supplemental distributor registrations, which are identified by a three-element registration number.

Registrants should receive an e-mail from EPA notifying them of the FY 2026 maintenance fee materials. EPA will not send maintenance fee information by mail to registrants. The instructions, maintenance fee filing form, fee tables, and product listings grouped by company number are available to download on EPA's website. After payment, the completed forms and supporting documents must be e-mailed to maintfee@epa.gov. The entire process remains electronic in 2026; thus, a paper copy of the maintenance fee materials should not be mailed to EPA. More information is available in our December 18, 2025, blog item.

EPA Announces Accelerated Crackdown On Toxic And Poisonous Imports

EPA announced on December 23, 2025, that under the Trump Administration, EPA "is dramatically expanding its imports investigative capacity and enforcement scope beyond the limited efforts of previous years, launching broader investigations that target illegal pesticide and chemical smuggling operations across multiple sectors to safeguard communities, agricultural integrity, and national security." On December 19, 2025, Jeffrey Hall, newly confirmed Assistant Administrator for EPA's Office of Enforcement and Compliance Assurance (OECA), and his Principal Deputy Assistant Administrator Craig Pritzlaff traveled to southern California. Hall met with Los Angeles/Long Beach Seaport Port Director Africa R. Bell and other officials from U.S. Customs and Border Protection (CBP) to discuss how to work together, including efforts to advance further sharing of information critical to inspection, enforcement, and coordination to hold violators accountable. More information is available in our December 24, 2025, blog item.

EPA Announces Availability Of Draft Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, And Minor Formulation Amendments

On January 5, 2026, EPA announced the availability of a draft Pesticide Registration (PR) Notice entitled "Pesticide Registration Notice 2026-NEW: Notifications, Non-Notifications, and Minor Formulation Amendments." 91 Fed. Reg. 271. EPA stated that it is issuing this draft PR Notice to align with changes to FIFRA, including through the Pesticide Registration Improvement Act (PRIA), and to streamline the scope of registration changes accepted by notification, non-notification, and minor formulation amendment for all pesticide products, previously described in PR Notice 98-10. EPA stated when final, PR Notice 2026-NEW will be effective immediately and will supersede PR Notice 98-10, dated October 22, 1998, in its entirety. Comments are due to EPA on or before February 19, 2026. More information is available in our January 8, 2026, blog.

EPA Publishes Final Risk Evaluation For 1,3-Butadiene, Intends To Regulate 11 Conditions Of Use (COU) To Protect Workers

EPA announced on January 5, 2026, the availability of the final risk evaluation under TSCA for 1,3-butadiene. 91 Fed. Reg. 264. EPA states in its December 31, 2025, press release that it found "potential unreasonable health risks for workers who breathe in this chemical at their jobs in 11 specific industrial settings." As required by TSCA, EPA will now develop a risk management rule to protect workers from the identified risks. According to EPA, "[t]his process will include meticulous consideration of health effects, exposure levels, economic impacts, and benefits of use, with extensive stakeholder engagement to ensure the resulting rules are both protective and practical." More information is available in our January 7, 2026, memorandum.

EPA Requests Nominations For Panel Members And Ad Hoc Reviewers For SACC

On January 5, 2026, EPA invited nominations for scientific experts for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to TSCA. 91 Fed. Reg. 263. EPA also requested nominations of scientific and technical experts whom EPA can consider for service as ad hoc peer reviewers assisting SACC. 91 Fed. Reg. 275. EPA states in a December 31, 2025, press release that for 2026, it is considering peer review for ten chemicals designated as high priority for risk evaluation under TSCA. EPA intends to convene two SACC peer review meetings in early and mid-2026. The notice seeking ad hoc nominations states that the chemicals undergoing risk evaluation that EPA is considering for SACC review include:

• Early 2026:
  
  
  • 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB);
    
    
  • Phthalic anhydride (PAD);
    
    
  • o-Dichlorobenzene (o-DCB); and
    
    
  • p-Dichlorobenzene (p-DCB).
    
    
• Mid-2026:
  
  
  • 1,2-Dichloropropane (1,2-DCP);
    
    
  • 1,1,2-Trichloroethane (1,1,2-TCA);
    
    
  • trans-1,2-Dichloroethylene (trans-DCE);
    
    
  • Ethylene dibromide (EDB);
    
    
  • 4,4′-(1-Methylethylidene)bis[2, 6-dibromophenol] (TBBPA); and
    
    
  • Phosphoric acid, triphenyl ester (TPP).

Nominations are due February 4, 2026.

EPA Completes Risk Evaluation For Five Phthalates, Intends To Regulate "Dozens" Of COUs

EPA announced on January 6, 2026, the availability of the final TSCA risk evaluations for butyl benzyl phthalate (BBP), dibutyl phthalate (DBP), dicyclohexyl phthalate (DCHP), diethylhexyl phthalate (DEHP), and diisobutyl phthalate (DIBP). 91 Fed. Reg. 373. EPA states that it "used the best available science to prepare these final risk evaluations, and determined, based on the weight of scientific evidence, that BBP, DBP, DCHP, DEHP, and DIBP pose unreasonable risk to human health and/or the environment driven by specific [COUs]." Under TSCA, EPA must initiate risk management actions to address the unreasonable risk.

According to EPA's December 31, 2025, press release, the COUs contributing to unreasonable risk include:

• BBP: Unreasonable risk to workers (two COUs); environmental risks (seven COUs);

• DBP: Unreasonable risk to workers (five COUs); environmental risks (one COU);

• DCHP: Unreasonable risk to workers (two COUs);

• DEHP: Unreasonable risk to workers (ten COUs); environmental risks (20 COUs); and

• DIBP: Unreasonable risk to workers (four COUs); environmental risks (seven COUs).

More information is available in our January 15, 2026, blog item.

EPA Intends To Notify Companies Beginning In Spring 2026 Of Expiring TSCA Claims

As reported in our September 12, 2025, blog item, under the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments to TSCA, most confidential business information (CBI) claims will expire after ten years unless reasserted and substantiated. EPA announced on January 6, 2025, its intended process for implementing the statutory requirements associated with expiring CBI claims, including confirming how EPA will notify companies of expiring claims and how companies may request and substantiate the need for an extension of their CBI claims. 91 Fed. Reg. 371. EPA states in a January 5, 2026, press release that in early spring 2026, it will post the first list of claims expiring in June 2026 on its TSCA CBI website. EPA states that it will also send direct notices to submitters with expiring claims via the Central Data Exchange (CDX). More information is available in our January 9, 2026, blog item.

Deadline For Filing Annual Pesticide Production Reports — March 1, 2026

The March 1, 2026, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2025 reporting year is fast approaching. Reports must be submitted on or before March 1 annually for the prior reporting year's production and distribution. The report is filed through the submittal of EPA Form 3540-16: Pesticide Report for Pesticide-Producing and Device-Producing Establishments. Links to EPA Form 3540-16, as well as instructions on how to report and how to add and use EPA's Section Seven Tracking System (SSTS) electronic filing system, are available in our January 15, 2026, blog item.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Proposes To Delist 2-BEB From List Of HAPs, Announces Streamlined Approach To CAA Section 112(b)(3)(B) Petitions

On December 22, 2025, EPA proposed to grant a petition to remove 2-butoxyethyl benzoate (2-BEB) from the glycol ethers category in the list of hazardous air pollutants (HAP) in the Clean Air Act (CAA). 90 Fed. Reg. 59767. According to EPA, on September 30, 2019, the Dow Chemical Company submitted a petition to delete 2-BEB from the glycol ethers category of the HAP list. EPA proposes to find that there are adequate data on the health or environmental effects of 2-BEB to support the request for removal. EPA also announced a streamlined approach to the review process of future petitions. EPA states that rather than issuing a Federal Register notice announcing receipt of a complete petition, EPA will inform the petitioner by letter once a preliminary evaluation determines that the petition is complete. Once EPA's technical review is complete, it will publish a Federal Register notice explaining the basis for the proposed decision to grant or deny the petition and, if appropriate, propose the addition of regulatory text to 40 C.F.R. Part 63, Subpart C to codify the deletion. After an opportunity for comment and review of the comments, EPA will publish in the Federal Register its final action either granting or denying the petition. Comments are due February 20, 2026.

EPA Removes 2024 Amendments From Rule Reclassifying Major Sources As Area Sources Under CAA Section 112

On January 2, 2026, EPA amended the Code of Federal Regulations to remove amendments made by a 2024 rule entitled "Review of Final Rule Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act" (2024 Rule) and restore the language of the final rule entitled "Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act," published November 19, 2020, and with minor corrections published December 28, 2020. 91 Fed. Reg. 58. EPA notes that under the Congressional Review Act (CRA), Congress passed, and the President signed, a joint resolution of disapproval of the 2024 Rule. The 2024 Rule amended the General Provisions that apply to National Emission Standards for Hazardous Air Pollutants (NESHAP) by requiring certain sources of persistent and bioaccumulative HAPs listed in CAA Section 112(c)(6) to continue to comply with major source emission standards under CAA Section 112(d)(2) or standards under CAA Section 112(d)(4) even if the sources reclassify as area sources. EPA states that under the joint resolution and by operation of the CRA, "the 2024 Rule has no legal force or effect." The final rule was effective January 2, 2026.

EPA Proposes NPDWR For Perchlorate

On January 6, 2026, EPA proposed a National Primary Drinking Water Regulation (NPDWR) for perchlorate and a health-based Maximum Contaminant Level Goal (MCLG) under the Safe Drinking Water Act (SDWA). 91 Fed. Reg. 398. EPA proposes to set the perchlorate MCLG at 0.02 milligrams per liter (mg/L) (20 micrograms per liter (µg/L)). EPA also proposes and seeks comment on setting an enforceable Maximum Contaminant Level (MCL) for perchlorate at 0.02 mg/L (20 µg/L), 0.04 mg/L (40 µg/L), or 0.08 mg/L (80 µg/L). EPA proposes requirements for water systems to conduct monitoring for perchlorate in drinking water, take mitigation actions if the level exceeds the MCL, provide information about perchlorate to their consumers through public notification and consumer confidence reports, and report to their respective primacy agency. EPA notes that "[t]he Administrator has determined that the benefits of this regulation would not justify the costs; however, the EPA is required to issue an NPDWR and MCLG for perchlorate in response to the D.C. Circuit's decision in NRDC v. Regan." EPA will hold a virtual public hearing on February 19, 2026. Comments are due March 9, 2026. Comments on the information collection provisions of the 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 February 5, 2026.

PHMSA Amends HMR To Reduce Unnecessary Regulatory Burdens Associated With Transportation Of Hazardous Materials

The Pipeline and Hazardous Materials Safety Administration (PHMSA) published a final rule on January 14, 2026, amending the Hazardous Materials Regulations (HMR) to reduce unnecessary regulatory burdens associated with the safe transportation of hazardous materials, including energy products. 91 Fed. Reg. 1433. The adopted amendments will.

• In 49 C.F.R. Part 107, Subpart F, revise the cargo tank facility registration requirements to allow for electronic submission procedures;

• In 49 C.F.R. Section 171.7, replace the current incorporation by reference of Chlorine Institute (CI) drawings in paragraphs (l)(3) and (l)(4) with the entire CI Pamphlet 49, Recommended Practices for Handling Chlorine Bulk Highway Transports, providing guidelines for the safe transportation of chlorine by highway. The updated incorporation by reference includes the use of the Midland Type pressure relief device (PRD) for cargo tanks transporting chlorine as referenced in updated Section 173.315;

• In 49 C.F.R. Section 172.336, revise the marking requirements for multiple petroleum distillate fuels to allow the marking of the identification number of the fuel with the lowest flash point transported in the same or previous business day;

• In 49 C.F. R. Section 172.704, include hazmat employees who only manufacture packagings within the scope of the existing exception from safety training. Further, remove the security awareness training requirement for any hazmat employees who only perform hazmat activities related to packagings (e.g., employees who manufacture, repair, modify, recondition, or test packagings, and do not offer for transportation or transport hazardous materials in commerce);

• In 49 C.F.R. Section 178.337-1(d), allow the use of external coverings other than paint that meet reflectivity requirements for Cargo Tank Motor Vehicles (CTMV); and

• In 49 C.F.R. Section 180.407(a)(7), allow the use of video cameras or video optics equipment for cargo tank inspections or tests.

The amendments will be effective February 13, 2026. The voluntary Compliance Date is January 14, 2026. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register on February 13, 2026.

EPA Proposes To Revise CWA Section 401 Water Quality Certification Regulations

EPA published a proposed rule on January 15, 2026, that would update and clarify several substantive and procedural requirements for water quality certification under Section 401 of the Clean Water Act (CWA). 91 Fed. Reg. 2008. EPA states that CWA Section 401 "is a direct grant of authority to States (and Tribes that have been approved for 'treatment as a State' status) to review for compliance with appropriate Federal, State, and Tribal water quality requirements any discharge into waters of the United States that may result from a proposed activity that requires a Federal license or permit." EPA intends the proposed rule to clarify several aspects of the certification process consistent with the statutory framework. According to EPA's website, EPA will hold two identical sessions for a virtual public meeting on the proposed rule on January 28, 2026. Comments are due February 17, 2026. Comments on the information collection provisions of the proposed rule under the PRA must be received by OIRA on or before February 17, 2026.

FDA

FDA Reschedules Food Allergies Meeting

On December 16, 2025, the U.S. Food and Drug Administration (FDA) announced that the FDA Expert Panel on Food Allergies has been rescheduled to February 25, 2026, at 1:00-3:00 p.m. (EST). The meeting is intended to facilitate discussions on the etiology and best treatments for food allergies, as well as current health guidelines. Registration is only required for in-person attendance. Information on how to attend is available online.

FDA Issues Draft Guidance For Cosmetics Recalls

On December 18, 2025, FDA issued a draft guidance for industry entitled "Questions and Answers Regarding Mandatory Cosmetics Recalls: Draft Guidance for Industry." 90 Fed. Reg. 59129. The draft guidance includes 16 questions and answers that are intended to inform industry about FDA's current thinking on implementation of certain aspects, including the criteria, process, and expectations, for mandatory recalls of cosmetic products. FDA's guidance includes answers to the following questions:

• What determination must FDA make to invoke its mandatory recall authority?

• What process will FDA follow before issuing an order for a mandatory recall?

• What must a responsible person do after receiving an order to immediately cease distribution of a cosmetic?

• When is a cosmetic considered adulterated under section 601 of the FD&C Act?

• When is a cosmetic considered misbranded under section 602 of the FD&C Act?

FDA is accepting comments until February 17, 2026.

FDA Finds "Significant Data Gaps" For PFAS Used In Cosmetic Products

As required under the Modernization of Cosmetics Regulation Act of 2022 (MoCRA), on December 29, 2025, FDA published a Report on the Use of PFAS in Cosmetic Products and Associated Risks. The scope of the report is limited to per- and polyfluoroalkyl substances (PFAS) intentionally added to cosmetic products as ingredients and does not include PFAS that may be present in the final product as contaminants. According to the report, "[c]ertain PFAS are intentionally added as ingredients to some cosmetic products, such as lipsticks, eyeshadows, moisturizers, nail polish and enamel, blushers and rouges, and cleansers." FDA's analysis found that 51 PFAS are intentionally added to 1,744 cosmetic products sold in the United States as of August 31, 2024. According to FDA, these products represent 0.41 percent of the total products registered as of August 2024. FDA prioritized the 25 PFAS most often used for a safety review. FDA states that for 19 of the PFAS, it could not definitively determine the safety due to the lack of critical toxicological data. FDA concluded that five PFAS were considered to pose low safety concerns in cosmetic products under intended use conditions. FDA identified one PFAS as having a potential safety concern when used in body lotion at the highest use level (i.e., the concentration of an ingredient in a final product). More information is available in our January 6, 2026, blog item.

NANOTECHNOLOGY

OECD Publishes Report On Identification Of Exposure Metrics For Use In Evaluation Of Inhalation Exposure To Nano-Objects And Their Aggregates And Agglomerates In The Workplace

On December 12, 2025, the Organisation for Economic Co-operation and Development published a report entitled The Identification of Exposure Metrics for Use in Evaluation of Inhalation Exposure to Nano-Objects and their Aggregates and Agglomerates (NOAA) in the Workplace. The report presents a comprehensive overview, informed by a literature review, on methods for assessing and measuring inhalation exposure to NOAA in workplace environments. Because no single metric is universally applicable, the report recommends a multi-metric approach to characterize different exposure scenarios accurately. More information is available in our December 19, 2025, blog item.

OECD Publishes Report On SSbD Tools, Integrative Systems, And Platforms For Nanomaterials And Nano-Enabled Products

On December 12, 2025, OECD published a report entitled Safe and sustainable by design tools, integrative systems and platforms for nanomaterials and nano-enabled products. According to OECD, the report advances the implementation of safe and sustainable by design (SSbD) for nanomaterials by compiling and reviewing tools, integrative systems, and platforms that support design, risk assessment, and sustainability considerations. More information is available in our December 29, 2025, blog item.

ECHA Survey On Nanomaterials Used As Or Integrated Into Flame Retardants Open Until January 31, 2026

As part of the activities of the European Union (EU) Observatory for Nanomaterials (EUON), the European Chemicals Agency (ECHA) has commissioned a study on "Nanomaterials used as or integrated into flame retardants." According to EUON, the study aims to collect and review scientific and market information on nanomaterials used as or integrated into flame retardants in consumer and professional products. Innovamol Srl is carrying out the study and seeks relevant information and insights to inform its analysis. Responses are due January 31, 2026. More information is available in our January 12, 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/.

LEGISLATIVE

Senate Bill Would Increase Air Pollution Monitoring

On December 17, 2025, Senators Lisa Blunt Rochester (D-DE) and Tammy Duckworth (D-IL) re-introduced the Public Health Air Quality Act (S. 3529), legislation that will increase air pollution monitoring and improve public health. According to Blunt Rochester's December 17, 2025, press release, the legislation:

• Requires EPA to implement fenceline monitoring to track toxic air pollutants linked to high local cancer risks and other acute and chronic health threats, including neurodevelopmental impacts in early life, based on the best available science, and proximity to places like schools where children and families spend time;

• Ensures that fenceline monitoring and continuous emissions monitoring are integrated as core components of national air standards for chemical, petrochemical, and other sources of toxic air pollution linked with some of the most serious illnesses and health concerns;

• Requires a rapid expansion of the National Ambient Air Quality Standards (NAAQS) monitoring network through the addition of at least 180 new air quality monitoring stations, including stations in communities where this is most needed; and

• Deploys at least 1,000 new air quality sensors in communities facing unhealthy air to boost and complement the NAAQS monitoring network and enhance communities' access to information.

Representatives Troy Carter (D-LA) and Paul Tonko (D-NY) introduced companion legislation (H.R. 6782) in the House on December 17, 2025.

Bipartisan Legislation Would Add PFAS To List Of HAPs

On January 8, 2026, Representatives Haley Stevens (D-MI), Debbie Dingell (D-MI), Rashida Tlaib (D-MI), Hillary Scholten (D-MI), Brian Fitzpatrick (R-PA), Mike Lawler (R-NY), and Jen Kiggans (R-VA) introduced the bipartisan Prevent Release of Toxic Emissions, Contamination, and Transfer (PROTECT) Act (H.R. 6990) to close major regulatory gaps and strengthen federal oversight of PFAS air pollution. According to Stevens' January 8, 2026, press release, the bill would:

• Require EPA to classify PFAS with at least one fully fluorinated carbon atom as HAPs under the CAA;

• Identify industries and facilities that release PFAS into the air;

• Begin setting enforceable limits on PFAS air pollution from major sources; and

• Strengthen cleanup responsibility and public reporting when PFAS are released into the environment.

Bipartisan Better Care For PFAS Patients Act Introduced In The House And Senate

On January 8, 2026, the Better Care for PFAS Patients Act (H.R. 6977, S. 3598) was introduced. According to Senator Jeanne Shaheen's (D-NH) January 8, 2026, press release, the bill would ensure that the Agency for Toxic Substances and Disease Registry (ATSDR) "regularly assesses and updates clinical guidance regarding the health effects from exposure to PFAS." The bill would:

• Require ATSDR to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to assess the health effects of PFAS and formulate clinical recommendations within two years of enactment;

• Direct NASEM to update its assessment of PFAS health effects and clinical guidance every five years or more frequently as determined by ATSDR; and

• Ensure ATSDR issues its own clinical guidance on addressing the health effects of PFAS within five years of enactment and update that guidance every five years or more frequently as determined by ATSDR.

MISCELLANEOUS

OEHHA Issues Information Letters Providing Prop 65 Guidance

In December 2025, the California Office of Environmental Health Hazard Assessment (OEHHA), the state agency responsible for implementing Proposition 65 (Prop 65), issued two "Information Letters" regarding Prop 65 compliance issues. On December 8, 2025, OEHHA issued an Information Letter to provide guidance regarding Prop 65 warnings for Bisphenol S (BPS) in receipt paper and shipping labels. On December 23, 2025, OEHHA issued an Information Letter to provide guidance related to vinyl acetate warnings under Prop 65. For a discussion of each of the Information Letters, please read our January 9, 2026, memorandum.

Cracks In The Enamel: The Ascendance Of Federal And State Action To Restrict Fluoride Use

Fluoride, well-known for its anticavity properties, has seen a growing number of state and federal initiatives seeking to limit or prohibit various uses of the substance. Federal agency heads, as well as top state officials, have expressed a strong interest in "taking action" against existing fluoride use in public drinking water and ingestible drug products. Our December 16, 2025, memorandum covers the following topics:

• Evolution of Fluoride Regulation, Past to Present;

• Fluoride in 2025;

• Federal Action; and

• State Actions.

Given the Administration's push for more stringent fluoride regulations, pending review of fluoride under TSCA, and the apparent gradual decline in public support of the chemical, facilities using fluoride in industrial processing or manufacturing products containing fluoride may find themselves caught in the net of state or federal initiatives. Currently, state and federal discussions around fluoride do not appear to contemplate new regulations or restrictions for industrial sources. More information on the federal and state actions is available in our memorandum.

CEQ Removes NEPA Regulations

On January 8, 2026, the Council on Environmental Quality (CEQ) published a final rule removing the CEQ regulations implementing the National Environmental Policy Act (NEPA) from the Code of Federal Regulations. 91 Fed. Reg. 618. CEQ's final rule addresses public comments and adopts as final its February 25, 2025, interim final rule, without changes, removing all iterations of CEQ's regulations. The final rule was effective January 8, 2026.

OSHA Corrects HCS, Makes Technical Amendment To HCS Appendix

On January 8, 2026, the U.S. Occupational Safety and Health Administration (OSHA) published a final rule correcting several inadvertent errors in its Hazard Communication Standard (HCS). 91 Fed. Reg. 562. According to OSHA, most errors relate to the May 20, 2024, final rule. On October 9, 2024, OSHA issued a corrections notification and technical amendment to correct errors that it believed could lead to confusion during the classification process or errors on labels and Safety Data Sheets (SDS) if not expeditiously corrected. Following publication of the October 9, 2024, corrections notification and technical amendment, OSHA continued its review of the regulatory text and identified additional minor and typographical errors in the regulatory text and appendices to the HCS. The final rule addresses these additional minor errors. OSHA notes that it is also making one technical amendment to an appendix of the HCS unrelated to the May 20, 2024, final rule. The corrections were effective January 8, 2026.

EPA Withdraws Direct Final Rule Conforming EPCRA Hazardous Chemical Inventory Reporting Requirements To 2024 HCS

On January 9, 2026, EPA withdrew the November 17, 2025, direct final rule entitled "Technical Amendments to the Emergency Planning and Community Right-to-Know Act (EPCRA) Hazardous Chemical Inventory Reporting Requirements to Conform to the 2024 OSHA Hazard Communication Standard." 91 Fed. Reg. 918. EPA stated in the direct final rule that if it received adverse comment by December 17, 2025, the direct final rule would not take effect and it would publish a timely withdrawal in the Federal Register. Because EPA subsequently received adverse comment on the direct final rule, it withdrew the direct final rule. EPA published a parallel proposed rule on the same day as the direct final rule (90 Fed. Reg. 51266). EPA will address those comments in any subsequent final action, which will be based on the parallel proposed rule. As stated in the direct final rule and the parallel proposed rule, EPA "do[es] not intend to institute a second comment period on this action." The withdrawal of the direct final rule was effective January 9, 2026.

Petitions Filed To Add Chemicals To List Of Chemical Substances Subject To Superfund Excise Tax

On January 14, 2026, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances:

• Acrylate monomer synthetic rubber in a water emulsion (91 Fed. Reg. 1604);

• Methyl methacrylate-ethyl methacrylate-methacrylic acid copolymer in a styrene solution (91 Fed. Reg. 1599);

• Poly(styrene-divinylbenzene-ethylvinylbenzene), with styrene content of greater than 50 percent (91 Fed. Reg. 1603);

• Poly(styrene-divinylbenzene-ethylvinylbenzene), with styrene content of less than 50 percent (91 Fed. Reg. 1603); and

• Vinyl acetate-crotonic acid copolymer in a styrene solution (91 Fed. Reg. 1598).

Comments on the petitions are due March 16, 2026.

State Department Will Hold Public Meeting In Preparation For IMO PPR 13 Meeting

The Department of State (State Department) announced on January 14, 2026, that it will conduct a virtual public meeting on February 4, 2026, to prepare for the 13th session of the International Maritime Organization's (IMO) Pollution Prevention and Response Sub-Committee (PPR 13). 91 Fed. Reg. 1591. The agenda items include:

• Decisions of other IMO bodies;

• Safety and pollution hazards of chemicals and preparation of consequential amendments to the International Code for the Construction and Equipment of Ships carrying Dangerous Chemicals in Bulk (IBC Code);

• Amendments to Annex II of the International Convention for the Prevention of Pollution from Ships (MARPOL) to improve the effectiveness of cargo tank stripping, tank washing operations, and prewash procedures for products with a high melting point and/or high viscosity;

• Development of a legally binding framework for the control and management of ships' biofouling to minimize the transfer of invasive aquatic species;

• Reduction of the impact on the Arctic of black carbon emissions from international shipping;

• Evaluation and harmonization of rules and guidance on the discharge of discharge water from exhaust gas cleaning systems into the aquatic environment, including conditions and areas;

• Review and development of nitrogen oxide (NO_X) emission requirements in MARPOL Annex VI and the NO_X Technical Code 2008 (NTC 2008);

• Review and amendment of the NTC 2008 to provide a means for certification of engines that operate on non-carbon-containing fuel or mixtures of carbon-containing and non-carbon-containing fuels;

• Revision of MARPOL Annex IV and associated guidelines;

• Follow-up work emanating from the Action Plan to address marine plastic litter from ships;

• Revision of the Revised guidelines and specifications for pollution prevention equipment for machinery space bilges of ships (resolution Marine Environment Protection Committee (MEPC) 107(49));

• Review of the Integrated Bilge Water Treatment System Guidelines and amendments to the International Oil Pollution Prevention Certificate and Oil Record Book;

• Unified interpretation of provisions of IMO environment-related conventions;

• Biennial agenda and provisional agenda for PPR 14; and

• Election of Chair and Vice-Chair for 2027.

Those who plan to participate should contact the meeting coordinator, Ms. Nicole M. Schindler, via e-mail at Nicole.M.Schindler@uscg.mil no later than February 2, 2026.

OSHA Extends HCS Compliance Dates

OSHA published a final rule on January 15, 2026, extending the compliance dates in its HCS (29 C.F.R. Section 1910.1200), published in the Federal Register on May 20, 2024 (89 Fed. Reg. 44144), by four months. 91 Fed. Reg. 1695. The May 2024 final rule adopts a tiered approach to compliance and includes two sets of compliance dates for chemical manufacturers, importers, and distributors evaluating substances and mixtures. The initial compliance deadline in Section 1910.1200(j)(2)(i) of January 19, 2026, is imminent. According to OSHA, members of the regulated community asked for additional guidance to comply with the updated HCS. Although OSHA has been working to issue final guidance about the updated HCS for both the regulated community and agency personnel, it states that it has not been able to complete these documents with sufficient time before the initial compliance date. OSHA determined that it is necessary to extend the initial compliance date by four months to allow it time to publish the necessary guidance materials and for the regulated community to review those materials before the revised provisions take effect. To maintain the tiered approach to compliance adopted in the final rule, OSHA is also extending each of the subsequent compliance dates in paragraph (j)(2)(ii) and (j)(3) by four months. The compliance date in Section 1910.1200(j)(2)(i) is extended from January 19, 2026, until May 19, 2026; the compliance date in Section 1910.1200(j)(2)(ii) is extended from July 20, 2026, to November 20, 2026; the compliance date in Section 1910.1200(j)(3)(i) is extended from July 19, 2027, to November 19, 2027; and the compliance date in Section 1910.1200(j)(3)(ii) is extended from January 19, 2028, to May 19, 2028. The final rule was effective January 15, 2026. More information on the 2024 final rule is available in our May 30, 2024, memorandum.

OECD Holds Webinar On "From Production To End-Of-Life: Understanding Fluoropolymers Across The Life Cycle"

On January 15, 2026, OECD held a webinar on its recent report, Synthesis Report on Understanding Fluoropolymers and Their Life Cycle. The webinar, "From production to end-of-life: understanding fluoropolymers across the life cycle," included an overview of the key findings of the report, and various stakeholder participants of the Global PFAS Group provided perspectives on the work.

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