Recent Federal Developments for March 17, 2025

ABA And B&C Announce Release Of “Chemical Product Law and Supply Chain Stewardship” Book: Bergeson & Campbell, P.C. (B&C^®) and The Acta Group (Acta^®) are pleased to announce the release by American Bar Association (ABA) Publishing of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, edited by B&C Managing Partner Lynn L. Bergeson and authored by Ms. Bergeson and members of B&C and Acta’s highly experienced Toxic Substances Control Act (TSCA) practice group. This invaluable guide provides a road map to navigate efficiently the transformational changes in chemical product law, identifies the practical business and product stewardship implications of the new normal in product regulation, and explains the urgent need for supply chain awareness so that the business community and others can make informed and compliant business decisions. Please note: A 20% off discount code will be provided to B&C clients and friends via e-mail later this month  — so keep watch for that.

Recording Available For “What’s New with New Approach Methodologies: A Webinar,” Featuring EPA CCTE’s Katie Paul Friedman, Ph.D., And PETA Toxicology Specialist Adam Bettmann, MS, DABT^®: A recording is available for B&C and Acta’s webinar featuring experts in the toxicology field discussing the state of play as stakeholders take advantage of new approach methodologies (NAM). Adam Bettmann, MS, DABT^®, a Toxicology Specialist representing PETA Science Consortium International e.V., navigates the current state of NAMs and their use for submissions to the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) by providing an overview of some of the relevant guideline and non-guideline testing approaches, the process of vetting NAMs for readiness, and available training and educational opportunities. Katie Paul Friedman, Ph.D., Acting Director for the Biomolecular and Computational Toxicology Division in the Center for Computational Toxicology and Exposure (CCTE) in EPA’s Office of Research and Development (ORD), provides an overview of the TSCA New Chemicals Collaborative Research Program (NCCRP) as the lead within ORD. An overview of the proposed research plan and its components (as presented to the EPA ORD Board of Scientific Councilors in late 2022) is followed by descriptions of early works in progress and publications related to this effort. Richard E. Engler, Ph.D. wraps up these issues with an overview of TSCA Section 4 authority and chemical testing issues. Watch now.

TSCA/FIFRA/TRI

EPA Reopens Comment Period For Proposed Rule Clarifying Supplier Notification Requirements For TRI-Listed PFAS: On February 21, 2025, EPA reopened the comment period for the January 17, 2025, proposed rule to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. Comments are due March 24, 2025. More information on the January 17, 2025, proposed rule is available in our January 22, 2025, blog item.

GAO’s Updated High-Risk List Still Includes EPA’s Process For Assessing And Controlling Toxic Chemicals: On February 25, 2025, the U.S. Government Accountability Office (GAO) issued a report entitled High-Risk Series: Heightened Attention Could Save Billions More and Improve Government Efficiency and Effectiveness, “highlight[ing] 38 areas across the federal government that are seriously vulnerable to waste, fraud, abuse, and mismanagement or that are in need of transformation.” The category “Seizing Opportunities to Better Protect Public Health and Reduce Risk” lists high-risk areas focused on addressing critical weaknesses in public health efforts, including “ensuring the Environmental Protection Agency provides more timely reviews of potentially toxic chemicals before they are introduced into commercial production and widespread public use.” GAO’s report includes an overview of “Transforming EPA’s Process for Assessing and Managing Chemical Risks,” noting that EPA “needs to address capacity issues to more effectively assess and manage chemicals posing risks to human health and the environment.” GAO’s rating is unchanged since the last update, finding that all five criteria still need attention:

• Leadership commitment (partially met),

• Capacity (partially met);

• Action plan (partially met);

• Monitoring (partially met); and

• Demonstrated progress (partially met).

More information is available in our February 27, 2025, blog item.

EPA OIG Publishes Independent Audit Of EPA’s FYs 2022 And 2021 (Restated) TSCA Service Fee Fund Financial Statements: On February 26, 2027, EPA’s Office of Inspector General (OIG) published a report entitled Independent Audit of the EPA’s Fiscal Years 2022 and 2021 (Restated) Toxic Substances Control Act Service Fee Fund Financial Statements. Under TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA is required to prepare and OIG to audit the accompanying financial statements of the TSCA Service Fee Fund. OIG rendered a qualified opinion on EPA’s fiscal years (FY) 2022 and 2021 TSCA Service Fee Fund financial statements, “meaning that, except for material errors in expenses and income from other appropriations and earned and unearned revenue, the statements were fairly presented.” OIG noted the following:

• Material weaknesses: EPA materially understated TSCA income and expenses from other appropriations and EPA materially misstated TSCA earned and unearned revenue;

• Significant deficiency: EPA needs to improve its financial statement preparation process; and

• Noncompliance with laws and regulations: EPA did not publish an annual chemical risk evaluation plan for calendar year 2022.

More information is available in our February 28, 2025, blog item.

EPA Reopens Comment Period On Proposed Risk Management Rule For PV29: On March 4, 2025, EPA announced that it is reopening the comment period for the January 2025 proposed rule to address the unreasonable risk of injury to human health presented by Color Index (C.I.) Pigment Violet 29 (PV29) under its conditions of use (COU) as documented in EPA’s January 2021 risk evaluation and September 2022 revised risk determination. 90 Fed. Reg. 11142. Comments are due April 29, 2025. More information on the proposed rule is available in our January 27, 2025, memorandum.

EPA Extends Comment Period On Draft Scope Document For Vinyl Chloride TSCA Risk Evaluation: On March 5, 2025, EPA extended the comment period on the draft scope of the risk evaluation to be conducted under TSCA for vinyl chloride. 90 Fed. Reg. 11315. As reported in our January 28, 2025, memorandum, under TSCA, the scope documents must include the COUs, hazards, exposures, and the potentially exposed or susceptible subpopulations (PESS) that EPA expects to consider in conducting its risk evaluation. Comments on the draft scope of the risk evaluation for vinyl chloride are due April 2, 2025.

EPA Will Review 2024 Rule Amending The TSCA Risk Evaluation Framework Rule: On March 10, 2025, EPA announced its intent to reconsider the May 3, 2024, rule amending the procedural framework rule for conducting risk evaluations under TSCA (2024 Risk Evaluation Framework Rule). According to EPA, it will initiate a rulemaking “that will ensure the agency can efficiently and effectively protect human health and the environment and follow the law.” Consistent with President Trump’s Executive Order 14219 requiring the review of regulations to ensure consistency with Administration policy and agencies’ statutory authority, EPA reviewed the 2024 Risk Evaluation Framework Rule, which outlines the process EPA must follow when conducting chemical risk evaluations. EPA states that after completing its review and considering public comments and concerns, including those from other federal agencies, it “intends to initiate further rulemaking in the near future that will reexamine multiple aspects of this rule for consistency with the law and Administration policy.” For more information, please read our full memorandum.

EPA Reschedules SACC Meetings To Consider 1,3-Butadiene Draft Risk Evaluation, Will Issue Supplement: EPA announced on March 11, 2025, the rescheduled meeting dates of the Science Advisory Committee on Chemicals (SACC) that had been previously scheduled for February 2025 to consider and review the draft risk evaluation for 1,3-butadiene. 90 Fed. Reg. 11737. The rescheduled preparatory meeting for the SACC to consider the scope and clarity of the revised draft charge questions for the peer review will now be held on March 25, 2025, and the rescheduled peer review meeting for the SACC to consider the draft documents and public comments will now be held on April 1 – 4, 2025. EPA will accept comment on the scope and clarity of the revised draft charge questions for the peer review and the draft risk evaluation and related documents, including a new supplement of preliminarily refined risk estimates for 1,3-butadiene released from facilities in advance of and during the peer review meeting. SACC will consider the comments during its discussions. To request time to present oral comments during the preparatory meeting, stakeholders must register by 12:00 p.m. (EDT) on March 21, 2025. For those not making oral comments, registration will remain open through the end of this preparatory meeting. Written comments, including written versions of oral comments, on the scope and clarity of the charge questions are due March 21, 2025. To request time to present oral comments during the peer review meeting, stakeholders must register by 12:00 p.m. (EDT) on March 28, 2025. For those not making oral comments, registration will remain open through the end of this peer review meeting. Written comments on the draft risk evaluation and related documents, including preliminarily refined risk estimates for 1,3-butadiene released from facilities, are due March 20, 2025. Written versions of oral comments are due March 28, 2025.

EPA Extends Comment Period On Draft TSCA Risk Evaluation For DCHP: On March 13, 2025, EPA extended the comment period on the draft risk evaluation for dicyclohexyl phthalate (DCHP) under TSCA. 90 Fed. Reg. 11966. EPA released the risk evaluation for DCHP on January 7, 2025, with a comment period that closed March 10, 2025. EPA will accept public comments until May 9, 2025.  More information is available in our March 11, 2024, blog item.

EPA Extends Deadline For Reporting Health And Safety Data For 16 Chemicals: On March 13, 2025, EPA extended the reporting deadline for a rule under TSCA Section 8(d) requiring manufacturers (including importers) of 16 chemicals to report data from unpublished health and safety studies to EPA. 90 Fed. Reg. 11899. The rule applies to manufacturers in the North American Industrial Classification System (NAICS) codes for chemical manufacturing (NAICS code 325) and petroleum refineries (NAICS code 324110) that are currently manufacturing (including importing) a listed chemical substance (or will do so during the chemical’s reporting period), or that have manufactured (including imported) or proposed to manufacture (including import) a listed chemical substance within the last ten years. EPA states that the health and safety studies will help inform EPA’s prioritization, risk evaluation, and risk management of chemicals under TSCA. EPA extended the reporting deadline to June 11, 2025, for vinyl chloride, and to September 9, 2025, for the other chemicals covered under the rule:

• 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;

• 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).

More information on EPA’s December 13, 2024, final rule is available in our December 23, 2024, memorandum.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Extends Comment Periods For Notices Concerning PFAS: On February 21, 2025, EPA extended the comment period on the following notices:

• Draft National Recommended Ambient Water Quality Criteria for the Protection of Human Health for Perfluorooctanoic Acid, Perfluorooctane Sulfonic Acid, and Perfluorobutane Sulfonic Acid, 89 Fed. Reg. 105041. EPA announced the availability of draft Clean Water Act (CWA) national recommended ambient water quality criteria (AWQC) for the protection of human health for three PFAS for a 60-day public comment period. EPA states that it developed these draft PFAS national recommended human health criteria (HHC) to reflect the latest scientific information, consistent with current EPA guidance, methods, and longstanding practice. Comments are due April 25, 2025.

• Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS), 90 Fed. Reg. 3859. As reported in our January 14, 2025, blog item, according to EPA, the findings show that there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge — land application of biosolids, surface disposal in landfills, or incineration. Comments are due April 16, 2025.

90 Fed. Reg. 10078. EPA states in each Federal Register notice that comments previously submitted need not be resubmitted as they are already incorporated into the public record and will be considered in the final action as appropriate. Where appropriate, EPA may consider further extending the comment periods.

EPA Requests Nominations For Hazardous Waste e-Manifest System Advisory Board: On March 6, 2025, EPA requested nominations for candidates to be considered for a three-year appointment to the Hazardous Waste Electronic Manifest (e-Manifest) System Advisory Board pursuant to the Hazardous Waste e-Manifest Establishment Act. 90 Fed. Reg. 11414. EPA established the Board to provide practical and independent advice, consultation, and recommendations to the EPA Administrator on the activities, functions, policies, and regulations associated with the Hazardous Waste e-Manifest System. EPA seeks candidates to fill current and potential anticipated vacancies to serve in the following positions on the Board, including: an industry representative member with experience in using or representing users of the manifest system; and a state representative member responsible for processing manifests. Nominations are due April 7, 2025.

EPA Will Revise WOTUS Rule, Issues Joint Guidance: EPA announced on March 12, 2025, that it will work with the U.S. Army Corps of Engineers to deliver on President Trump’s promise to review the definition of “waters of the United States” (WOTUS). According to EPA, the agencies “will move quickly to ensure that a revised definition follows the law, reduces red-tape, cuts overall permitting costs, and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution.” EPA will begin its review by obtaining input from stakeholders “who were sidelined during the previous administration.” EPA will seek targeted information on the key challenges and will also undertake a rulemaking process to revise the 2023 definition of WOTUS “with a focus on clarity, simplicity and improvements that will stand the test of time.”

On March 12, 2025, EPA and the Department of the Army issued joint guidance to field staff on implementation of “continuous surface connection” consistent with the U.S. Supreme Court’s May 25, 2023, decision in Sackett v. EPA. The agencies also released a pre-publication version of a Federal Register notice publicizing a series of six listening sessions and a 30-day recommendations docket to solicit feedback on key aspects of the definition of WOTUS. The comment period will begin when the notice is published in the Federal Register.

PHMSA Announces Public Meetings For International Standards On The Transport Of Dangerous Goods: The Pipeline and Hazardous Materials Safety Administration (PHMSA) announced on March 12, 2025, that its Office of Hazardous Materials Safety (OHMS) will host four public meetings during 2025 in advance of certain international meetings. 90 Fed. Reg. 11876. The first meeting will be held in preparation of the International Civil Aviation Organization’s (ICAO) Dangerous Goods Panel (DGP) Working Group 25 (WG/25) scheduled for April 21 – 25, 2025, in Delhi, India. The second meeting will be held in preparation of the 66th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) scheduled for June 30 – July 4, 2025, in Geneva, Switzerland. The third meeting will be held in preparation of the 30th session of the ICAO DGP (DGP/30) scheduled for October 6 – 10, 2025, in Montreal, Canada. The fourth meeting will be held in preparation of the 67th session of the UNSCOE TDG scheduled for November 24 – December 3, 2025, in Geneva, Switzerland. For each of these meetings, PHMSA will solicit public input on current proposals. PHMSA states that each public meeting will take place approximately two weeks preceding the international meeting at the headquarters for the Department of Transportation in Washington, D.C.

FDA

FDA Delays Effective Date For Final Rule Defining “Healthy”: On February 25, 2025, the U.S. Food and Drug Administration (FDA) issued a notice that temporarily delays the effective date of the final rule titled “Food Labeling: Nutrient Content Claims; Definition of Term ‘Healthy’” until April 28, 2025. 90 Fed. Reg. 10592. FDA cites a January 20, 2025, memorandum from the President, entitled “Regulatory Freeze Pending Review,” as the reason for the delay, which FDA states is “necessary to give Agency officials the opportunity for further review and consideration of the new regulation.” FDA further states that “the compliance date remains unchanged at this time,” which is February 25, 2028.

HHS Secretary Directs FDA To Explore Eliminating Self-Affirmed GRAS Process: On March 10, 2025, U.S. Department of Health and Human Services (HHS) Secretary Robert F. Kennedy Jr. directed “the acting FDA commissioner to take steps to explore potential rulemaking to revise its Substances Generally Recognized as Safe (GRAS) Final Rule and related guidance to eliminate the self-affirmed GRAS pathway.” The self-affirmed GRAS pathway involves convening a panel of qualified experts who “independently evaluate whether the available scientific data, information, and methods establish that a substance is safe under the conditions of its intended use in human food or animal food as part of an evaluation of whether adding that substance to food is lawful under the GRAS provision of the FD&C Act.” FDA provides guidance to industry for convening such a GRAS panel. FDA encourages manufacturers to submit GRAS notices through the agency’s GRAS Notification Program, which is the process by which FDA evaluates whether a food ingredient and food contact substance is safe.

NANOTECHNOLOGY

EU Advocate General Recommends Overturning Decision Annulling Harmonized Classification And Labeling Of Titanium Dioxide: On February 6, 2025, the European Union (EU) Advocate General (EU AG) recommended that the European Court of Justice (ECJ) overturn the 2022 decision of the General Court annulling the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. As reported in our December 6, 2022, memorandum, the court annulled the European Commission’s (EC) decision to classify titanium dioxide as a suspected human carcinogen. The French government and the EC appealed the decision, arguing that the court exceeded the limits of permissible judicial review of an EC decision and that the court incorrectly interpreted the concept of “intrinsic properties” as it appears in the Classification, Labeling, and Packaging (CLP) Regulation. The EU AG proposes that the ECJ:

• Set aside the November 2022 judgment in CWS Powder Coatings and Others v Commission (T‑279/20, T‑283/20 and T‑288/20, EU:T:2022:725);

• Refer the case back to the General Court for the resolution of the remaining pleas in law; and

• Order that the costs be reserved.

The ECJ is expected to issue its decision later this year. More information is available in our March 11, 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

How To Summarize Government Work In Five Easy Bullets: It was reported the weekend of February 22, 2025, that all federal employees received an e-mail from the Office of Personnel Management (OPM) telling employees to report “five bullets about what you did last week.” The e-mail also states that failure to do so would be interpreted to mean that the employee is offering their resignation. This is reported as part of the drive to shake up or reform, review, or rebuke the federal workforce. Whatever one speculates about motivation, this will likely be taken by many as a threat, but the e-mail reportedly does not have details about how any of the five points will be evaluated. For some suggested “bullets” from a former federal employee, please see our February 24, 2025, blog item.

House Leadership Announces Priorities For Congressional Review Act Action; No TSCA Rules Are In The Top Ten Targets: Much has been written about the Congressional Review Act (CRA), which Congress can use to repeal qualifying federal agency actions. The CRA was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). According to the Congressional Research Service (CRS), through 2024, the CRA was used to repeal 20 rules, including 16 during President Trump’s first term. The CRA was also used successfully one time in the 107th Congress (2001-2002) under former President G.W. Bush and three times in the 117th Congress (2021-2022) under former President Biden. House Majority Leader Steve Scalise (R-LA) announced on February 20, 2025, the top ten rules that House Republicans are prioritizing for CRA action in the coming weeks. Only three rules relate to EPA; none relate to TSCA. Leader Scalise notes in the press release that there is the potential for more rules to be added to the list for CRA action. For more information, please see our February 27, 2025, blog item.

When Career Fairs Tell Government Recruiters: “Don’t Bother To Show Up”: Recent headlines refer to “renewed chaos” over e-mails sent to federal employees at most (some? all?) agencies of the government — asking employees to list their five accomplishments for the week. In our February 24, 2025, blog item, we explored how employees might answer such vague requests in the absence of more guidance about who is asking and what is to be reported. The larger issue is that the current turmoil and confused information surrounding budget and staffing outcomes at EPA and other agencies will have impacts not only in the near term but also will impair future capabilities over a much longer timeframe. Just how long is uncertain. Please read our March 4, 2025, blog item on this issue.

Will Bipartisan Legislation Be Possible After Reconciliation? After President Trump’s address to Congress on Tuesday, March 4, 2025, it is unclear if there will be much desire or willingness on behalf of the Democrats and Republicans to collaborate on legislation during the 119th Congress. President Trump and congressional Republicans are moving toward “one big, beautiful” reconciliation bill (that is possible to enact without Democratic support) that will reflect most of President Trump’s priorities. The question is: what happens after reconciliation? The answer to that question has implications for issues such as reauthorizing user fees and reforming TSCA, enacting a Farm Bill that has been extended twice already, and online security — all of which will require bipartisan support to be enacted. For more information, please read our March 14, 2025, blog.

LEGISLATIVE

Senate Bill Would Prohibit Federal Government From Using IRIS Assessments To Inform Rulemaking Unless Authorized By Congress: On February 18, 2025, Senator John Kennedy (R-LA) introduced the No Industrial Restrictions In Secret (No IRIS) Act to prevent EPA from using data from the Integrated Risk Information System (IRIS) “to make rules that punish America’s chemical manufacturing industry.” Kennedy’s February 18, 2025, press release states that the bill would prohibit the federal government from using the IRIS to inform its rulemakings unless Congress explicitly authorizes the program. According to the press release, Representative Glenn Grothman (R-WI) is leading companion legislation in the House of Representatives.

Senate Bill Would Repeal Superfund Tax: Senator Ted Cruz (R-TX) reintroduced the Chemical Tax Repeal Act (S. 615) on February 18, 2025. Cruz’s February 18, 2025, press release states that the bill would eliminate the Superfund excise tax imposed by the Infrastructure Investment and Jobs Act passed in 2021 that “re-imposed taxes on 42 different chemicals, critical minerals, and metallic elements used in common household items such as plastics, rubber, concrete, soap, lightbulbs, and electronics.”

Senate Bill Would Strengthen U.S. Critical Mineral Supply Chain: On February 25, 2025, Senators Mike Lee (R-UT), Chair of the Senate Committee on Energy and Natural Resources, and Mark Kelly (D-AZ) introduced the Critical Mineral Consistency Act of 2025 (S. 714). According to the Committee’s February 25, 2025, press release, the bill would eliminate disparities between the Critical Materials List created by the Department of Energy (DOE) and the Critical Minerals List created by the U.S. Geological Survey within the Department of the Interior (DOI). The press release states that “[a]ligning these lists will improve our nation’s critical mineral supply chain by reducing confusion among industry and federal agencies, ensuring that all vital resources are treated equally.”

House Passes CRA Resolution Overturning Rubber Tire Manufacturing NESHAP: On March 5, 2025, the House passed a joint resolution (H.J. Res. 61) expressing disapproval of EPA’s November 29, 2024, National Emission Standards for Hazardous Air Pollutants (NESHAP) for rubber tire manufacturing. The joint resolution is an attempt to use the CRA to overturn the final rule. The joint resolution has moved to the Senate. Senator Tim Scott (R-SC) introduced a similar joint resolution (S.J. Res. 24) on February 25, 2025.

CRA Resolution Would Overturn Final Rule Amending New Chemicals Regulations Under TSCA: On March 10, 2025, Representative Clay Higgins (R-LA) introduced a joint resolution (H.J. Res. 76) expressing disapproval of EPA’s December 18, 2024, final rule, “Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA),” The joint resolution is an attempt to use the CRA to overturn the final rule. The rule includes amendments to increase the quality of information initially submitted in new chemicals notices and improve EPA’s processes for timely, effective completion of individual risk assessments and the new chemicals review process overall. The final rule also amends the regulations for low volume exemptions (LVE) and low release and exposure exemptions (LoREX), requiring EPA approval of an exemption notice prior to commencement of manufacture, makes PFAS categorically ineligible for these exemptions, and provides that certain persistent, bioaccumulative, toxic (PBT) chemical substances are ineligible for these exemptions.

MISCELLANEOUS

CEQ Removes NEPA Regulations, Requests Comments On Removal: On February 25, 2025, the Council on Environmental Quality (CEQ) published an interim final rule removing the CEQ regulations implementing the National Environmental Policy Act (NEPA) from the Code of Federal Regulations. 90 Fed. Reg. 10610. CEQ requests comments on this action and related matters to inform its decision making. On January 20, 2025, President Trump issued Executive Order (EO) 14154, Unleashing American Energy, which directed CEQ to propose rescinding its NEPA regulations and to provide guidance on implementing NEPA. Comments are due March 27, 2025. The interim rule will be effective April 11, 2025.

Canada Releases Final State Of PFAS Report And Proposed Risk Management Approach: On March 5, 2025, Environment and Climate Change Canada (ECCC) announced the availability of its final State of Per- and Polyfluoroalkyl Substances (PFAS) Report (State of PFAS Report) and proposed risk management approach for PFAS, excluding fluoropolymers. The State of PFAS Report concludes that the class of PFAS, excluding fluoropolymers, is harmful to human health and the environment. To address these risks, Canada proposed on March 8, 2025, to add the class of PFAS, excluding fluoropolymers, to Part 2 of Schedule 1 to the Canadian Environmental Protection Act, 1999 (CEPA). ECCC states that it will prioritize the protection of health and the environment while considering factors such as the availability of alternatives. Phase 1, starting in 2025, will address PFAS in firefighting foams to protect better firefighters and the environment. Phase 2 will focus on limiting exposure to PFAS in products that are not needed for the protection of human health, safety, or the environment. ECCC notes that this will include products like cosmetics, food packaging materials, and textiles. ECCC states that it will publish a final decision on the proposed addition of 131 individual PFAS to the National Pollutant Release Inventory (NPRI) with reporting to take place by June 2026 for PFAS releases that occurred during the 2025 calendar year. ECCC states that these data will improve its understanding of how PFAS are used in Canada, help it evaluate possible industrial PFAS contamination, and support efforts to reduce environmental and human exposure to harmful substances. Comments on the proposed risk management approach and the proposed order to add the class of PFAS, excluding fluoropolymers, to CEPA Schedule 1 Part 2 are due May 7, 2025.

EPA Announces 31 Deregulatory Actions: On March 12, 2025, EPA announced that it will undertake “31 historic actions in the greatest and most consequential day of deregulation in U.S. history, to advance President Trump’s Day One executive orders and Power the Great American Comeback.” The actions include the following:

Unleashing American Energy

• Reconsideration of regulations on power plants (Clean Power Plan 2.0). EPA notes in its March 12, 2025, press release, that the U.S. Supreme Court struck down the 2015 Clean Power Plan in West Virginia v. EPA, holding that the major questions doctrine barred EPA from misusing the Clean Air Act (CAA) to manipulate Americans’ energy choices and shift the balance of the nation’s electrical fuel mix. The Biden Administration issued its own rule in 2024 that many critics claim “is just another attempt to achieve the unlawful fuel-shifting goals of the Clean Power Plan.”

• Reconsideration of regulations throttling the oil and gas industry (OOOO b/c). EPA states in its March 12, 2025, press release, it is reconsidering Biden-Harris regulations for the oil and gas industry under Section 111 of the CAA and Subpart W of the Greenhouse Gas Reporting Program (GHGRP). EPA notes that its announcement is informed by recent Supreme Court precedent “providing significant guidance to federal agencies as to how they should interpret and implement governing statutes to ensure EPA is following the law of the land.”

• Reconsideration of Mercury and Air Toxics Standards (MATS) that improperly targeted coal-fired power plants. According to EPA’s March 12, 2025, press release, the Trump Administration is considering a two-year compliance exemption via Section 112(i)(4) of the CAA for affected power plants while EPA goes through the rulemaking process.

• Reconsideration of mandatory GHGRP that imposed significant costs on the American energy supply. EPA states in its March 12, 2025, press release, that “[u]nlike every other mandatory information collection by EPA under the Clean Air Act, the GHGRP is not directly related to a potential regulation nor developed with that intention.”

• Reconsideration of the effluent limitations guidelines and standards (ELG) for the Steam Electric Power Generating Industry to ensure low-cost electricity while protecting water resources (Steam Electric ELG). EPA states in its March 12, 2025, press release that as part of this effort, it will consider how it might provide immediate relief from some of the existing leachate requirements. In a series of related actions, EPA will also provide clarifying updates to other leachate requirements from the same rule to prevent unintended misapplication of the existing rule. Additionally, the Agency will reevaluate existing information on the availability and cost of membrane technology.

• Reconsideration of wastewater regulations for oil and gas development to help unleash American energy (Oil and Gas ELG). According to EPA’s March 12, 2025, press release, EPA’s review will evaluate modern technologies and management strategies to provide regulatory flexibility for oil and gas wastewater — also known as produced water — to be treated for beneficial reuse, including for Artificial Intelligence and data center cooling, rangeland irrigation, fire control, power generation, and ecological needs.

• Reconsideration of Biden-Harris Administration Risk Management Program (RMP) rule that made America’s oil and natural gas refineries and chemical facilities less safe (RMP Rule). EPA states in its March 12, 2025, press release that it is “committed to delivering common sense policy decisions that safeguard human health and the environment and bolster economic growth.”

Lowering the Cost of Living for American Families

• Reconsideration of light-duty, medium-duty, and heavy-duty vehicle regulations that provided the foundation for the Biden-Harris electric vehicle mandate (Car GHG Rules). According to EPA’s March 12, 2025, press release, EPA will reconsider the Model Year 2027 and Later Light-Duty and Medium-Duty Vehicles regulation and Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles.

• Reconsideration of the 2009 endangerment finding and regulations and actions that rely on that finding (Endangerment Finding). EPA states in its March 12, 2025, press release that it will begin a formal reconsideration of the 2009 endangerment finding in collaboration with the Office of Management and Budget (OMB) and other relevant agencies. EPA also intends to reconsider all of its prior regulations and actions that rely on the endangerment finding.

• Reconsideration of technology transition rule that forces companies to use certain technologies that increased costs on food at grocery stores and semiconductor manufacturing (Technology Transition Rule). More information is available in EPA’s March 12, 2025, press release.

• Reconsideration of Particulate Matter National Ambient Air Quality Standards that shut down opportunities for American manufacturing and small businesses (PM 2.5 NAAQS). According to EPA’s March 12, 2025, press release, EPA “will soon release guidance to increase flexibility on NAAQS implementation, reforms to New Source Review, and direction on permitting obligations. This suite of actions advances cooperative federalism and begins to undo red tape holding back American exceptionalism.”

• Reconsideration of multiple National Emission Standards for Hazardous Air Pollutants for American energy and manufacturing sectors (NESHAP). EPA states in its March 12, 2025, press release that it is initially reconsidering NESHAPs for integrated iron and steel manufacturing, rubber tire manufacturing, synthetic organic chemical manufacturing industry, commercial sterilizers for medical devices and spices, lime manufacturing, coke ovens, copper smelting, and taconite ore processing. EPA notes that the Trump Administration is considering a two-year compliance exemption via CAA Section 112(i)(4) for affected facilities while EPA goes through the rulemaking process. EPA intends to evaluate other NESHAPs and New Source Performance Standards (NSPS) to determine whether they should be reconsidered.

• Restructuring the Regional Haze Program that threatened the supply of affordable energy for American families (Regional Haze). According to EPA’s March 12, 2025, press release, EPA intends to review the regulations implementing the Regional Haze Program “to ensure that it fulfills Congressional intent, is based on current scientific information, and reflects recent improvements in air quality.”

• Overhauling the Biden-Harris Administration’s “Social Cost of Carbon.” More information is available in EPA’s March 12, 2025, press release.

• Redirecting enforcement resources to EPA’s core mission to relieve the economy of unnecessary bureaucratic burdens that drive up costs for American consumers (Enforcement Discretion). According to EPA’s March 12, 2025, press release, EPA “will immediately revise National Enforcement and Compliance Initiatives to ensure that enforcement does not discriminate based on race and socioeconomic status (as it has under environmental justice initiatives) or shut down energy production and that it focuses on the most pressing health and safety issues.” EPA notes that the focus on EPA’s established mission “will also provide predictability as EPA considers changes to regulations, thereby lowering costs for Americans and relieving the economy of potentially unnecessary bureaucratic burdens.”

• Terminating Biden’s Environmental Justice and Diversity, Equity, and Inclusion (DEI) arms of the Agency (EJ/DEI). EPA states in its March 12, 2025, press release, “[t]hese organizational improvements, in line with Presidential Executive Orders, ensure the EPA is best positioned to meet its core mission of protecting human health and the environment, and Powering the Great American Comeback.”

Advancing Cooperative Federalism

• Ending so-called “Good Neighbor Plan” that the Biden-Harris Administration used to expand federal rules to more states and sectors beyond the program’s traditional focus and led to the rejection of nearly all State Implementation Plans (SIP). EPA notes in its March 12, 2025, press release, that on March 15, 2023, EPA issued its “Good Neighbor Plan” rule for 23 states to address interstate transport of air pollution that impacts NAAQS, expanding the federal rules to more states and sectors beyond the program’s traditional focus on power plants. The Biden-Harris Administration subsequently rejected 19 SIPs and partially rejected two SIPs. In June 2024, the U.S. Supreme Court stayed the rule, “finding that it was likely unreasonable and irrational in key respects.”

• Working with states and Tribes to resolve massive backlog with SIPs and Tribal Implementation Plans (TIP) that the Biden-Harris Administration refused to resolve. According to EPA’s March 12, 2025, press release, when the Biden Administration left, there were 685 unresolved SIPs with 322 considered overdue. The Trump EPA’s goal is to clear the backlog as soon as possible.

• Reconsideration of exceptional events rulemaking to work with states to prioritize the allowance of prescribed fires within SIPs and TIPs (Exceptional Events);

• Reconstituting Science Advisory Board (SAB) and Clean Air Scientific Advisory Committee (CASAC). According to EPA’s March 12, 2025, press release, EPA will accept nominations for 30 days after the Federal Register notice seeking nominations is published.

• Prioritizing coal ash program to expedite state permit reviews and update coal ash regulations (Coal Combustion Residuals (CCR) Rule). EPA states in its March 12, 2025, press release that it will work with state partners to place implementation of the coal ash regulations more fully into state hands, “empower[ing] those with local expertise to oversee more effective coal ash disposal operations.”

• Using enforcement discretion to further North Carolina’s recovery from Hurricane Helene. According to EPA’s March 12, 2025, press release, it is “granting an extension of the no action assurance that North Carolina requested to allow use of large air curtain incinerators to clear debris without requiring Title V permits. This will allow more efficient burning of debris with lower emissions than would occur through open burning or the use of smaller incinerators not subject to permitting requirements.”