Performance Chemicals Weekly Roundup – 4.29.21

NOTABLE DEVELOPMENTS

Ethylene Oxide (EtO):

Following the release of a new report from the EPA’s Office of Inspector General (OIG) asserting that the EPA “delayed informing” communities in Illinois about alleged health risks associated with EtO exposure in 2018, Bloomberg Law reported that EPA Administrator Michael Regan directed EPA staff to supply the OIG with “timely access to records or other information which relate to the agency’s programs and operations, and that OIG needs to accomplish its important mission” in an internal email on Wednesday. Appearing before the Senate Environment and Public Works Committee for the first time since his confirmation, Regan said he found it “so disturbing to see the level of political interference, and the lack of scientific integrity, that took place over the past couple years.”

Phthalates:

Food Safety Tech published a piece on the future litigation landscape for phthalates, which asserts “although phthalate litigation has thus far proven unpopular, this landscape could change in the near future due to increased regulatory scrutiny” – citing EPA’s ongoing evaluation of several phthalates under the Toxic Substances Control Act (TSCA).

According to Bloomberg Law, the EPA is seeking comment on whether it should require companies making 39 chemicals, including six types of phthalates, formaldehyde, and flame retardants, to submit health and safety information. Comments are due by May 28.

Per- and Polyfluoroalkyl Substances (PFAS):

EPA Administrator Michael Regan announced that the agency intends to form a council devoted to addressing PFAS in water, air and land, according to an internal memo. The council will be led by Radhika Fox, EPA Office of Water Principal Deputy Assistant Administrator and Deb Szaro, Acting Regional Administrator for EPA Region 1. Fox and Szaro will also be charged with convening the task force, which will be comprised of senior EPA officials from across the agency. Coverage from E&E News noted that the council will be tasked with developing a strategy from addressing PFAS through 2025, among other responsibilities.

The EPA released news that it will largely limit the use of the Toxic Substances Control Act’s (TSCA) “low-volume exemption” (LVE) when approving new PFAS chemicals. Additionally, Inside EPA reports that the agency will “work cooperatively” with companies to voluntarily withdraw previously granted LVEs. The EPA announcement highlighted that the LVE review period of 30 days makes it difficult to conduct “an appropriately robust review” for LVE requests for PFAS chemicals, and the new regulations would allow for the request to be denied if EPA determines that the chemical in question requires review for toxicity and exposure that can’t be completed in 30 days.

Senator Kirsten Gillibrand (D-NY) and Representatives Dan Kildee (D-MI) and Madeleine Dean (D-PA) officially unveiled the ‘PFAS Accountability Act’, a bill which would “create a federal cause of action bolstering the ability of courts to award medical monitoring” to those exposed to PFAS chemicals, according to reporting by E&E News and Bloomberg Law.