March 27, 2023

Volume XIII, Number 86


March 24, 2023

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Announcement: Recent Regulatory Agendas Show Numerous Delayed Awaited Agency Actions on PFAS and TSCA Chemicals

In January 2023, federal agencies released their “Fall 2022” Regulatory Agendas that provide roadmaps for upcoming and long-term regulatory actions on chemicals that could have significant implications for the regulated community. These agendas make clear that the Biden Administration continues to prioritize regulatory actions to address per- and polyfluoroalkyl substances (PFAS) across multiple agencies. And the US Environmental Protection Agency (EPA) also continues to implement numerous regulatory initiatives to assess and mitigate chemical risks under the strengthened Toxic Substances Control Act (TSCA).

Hunton’s chemical regulatory team has provided analyses of these upcoming regulatory actions:


EPA and the US Department of Defense (DoD) have planned a number of upcoming and novel regulations covering PFAS in the areas of procurement, drinking water, chemical reporting and recordkeeping, and site clean-up. Among these regulatory items are:

  • DoD’s proposal to prohibit the Department from procuring the following items that contain perfluorooctane sulfonate (PFOS) or perfluorooctanoic acid (PFOA): nonstick cookware or cooking utensils for use in galleys or dining facilities and upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.

  • EPA’s forthcoming proposed national primary drinking water regulation (NPDWR) for PFOA and PFOS.

  • EPA’s novel proposed rule designating PFOA and PFOS as CERCLA hazardous substances.

  • EPA’s proposed listing of PFOA, PFOS, PFBS, and GenX as RCRA hazardous constituents.

  • EPA’s proposal to add certain PFAS to the Toxics Release Inventory and add PFAS to the list of chemicals of special concern under EPCRA.

  • EPA’s proposed rule to require reporting and recordkeeping of PFAS under TSCA.


EPA’s Office of Pollution Prevention and Toxics (OPPT) has released a robust agenda covering procedures for approvals of new chemicals, existing chemical evaluations and regulations, chemical data reporting, confidential business information, and fees under TSCA. EPA’s agenda reflects an effort by the agency to gather significantly more information from regulated entities about new and existing chemicals, improve transparency, clarify its procedures for new and existing chemical evaluations, require more from companies who seek to protect confidential information, and substantially increase fees for companies regulated under TSCA.

While the action items on the regulatory agendas have not changed significantly since their spring 2022 agendas were released (see Hunton Andrews Kurth LLP’s report on spring regulatory agendas), almost all planned release dates for regulatory proposals and final rules have been delayed—some by years. Particularly in the TSCA program, these delays are a reflection of EPA’s purported dire lack of funding and resources to carry out its responsibilities under the reformed law.

Copyright © 2023, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume XIII, Number 37

About this Author

Gregory R. Wall Environmental Litigation attorney Hunton Andrews Kurth Law Firm Richmond

As a former US Environmental Protection Agency (EPA) senior attorney, Greg uses his deep agency, regulatory and enforcement knowledge to assist clients in solving complex environmental matters, with specialized expertise in CERCLA/Superfund, brownfields, RCRA, FIFRA and TSCA legal issues.

With over 15-years of experience in environmental law, Greg assists clients in regulatory counseling, enforcement defense, litigation, and transactional matters. His experience in both private and public practice, in particular at EPA, provides him the ability...

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Matthew Z. Leopold Environmental & Energy Attorney Hunton Andrews Kurth Washington, DC

Matt advises and defends clients across industries with the strategic insights as former General Counsel for the US Environmental Protection Agency, former General Counsel for the Florida Department of Environmental Protection and a former environmental litigator at the US Department of Justice.

Matt provides his clients with in-depth experience and knowledge respecting the pivotal recent changes in environmental regulation. As EPA General Counsel, he counseled on the development and defense of virtually every significant regulation proposed by EPA since 2017 and was personally...

Javaneh S. Tarter Environmental Attorney Hunton Andrews Kurth Law Firm
Senior Attorney

Javaneh draws on her experience as in-house counsel and in private practice to assist clients with chemical and environmental regulatory and compliance matters.

As part of the firm’s environmental practice, Javaneh advises clients on compliance issues and enforcement actions arising under myriad of chemical laws, including the Toxic Substances Control Act (TSCA); Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); and California’s Proposition 65 and Cleaning Product Right to Know Act. She also navigates clients through the development...

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Nancy Beck Regulatory Science Professional Environmental Compliance Hunton Andrews Kurth
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Nancy provides industry leaders with advice related to the impact of environmental policy, including chemical regulations and compliance programs, applying her in-depth knowledge and applied public health experience as a PhD toxicologist.

Nancy has over twenty years of applied public health experience, sixteen of which were from her time in government, including senior leadership positions at the Environmental Protection Agency (EPA) and the White House. As a PhD toxicologist she has a deep scientific understanding of chemical risk assessment,...

Paul T. Nyffeler PhD Richmond Environmental Attorney Hunton Andrews Kurth
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Paul Nyffeler is an environmental law practitioner at Hunton Andrews Kurth's Richmond office with more than 15 years of experience providing clients with regulatory counseling, compliance advice, and first-chair environmental and tort litigation counsel at both the trial and appellate levels.

Paul maintains an interdisciplinary practice focused on chemical regulation and compliance, hazardous waste laws, and water quality, groundwater, and drinking water. He is knowledgeable of the underlying technical frameworks used by state and federal...