Developments to Watch: State Chemical Regulation and Proposed Legislation

Toxic Chemicals & State Chemical Regulation

At least 22 States have had at least 97 pieces of legislation introduced in their legislatures for chemical regulation or bans, over and above regulatory actions taken by EPA under the amended Toxic Substances Control Act (TSCA). In addition to complying with chemical registration requirements on the federal level under TSCA, manufacturers, importers, and users of chemicals must also be familiar with and remain in compliance with numerous State chemical regulatory requirements. California’s labeling requirements under its Proposition 65 are only one example. For that reason, it is prudent to monitor legislative developments in State legislatures around the country that affect manufacture, importation or use of chemicals. The current wave of proposed State legislation is generally aimed at individual chemical substances or groups of chemicals.  Examples include per- and polyfluoroalkyl substances (PFAS), organohalogen flame retardants, and methylene chloride. Late in the Obama Administration, EPA proposed to ban the use of methylene chloride in paint thinners. However, the proposed rule has not been finalized by the Trump EPA. Two States, Maryland and New Jersey, are therefore considering bans on methylene chloride in paint strippers.

For more information on State chemical regulation, contact Steve O’Day or Vickie Rusek.

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