Department of Defense Again Requests Information on TSCA-Prioritized Substances

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On May 12, 2026, the Department of Defense’s (DOD’s) Chemical and Material Risk Management Program issued a request for information (RFI) seeking industry data on defense and defense industrial base applications that rely on ten substances undergoing EPA’s Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. The RFI is intended to help DOD better understand applications that require these chemicals and their importance to industry and defense supply chains.

The Risk Evaluation Process

The TSCA Section 6 risk evaluation process mandated by the 2016 Lautenberg amendments to TSCA provides a pathway for EPA to evaluate chemicals currently in commerce to determine whether they present an unreasonable risk to human health or the environment. Where such risks are identified, the agency is required to develop rules to protect human health and the environment. Regulation can range from improved workplace protections to bans on specific uses. For examples, see our previous posts on risk management rules for n-methylpyrrolidone (NMP) and 1-bromopropane.

The RFI is intended to help DOD better understand potential impacts of future TSCA regulation on military applications and defense supply chains. In particular, DOD is seeking information about how the substances are used, their importance to defense applications, quantities needed, and the availability of alternatives.

Substances Covered by the RFI

The RFI focuses on ten TSCA high-priority substances:

  • Phthalic anhydride (CASRN 85-44-9)
  • o-Dichlorobenzene (o-DCB) (CASRN 95-50-1)
  • p-Dichlorobenzene (p-DCB) (CASRN 106-46-7)
  • 4,4’-(1-Methylethylidene)bis[2,6-dibromophenol] (TBBPA) (CASRN 79-94-7)
  • Tris(2-chloroethyl)phosphate (TCEP) (CASRN 115-96-8)
  • Phosphoric acid, triphenyl ester (TPP) (CASRN 115-86-6)
  • 1,1,2-Trichloroethane (CASRN 79-00-5)
  • trans-1,2-Dichloroethylene (DCE) (CASRN 156-60-5)
  • Formaldehyde (CASRN 50-00-0)
  • Vinyl Chloride (CASRN 75-01-4)

EPA has finalized risk evaluations for some of these substances, including TCEP. For others, like phthalic anhydride, EPA has released a draft risk evaluation. Some, such as TPP and vinyl chloride, remain at the scoping stage.

The RFI is for information and planning purposes only. DOD intends to use the information to identify critical applications earlier in the TSCA Section 6 process, investigate the availability of alternatives, and better manage chemicals important to national defense.

Continued DOD Information Gathering

This is not DOD’s first RFI on substances undergoing TSCA risk evaluation. In May 2025, DOD issued an RFI seeking information on critical military uses of 11 other substances. That RFI similarly sought information about chemical applications, supply-chain importance, and potential alternatives. The 2026 RFI expressly states that it continues that information-gathering effort and covers a new group of ten TSCA high-priority substances.

Responses to the RFI were due June 19, 2026. However, DOD’s webpage states that companies may continue to submit responses to closed RFIs.

PFAS Phaseouts Pose National Security Risk, Pentagon Says

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In a new report to Congress, the Defense Department (DOD) is warning that mounting regulatory pressure on PFAS and a “dwindling number of domestic PFAS manufacturers” pose a growing threat to national security.

“An increasing number of mission critical PFAS and PFAS-enabled products are at risk for obsolescence due to market phase outs; manufacturer liability; complex geopolitical escalation dynamics; and  regulatory complexity, uncertainty, and inconsistency,” the July 17 report states.

“The rate of obsolescence of existing chemicals is outpacing the defense sectors and other private industries’ abilities to research, develop, test, evaluate, and adopt new chemical technologies, resulting in disruption to existing capabilities and/or sourcing from foreign entities of concern,” it adds.

The report sets out a strategy for DOD to invest in the development of PFAS alternatives, which will begin with the prioritization of critical uses.  The department will simultaneously engage with regulators and industry to ensure the “continued domestic availability of PFAS critical for defense over the next 10 years or longer.”  According the report, phasing out PFAS from materials like semiconductors could take as long as 25 years.

DOD also argues against the use of “broad” structure-based definitions of PFAS, which “do not inform whether a substance is harmful.”  A risk-based approach incorporating “chemical/physical properties and exposure properties should be considered,” the report states.

Congress requested the report in the FY 2024 defense appropriations bill.  It builds on an earlier 2023 report which focused on the five sectors with “supply chain vulnerabilities posing the most pressing threats to national security”: kinetic capabilities, energy storage and batteries, microelectronics and semiconductors, castings and forgings, and strategic and critical minerals.

DOD Requests Information on Chemicals Undergoing TSCA Risk Evaluation

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Last month, the Defense Department (DOD) issued a request for information (RFI) seeking input on critical military uses of 11 chemicals currently undergoing Toxic Substances Control Act (TSCA) risk evaluation.

The “ability to identify critical applications earlier in the TSCA Section 6 risk evaluation process will allow [DOD] to investigate the availability of alternatives, inform industry and interagency engagement, and better manage chemicals critical to national defense,” the RFI states.

DOD will likely use the information it collects to help ensure that critical applications are protected in any future TSCA risk management rule.

The 11 chemicals include 1,3-Butadiene, 1,1-Dichloroethane, 1,2-Dichloroethane, D4, and seven phthalates: BBP, DBP, DCHP, DEHP, DIBP, DIDP, and DINP.  Some, like DIDP, have finalized risk evaluations.  For others, such as D4, EPA has yet to release a draft.

The RFI focuses on identifying specific DOD applications that require these substances and their industrial criticality.  It asks for details such as annual usage quantities, whether viable alternatives exist, and which TSCA condition of use best matches each application.

According to the RFI, DOD currently relies on safety data sheets (SDSs) for chemical ingredient data, which contain limited information.  As a result, DOD “lacks visibility in tracking upstream applications to understand the implications of developing regulatory drivers, such as TSCA.”

Responses to the RFI were due June 20, but DOD will consider late comments to the extent practicable.  The department also stated that it “will continue to issue RFIs to consider additional TSCA chemicals.”

GAO Releases Report on PFAS-Related Recommendations

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In September 2023, the Government Accountability Office (GAO) released a three-page report detailing the recommendations it has previously made to government agencies for the purposes of “detecting, limiting exposure to, and treating PFAS contamination.”

GAO describes the following recommendations it made to EPA, FDA, and Department of Defense (DOD), respectively:

  • In September 2022, GAO recommended that EPA conduct an analysis of the demographic characteristics of communities that have PFAS in their drinking water. EPA agreed and is currently implementing the recommendation.
  • In November 2022, GAO recommended that FDA request legal authority from Congress to compel companies to provide information about certain substances on the market that come into contact with food (such as packaging) that may contain PFAS. FDA is considering the recommendation.
  • In April 2023, GAO recommended that DOD: (1) develop a strategy to help the Department comply with Congress’s directive to stop procuring certain products containing PFAS and (2) update its sustainable product guidance to reflect new PFAS policies. DOD agreed and is currently implementing the recommendation. GAO also recommended that Congress clarify its direction to DOD.

In addition to these recommendations, GAO stated that it is currently monitoring public water systems’ implementation of PFAS treatment methods. GAO also highlighted its July 2022 report on the technologies that could be used to address PFAS-related risks, which recommended that policymakers promote research, expand method development, and support full-scale PFAS treatment.

DOD and FAA Approve Use of a PFAS-Free Fire Suppressant

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This September, the Department of Defense (DOD) announced the approval of the first PFAS-free foam for firefighting activities at military installations.  The approval is an important step in phasing out the use of PFAS-containing aqueous film forming foams (AFFFs), which are used to extinguish liquid fires.

The day after the foam received DOD approval, the Federal Aviation Administration (FAA) notified airports that they could use it.  FAA is not currently requiring exclusive use of the PFAS-free foam, however.

The transition away from PFAS-containing foams is required by section 322 of the 2020 National Defense Authorization Act.  Among other deadlines, the act prohibits DOD from purchasing fire-fighting foams containing more than 1 part per billion PFAS beginning October 1, 2023.

DOD issued a performance specification for PFAS-free (also known as fluorine-free) foams in January of this year.  According to DOD’s announcement, several other fluorine-free foams are currently being tested for conformance with the specifications.

 

 

Biden Administration Announces Goals to Advance Biotechnology and Biomanufacturing

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Last month, the Biden Administration announced “new bold goals and priorities” to promote American biotechnology and biomanufacturing.  The announcement comes after a September 2022 executive order intended to bolster biotechnological innovation.

“Biomanufacturing – or the use of biological systems to produce goods and services at commercial scale – has the potential to drive new sustainable alternatives across industries, including plastics, fuels, and medicines,” the Administration stated.  “These innovations can unlock new solutions in health, climate change, energy, food security, agriculture, supply chain resilience, and national and economic security.”

The announcement included the release of several documents related to biotechnology and biomanufacturing, including a report jointly authored by multiple agencies that outlines ten goals and associated R&D needs for biotechnological innovation.  The goals fall under four themes: development of more carbon-neutral transportation and stationary fuels, reduction of greenhouse gas emissions in chemicals and materials production, development of climate-focused agricultural systems and plants, and carbon dioxide removal.  The White House Office of Science and Technology is in the process of developing an implementation plan to address the R&D needs identified by the report.

The announcement also released a Department of Defense (DOD) memorandum establishing the Department’s biomanufacturing strategy, which will guide nearly $1.5 billion in DOD biomanufacturing-related investments. The strategy focuses on three key priorities: establishing the customers within the DOD that stand to benefit from early-stage innovations, advancing biomanufacturing capabilities through innovation, and mapping the biomanufacturing ecosystem and tracking metrics that support future efforts.  The Department is also issuing a formal request for information on biomanufactured products and process capabilities that could address defense needs.