EPA Updates Safer Choice Program’s Ingredients List

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On July 21, 2025, EPA added 18 chemicals to the Safer Chemicals Ingredients List (SCIL).  The move may signal that the agency plans to continue the Safer Choice program, despite earlier speculation that the Trump administration might transition it to the private sector.

With the update, there are now 983 chemicals on the SCIL.  The list is designed to help manufacturers find safer alternatives to hazardous chemicals.  Products that meet the criteria of the Safer Choice program are eligible to carry the “Safer Choice” label.  The SCIL can be found here.

The voluntary program was targeted for elimination by the Heritage Foundation’s “Project 2025” initiative.  However, industry groups such as the American Cleaning Institute urged the Trump administration to retain it.

In a press release announcing the update, EPA states that the additions “support[] Administrator Zeldin’s commitment to transparency, innovation and safer chemistry.”  The agency also notes that using existing SCIL-listed chemicals can help companies avoid delays tied to the approval of new substances—an acknowledgment of industry concerns about the backlog in EPA’s review process.

“Without an approval from EPA under the Toxic Substances Control Act, new chemistries don’t make it to market, which simultaneously holds back the manufacturing and innovation sectors and keeps older chemistries in regulation,” the release states.

The 18 additions represent a variety of functional classes, including emollients, polymers, and surfactants.  All but one are either verified or expected to be of low concern based on experimental and modelled data.

The exception, sodium polyphosphates, is only allowed as an oxidant stabilizer due to possible hazards.  Its “yellow triangle” designation indicates that it is one of the safest chemicals available for its function, but that its function is in need of safer chemistry innovation.

Last year, EPA expanded the Safer Choice program by introducing sustainable packaging criteria and a Safer Choice Cleaning Service certification.  More on that update can be found here.

Phthalates DBP and DEHP Present an Unreasonable Risk, EPA Drafts Say

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EPA has preliminarily determined that dibutyl phthalate (DBP) and diethylhexyl phthalate (DEHP) present an unreasonable risk to human health and the environment in separate draft risk evaluations released on June 5, 2025, under the Toxic Substances Control Act (TSCA).

Both chemicals are primarily used as plasticizers for polyvinyl chloride (PVC), according to EPA.  Chemical Data Reporting (CDR) rule data indicates that 1–10 million pounds of each was manufactured or imported into the US in 2019, the most recent year with available information.

DBP’s unreasonable risk finding was based on risks to workers from 20 conditions of use (COUs), risks to consumers from four COUs, and risks to the environment from one COU.  For the other 19 COUs, the draft risk evaluation did not identify an unreasonable risk.

DEHP’s unreasonable risk finding was based on risks to workers from 13 COUs and risks to the environment from 20 COUs.  The draft risk evaluation did not identify unreasonable risk from the remaining 23 COUs, including all evaluated consumer uses.

The drafts follow the “single determination” approach established by the Biden administration’s framework rule for risk evaluations, which provides an overall risk determination instead of separate determinations for each COU.  In March, EPA announced it would reconsider the framework rule and asked the D.C. Circuit to hold a consolidated lawsuit challenging it in abeyance.  The court granted the request on April 30.

Both drafts also incorporate findings from EPA’s first-of-its-kind cumulative risk assessment (CRA) for six phthalates as a class.  The CRA focuses on phthalate syndrome, a collection of adverse effects on the developing male reproductive system.

“By taking into account cumulative exposure and risk…EPA is confident that it is not underestimating the risk of DEHP and is reflecting the best available science,” the DEHP draft states.

EPA released the draft CRA in January alongside the agency’s draft risk evaluation for the phthalate DCHP, which also incorporated its findings.

Comments on the draft DBP and DEHP risk evaluations are due August 4, 2025.  EPA will hold a virtual public meeting of the Science Advisory Committee on Chemicals (SACC) on August 4–8 to review the drafts, as well as documents that relate to all five phthalates currently undergoing risk evaluation.

EPA’s press release for DBP and DEHP notes that draft risk evaluations for two more phthalates, BBP and DIBP, will be released in July 2025.  More on the CRA and EPA’s schedule for phthalate reviews can be found here.

Scientists Critique EPA’s Draft Evaluation of Phthalate DCHP

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A collection of scientists, academics, and clinicians have called for “extensive revisions” to EPA’s draft risk evaluation for dicyclohexyl phthalate (DCHP), arguing that the assessment “failed to incorporate the best available science and makes a number of scientifically unsupported assumptions.”

The May 9 comments were submitted by the Program on Reproductive Health and the Environment at the University of California San Francisco.  The commenters raise a number of methodological concerns with EPA’s December 2024 draft, which preliminarily determined that nine of 24 evaluated conditions of use for DCHP raised concerns, all involving occupational exposures.

A central criticism is EPA’s reliance on central tendency estimates, rather than high-end exposure scenarios, for many conditions of use. This approach, the commenters argue, “sets a dangerous precedent that risks to more highly exposed individuals can be dismissed or downplayed without scientific support.”

The commenters also object to EPA’s blanket exclusion of human epidemiology studies from its dose-response assessment, justified by uncertainties over exposures and testing methods.  That rationale “demonstrates a bias against environmental epidemiology, rather than a thoughtful approach to evidence evaluation that is consistent with best practices in systematic review,” according to the comments.

The group additionally claims that EPA failed to conduct an up-to-date literature search, omitting certain studies conducted since 2019.  As a result, they argue that the draft overlooks newer evidence linking DCHP to liver toxicity.

Alongside the Toxic Substances Control Act (TSCA) risk evaluation, DCHP is also part of EPA’s first-ever cumulative risk assessment for a group of six phthalates. A blog post on that effort, published prior to the January 2025 draft, can be found here.

EPA Again Delays PFAS Reporting Rule

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On May 13, 2025, EPA issued an interim final rule delaying implementation of the PFAS reporting requirements under the Toxic Substances Control Act (TSCA), citing technical difficulties.

The submission period is now scheduled to begin on April 13, 2026, instead of July 11, 2025.  It will close on October 13, 2026, with an alternate deadline of April 13, 2027, for small manufacturers reporting exclusively as article importers.

The rule states that the delay will “ensure that the project team has adequate time to complete development and testing” of the Central Data Exchange (CDX) reporting tool.  EPA also notes that it will give the agency time to consider reopening elements of the PFAS reporting rule in light of Executive Order 14192: Unleashing Prosperity Through Deregulation, issued by the Trump administration.

This is the second delay to the rule’s implementation.  In September 2024, EPA postponed the original November 2024 start date, also citing incomplete software development.  At the time, the agency attributed the delay to reduced funding.

Congress has since appropriated additional funds for TSCA’s information technology infrastructure in the FY2025 Continuing Resolution, passed just two days before EPA issued the May 13 rule.

Once implemented, the PFAS reporting rule will require all persons who manufactured or imported PFAS for commercial purposes from 2011–2022 to report information to EPA.  More on its requirements can be found here.

Environmental Groups Urge EPA to Block Motiva Chemical Applications

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Environmental groups are urging EPA to deny 17 new chemical applications submitted by Motiva Enterprises for production at its refinery in Port Arthur, Texas, arguing that the new chemicals would endanger nearby residents who already experience disproportionately high exposures to pollution.

Joint comments on the premanufacture notices (PMNs) were submitted by Community In-Power and Development Association and Earthjustice on March 26.  The groups argue that at minimum, there is sufficient cause for EPA to conclude that the chemicals “may present” an unreasonable risk—triggering the agency’s duty under the Toxic Substances Control Act (TSCA) to prohibit or restrict them.

The comments claim that the publicly available versions of the PMNs provide evidence of carcinogenicity and other serious health harms, even though Motiva “unlawfully withheld and redacted critical information” from the submissions.  These hazards are compounded by high estimated production volumes, which the groups say exceed 450 million pounds annually across the 17 chemicals.

Much of the focus is on Port Arthur, “one of the nation’s most severely polluted communities.”  Decades of chemical exposures have led to elevated rates of cancer, heart disease, and respiratory illnesses, especially in the predominantly Black neighborhoods adjacent to the Motiva plant and other industrial facilities, according to the comments.  EPA should treat these neighborhoods as a “potentially exposed or susceptible subpopulation” under amended TSCA, the comments argue.

The groups also point to what they call “Motiva’s long history of malfunctions, accidents, and other chemical incidents” at the Port Arthur site, arguing that future incidents are “reasonably foreseen” and therefore fall within the “conditions of use” EPA must consider in evaluating the PMNs.

All 17 PMNs were submitted by Motiva in January 2025.  Most are generically described as “Hydrocarbon, processed.”

EPA Announces Intent to Reconsider Risk Evaluation Framework Rule

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The Trump EPA announced in a March 10, 2025 press release that it will reconsider the Biden-era risk evaluation framework rule governing assessments of existing chemicals under the Toxic Substances Control Act (TSCA).

As discussed in a previous blog post, the risk evaluation framework rule replaced regulations promulgated by the first Trump administration.  The Biden-era rule reversed key policies by requiring the agency to consider all conditions of use of chemical, issue a single risk determination rather than use-by-use determinations, and not assume that workers use PPE.

According to the press release, specific policies in the rule that EPA will review include:

  • The single risk determination approach;
  • Whether EPA “must evaluate all conditions of use of a chemical at the same time” during an evaluation;
  • “Whether and how” use of PPE and industrial controls in occupational work environments should be incorporated; and
  • “[R]egulatory definitions expanded by the Biden Administration.”

The rulemaking process is set to begin “in the near future.”

Ongoing Litigation

On the same day as the press release, EPA filed a motion for voluntary remand in a consolidated D.C. Circuit case challenging the risk evaluation framework rule.  The court previously denied EPA’s February motion to hold that case in abeyance.

“EPA’s reconsideration is consistent with agencies’ implicit authority to reconsider past decisions, particularly in light of a change of administration and attendant change in policy priorities and approach to statutory interpretation,” the motion for voluntary remand states.

There are also ongoing as-applied challenges to the rule, including a Fifth Circuit suit challenging EPA’s risk evaluation for methylene chloride.  The court granted an EPA motion to hold that case in abeyance in February despite industry opposition, but reversed its decision a week later without explanation.

A post on the D.C. Circuit case can be found here.  More on the methylene chloride suit can be found here.

Health and Safety Reporting Rule Finalized for 16 Chemicals

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On December 13, 2024, EPA finalized a rule under the Toxic Substances Control Act (TSCA) requiring manufacturers of 16 chemical substances to submit unpublished health and safety studies to EPA.  The agency will use this information to inform possible evaluation and regulation of these substances under TSCA section 6.

Once the rule takes effect on January 13, 2025, covered entities will have 60 days to report unpublished health and safety information, which includes environmental monitoring data, studies on environmental effects, and tests on biological, photochemical, and chemical degradation.  Manufacturers must also submit lists of planned, ongoing, and known studies, even if the studies are not in their possession.

The rule requires manufacturers to submit these studies regardless of the level at which the substances are present in the evaluated media (e.g., air, soil, water, sediment, or biota).  That is, EPA opted not to include a minimum concentration level for these substances.  Historically, EPA has exempted studies in which a listed substance was only present as an impurity.  That is not the case here.

A complete list of the 16 chemicals can be found in a previous blog post.  On December 18, 2024, EPA initiated risk evaluations for five of these substances and began the prioritization process—an initial step before risk evaluation—for another five.  More on those actions can be found here.

Update

On March 6, 2025, EPA announced in an email that the agency will issue a rule to extend the reporting deadline by 90 days to June 11, 2025, for vinyl chloride and 180 days to September 9, 2025, for the other chemicals covered under the rule.

EPA and OSHA Reach TSCA Section 6 Information Sharing Agreement

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On January 13, 2025, EPA and OSHA released a new memorandum of understanding (MOU) governing the agencies’ coordination on “existing chemical substances that are subject to prioritization, risk evaluation, and risk management by EPA under section 6 of the Toxic Substances Control Act (TSCA).”

The MOU provides for regularly scheduled updates between the agencies on workplace chemical matters, establishes protocols for the transfer of confidential business information (CBI), and includes an intent to coordinate on outreach and communications materials.  The agencies also agreed to share information on “complaints, inspections, potential violations and EPA’s planned enforcement,” as well as information on each agency’s enforcement focus areas.

EPA and OSHA anticipate that the agreement “will result in improved workplace health and safety protections for workers using existing chemical substances and allow for effective implementation of our national workplace and environmental protection statutes.”

Regulation of workplace chemical exposures come at the intersection of EPA’s TSCA obligations and OSHA’s authorities under the Occupational Safety and Health (OSH) Act.  However, the MOU notes that “TSCA differs from the OSH Act in several respects including jurisdiction and covers a wider range of workers”—arguments that EPA has invoked to defend stricter TSCA exposure limits than those required by OSHA regulations.

EPA and OSHA previously entered an MOU on coordination under TSCA section 5, which governs EPA’s regulation of new chemicals.  That 2021 agreement is similarly structured, with provisions implementing regularly scheduled updates on EPA activities and CBI protocols.

First Trials Scheduled in Long-Running Paraquat Litigation

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The first three trials have been scheduled to begin in October 2025 in a multidistrict litigation with over 5,800 plaintiffs claiming that exposure to the pesticide paraquat dichloride caused them to develop Parkinson’s disease.  A second set of trials is scheduled to begin in April 2026.

The case was filed in June 2021.  A previous set of trial cases were tossed in April 2024 after the court ruled that expert testimony linking the herbicide to Parkinson’s disease relied on “methodological contortions and outright violations of…scientific standards.”

Defendants Syngenta and Chevron maintain that there is no causal link.  They also argue that the litigation is “burdened by cases alleging implausible theories of paraquat exposure,” despite court efforts to clean the docket of cases that “should never have been filed.”

EPA has not found a “clear link” between paraquat exposure from labeled uses and Parkinson’s disease or cancer.  However, on January 17, 2025, EPA asked the Ninth Circuit to allow the agency to withdraw a 2021 interim decision on paraquat to give the agency more time to consider its health risks.

According to EPA, paraquat is one of the most widely used pesticides in the US.  It often referred to as Gramoxone, the name of a popular end-use product manufactured by Syngenta.  Chevron stopped manufacturing and distributing paraquat in 1986.

The case is In Re: Paraquat Products Liability Litigation v. Syngenta Crop Protection, LLC, No. 3:21-md-03004 (S.D. Ill.).

EPA’s PFAS Fluorination Rulemaking Survives Legal Challenge

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The D.C. District Court has dismissed a Toxic Substances Control Act (TSCA) citizen suit seeking to speed up the agency’s rulemaking on PFAS formation during plastic fluorination.  The court held that an EPA request for information satisfied TSCA’s requirement that the agency “initiate…action” within 180 days to mitigate “significant risk.”

The environmental groups behind Public Employees for Environmental Responsibility v. Regan, No. 24-2194, argued that TSCA section 4(f) required EPA to issue a rule prohibiting PFOA formation during fluorination within that timeframe.  However, the court ruled that EPA’s September 30, 2024, request for information—which sought details on the number and uses of fluorinated containers, alternatives to fluorination, and risk mitigation measures—was sufficient.

“That request plainly ‘initiate[d] . . . action’…by kickstarting the information-gathering process, and it therefore successfully completed the necessary first step of any rulemaking,” the December 11 opinion states.

The court also rejected the petitioners’ interpretation of TSCA section 7(a)(2), which they argued required EPA to seek injunctive relief  if an “imminently hazardous” chemical exists without a rule addressing it.  That provision only applies if EPA has implemented a rule that is not “immediately effective,” the court held.

Both petitioners were among the organizations who successfully petitioned for EPA to initiate a rulemaking after the Fifth Circuit struck down previous EPA efforts to regulate fluorination in April 2024.  They filed the suit in July, two weeks after EPA granted their petition and before the agency published its information request.

Industry Pushback

Meanwhile, Inhance Technologies—the fluorination company that won the Fifth Circuit case—is arguing that EPA must restart its rulemaking from scratch.  In December comments submitted on EPA’s information request, Inhance stated that EPA “cannot skirt the prioritization process” and “must conduct a new risk evaluation” if it wants to regulate fluorination—steps that take as long as 4.5 years under TSCA.

In addition, Inhance contends that EPA regulations require the agency to consider the subject PFAS under all their conditions of use, not just fluorination.  “EPA cannot pursue a…rule selectively targeting fluorination,” the comments state.

For more on PFAS formed in plastic fluorination and the Inhance saga, explore our archive of blog posts on the topic.