September 16, 2026

Chemical Safety

EPA has issued its final TSCA “framework” rule governing risk evaluations of existing chemicals, aiming to broaden the scope of its reviews and codify several controversial Biden administration policies including its rejection of a Trump-era approach to considering workers’ use of personal protective equipment (PPE), despite several industry groups’ claims that the new method is unlawful.

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Chemical industry groups, labor unions and a prominent public health group have filed separate petitions asking four different appellate courts to review EPA’s final TSCA risk management rule phasing out ongoing uses of chrysotile asbestos, setting up a high-stakes lottery to determine which court will ultimately hear the precedent-setting case.

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EPA has preliminarily determined that many activities that disturb legacy asbestos -- such as demolition of older buildings that were constructed with the material -- pose “unreasonable risk” to workers and others, potentially triggering new TSCA rules to protect them, according to a draft of the agency’s long-awaited “part 2” evaluation of the mineral.

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Republican lawmakers are continuing their push-back against EPA’s draft risk evaluation of formaldehyde, with a new letter warning the agency that a potential workplace exposure limit is too stringent and could jeopardize a range of industrial sectors, while also raising concerns that any rule based on the review could conflict with Fish and Wildlife Service (FWS) policies.

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The White House Office of Management and Budget (OMB) has approved OSHA’s final rule updating the hazard communication standard (HCS) that governs safety labels for toxic, flammable and otherwise dangerous chemicals, after employers and trade groups warned that the 2021 proposal would massively expand data-gathering requirements.

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EPA has formally published its TSCA chrysotile asbestos rule, starting a 60-day clock for potential court challenges and a rolling series of compliance deadlines for industries to phase out the mineral -- starting with bans on new imports or installation of several asbestos-based products that are now set to take effect in late November.

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EPA will use an industry “workshop” next month to unveil standard “occupational exposure scenarios” (OES) developed by staff to assess potential worker exposures as part of its TSCA risk evaluations of existing chemicals -- a move that could help address industry complaints that those reviews greatly overstate occupational risks.

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Nine congressional Republicans and one Democrat are pressing EPA to loosen an exposure limit in its draft TSCA risk evaluation of formaldehyde, arguing that adopting the proposed figure would result in a “de facto ban” of the ubiquitous chemical despite the agency’s statements that it will consider costs and practicability in any rule based on the review.

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A coalition of labor groups alongside environmentalists is reiterating its calls for new or revamped semiconductor facilities to commit to environmental and safety measures, including limiting PFAS exposures, as the Commerce Department begins awarding funds under a new program aimed at rebuilding the domestic semiconductor industry.

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Just-released fiscal year 2024 spending legislation keeps OSHA and other Labor Department (DOL) worker-protection agencies at their current funding despite an overall cut to the department, while preserving some of the budget for the lapsed Chemical Facility Anti-Terrorism Standard (CFATS) program -- which could allow Congress to revive it later in the year.

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