New Rulemaking Effort Aims to Keep Toxics Out of Cosmetics
In 2023, the Washington state Legislature passed the Toxic-Free Cosmetics Act (“TFCA”). The Act restricts the manufacture, distribution, and sale of cosmetic products within Washington state that contain certain toxic chemicals. As of January 1, 2025, the TFCA will restrict nine toxic chemicals and chemical classes, including formaldehyde, mercury and mercury compounds, and lead and lead compounds, from cosmetic products. The Washington State Department of Ecology (“Ecology”) has started the rulemaking process, which will establish which chemicals Ecology will restrict and by when. Ecology anticipates restrictions on up to 10 formaldehyde-releasing chemicals could take effect as early as January 1, 2026. Interested parties are invited to participate in an informal comment period from May 22 through August 13, 2024.
EPA Adopts PFAS Drinking Water Standards Establishing de Facto Groundwater Cleanup Standards
Stephen Campbell and Mark Steger authored an article, “EPA Adopts PFAS Drinking Water Standards Establishing de Facto Groundwater Cleanup Standards.”
On April 10, the U.S. Environmental Protection Agency (EPA) adopted the final National Primary Drinking Water Regulations (Rule) for six per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as GenX Chemicals), and perfluorobutane sulfonic acid (PFBS).
The Rule establishes both legally enforceable Maximum Contaminant Levels (MCLs) and health-based, non-enforceable Maximum Contaminant Level Goals (MCLGs) for these PFAS in drinking water. This Rule also effectively establishes groundwater clean-up standards in some states including Michigan, Pennsylvania, and Wisconsin, and, for two of the identified PFAS (PFOA and PFOS) the Rule establishes the remedial action cleanup criteria for hazardous substances in groundwater under the Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
