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Substance AdditionLiveMar 7, 2025

Vinyl Acetate Added to Proposition 65 List for Cancer

Effective March 7, 2025, OEHHA added vinyl acetate (CAS 108-05-4) to the Proposition 65 list of chemicals known to cause cancer. The listing followed a determination by the Carcinogen Identification Committee (CIC) at its December 19, 2024 meeting. Businesses that manufacture, distribute, or sell products containing vinyl acetate in California must now provide Proposition 65 warnings for significant exposures unless safe harbor levels are established.

PROP65Office of Environmental Health Hazard Assessment (OEHHA)Mar 7, 2025
Substance AdditionLiveMar 7, 2025

OEHHA adds vinyl acetate to the Proposition 65 list as a chemical known to cause cancer (warnings enforceable starting Jan 3, 2026)

OEHHA listed vinyl acetate under Proposition 65 as a chemical known to cause cancer (listing effective January 3, 2025). The Prop 65 warning requirement for significant exposures becomes enforceable starting January 3, 2026 (one-year grace period typical for new listings). Compliance teams should assess products/operations that may expose California consumers/workers to vinyl acetate and implement compliant Prop 65 warnings and related substantiation/documentation before the enforceability date.

California Proposition 65California Office of Environmental Health Hazard Assessment (OEHHA)Mar 7, 2025
Regulation ChangeLiveMar 5, 2025

EU updates battery waste codes; black mass and Li-ion batteries classified as hazardous

Commission updates European List of Waste with new battery-related waste codes. Black mass, lithium-based waste batteries, nickel-based waste batteries, and zinc-based waste batteries are now classified as hazardous waste. New codes introduced for waste from battery manufacturing, post-consumer batteries, and intermediate fractions from battery recycling. Classification supports better control of black mass shipments and implements export restrictions to non-OECD countries from December 2026.

EU Battery Regulation (EU) 2023/1542European CommissionMar 5, 2025
Regulation ChangeLiveMar 5, 2025

European Commission updates EU List of Waste with new battery-related waste codes (including hazardous classification for “black mass”)

The European Commission announced an update to the EU List of Waste introducing new battery-related waste codes spanning manufacturing waste, post-consumer battery waste, and intermediate recycling fractions. The update clarifies/classifies “black mass” as hazardous waste and classifies several battery chemistries (including lithium-, nickel-, zinc-based; sodium sulphur; alkaline waste batteries) as hazardous, including adding a new hazardous code for lithium-based batteries in separately collected municipal waste. This affects waste classification, handling, storage, and cross-border shipment compliance (e.g., documentation and shipment controls) for battery producers, collectors, recyclers, and logistics providers supporting EU Battery Regulation circularity requirements.

EU Battery Regulation (Regulation (EU) 2023/1542) / EU waste classification (List of Waste)European Commission (Directorate-General for Environment)Mar 5, 2025
Regulation ChangeLiveMar 5, 2025

EU updates battery-related waste codes to support circular economy

The European Commission updated battery-related waste codes in the European List of Waste to improve tracking of black mass (a key intermediate product from battery recycling containing critical raw materials like lithium, cobalt, and nickel). This amendment provides better control over black mass shipments and ensures these valuable materials remain in the European economy. The update directly supports the EU Battery Regulation's objectives for circular economy, supply security for raw materials, and strategic autonomy in critical battery materials.

EU Battery Regulation (EU) 2023/1542European CommissionMar 5, 2025
Deadline UpdateLiveMar 4, 2025

FHWA delays effective date of final rule on Buy America requirements for manufactured products

FHWA published a final rule delaying the effective date of its manufactured products Buy America final rule. This action changes the date the amended requirements formally take effect (effective-date delay), which can affect contracting timing, compliance planning, and the applicability of updated regulatory text for recipients and contractors working on FHWA-funded highway projects.

Build America, Buy America Act (BABA) / FHWA Buy America (23 CFR 635.410)Federal Highway Administration (FHWA), U.S. Department of TransportationMar 4, 2025
Deadline UpdateLiveMar 4, 2025

FHWA Delays Manufactured Products Rule Effective Date to March 20, 2025

FHWA published a final rule delaying the effective date of the Buy America Requirements for Manufactured Products final rule from March 17, 2025 to March 20, 2025, pursuant to the January 20, 2025 'Regulatory Freeze Pending Review' Presidential Memorandum. The underlying final rule terminates FHWA's general waiver for manufactured products and establishes new Buy America requirements for manufactured products used in Federal-aid highway projects, with phased implementation through October 2026.

Build America, Buy America Act (BABAA) ComplianceFederal Highway Administration (FHWA)Mar 4, 2025
Guidance UpdateLiveMar 1, 2025

CARB pauses Mobile Source Strategy development

CARB announced it is pausing development of the Mobile Source Strategy and reconsidering the approach. The strategy, required by SB 44 (2019) to be updated every 5 years following the 2016 Strategy, guides mobile source emissions reduction planning. The pause reflects ongoing evaluation of opportunities amid evolving vehicle markets and policy priorities.

Mobile Source Strategy (SB 44)California Air Resources BoardMar 1, 2025
Enforcement ActionLiveFeb 21, 2025

CARB Increases Maximum Enforcement Penalties Based on 2024 CPI Adjustment

CARB's Enforcement Division issued a memorandum increasing maximum penalties for violations based on the 2024 California Consumer Price Index adjustment. The increased penalty amounts apply to violations occurring on or after February 21, 2025. This represents a routine but required adjustment to penalty structures to maintain their deterrent effect. Compliance teams should reference the updated penalty tables when assessing potential violation settlements.

California Air Resources BoardCalifornia Air Resources BoardFeb 21, 2025
Guidance UpdateLiveFeb 21, 2025

Hawaii DOH updates PFAS Environmental Action Levels adding HFPO-DA (GenX)

The Hawaii Department of Health Hazard Evaluation and Emergency Response (HEER) Office has updated its interim Soil and Water Environmental Action Levels (EALs) for per- and polyfluoroalkyl substances (PFAS). The February 2025 revision adds HFPO-DA (GenX) to the 'Primary Terminal PFASs' category due to its recalcitrance to breakdown in the environment and TOPs processing. The update includes new sample data input capability for HFPO-DA in the accompanying Total PFAS Risk calculator. Hawaii maintains one of the most comprehensive sets of risk-based PFAS action levels in the United States, covering 24 PFAS compounds.

Hawaii PFAS Environmental Action Levels (EALs) GuidanceHawaii Department of HealthFeb 21, 2025
Guidance UpdateLiveFeb 21, 2025

Oregon DEQ approves Circular Action Alliance (CAA) program plan as Oregon’s Producer Responsibility Organization; implementation begins July 1, 2025

Oregon DEQ announced approval of Circular Action Alliance’s (CAA) Producer Responsibility Organization program plan under Oregon’s Recycling Modernization Act/packaging EPR framework. The approved plan governs operational details producers must follow (e.g., how the PRO will implement collection/recycling modernization requirements), with implementation described as beginning July 1, 2025. For compliance teams, this is an official milestone confirming the approved PRO and the operative plan document that underpins producer participation, fees, and reporting/operational expectations during the plan period.

Oregon Recycling Modernization Act (Packaging EPR) — Producer Responsibility Organization (PRO) program plan approvalOregon Department of Environmental Quality (DEQ)Feb 21, 2025
Guidance UpdateLiveFeb 21, 2025

Hawaii DOH updates PFAS EALs guidance adding HFPO-DA

The Hawaii Department of Health Hazard Evaluation and Emergency Response (HEER) issued an update to the Interim Soil and Water Environmental Action Levels (EALs) for PFAS. The February 2025 update adds HFPO-DA (GenX) to the 'Primary Terminal PFASs' category due to its recalcitrance to breakdown in the environment and TOPs processing. An option to input sample data for HFPO-DA has been added to the accompanying 'Total PFAS Risk' calculator.

Hawaii DOH HEER PFAS Environmental Action Levels GuidanceHawaii Department of Health - Hazard Evaluation and Emergency ResponseFeb 21, 2025
Guidance UpdateLiveFeb 21, 2025

Hawaii DOH Updates PFAS Environmental Action Levels Guidance

Hawaii Department of Health updated its interim Environmental Action Levels (EALs) for PFAS, adding HFPO-DA (GenX) to the 'Primary Terminal PFASs' category due to its recalcitrance to breakdown in the environment and TOPs processing. The guidance establishes action levels for over 24 PFAS compounds including PFOA (4 ppt), PFOS (4 ppt), PFHxS (10 ppt), PFNA (10 ppt), HFPO-DA (10 ppt), and others with levels up to 18,000 ppt. Hawaii's EAL guidance is considered one of the most comprehensive PFAS screening frameworks in the United States, incorporating Total Oxidizable Precursors (TOPs) testing, Total Organic Fluorine (TOF) methods, and a Hawaii-specific calculator for cumulative risk assessment from complex PFAS mixtures.

Hawaii PFAS Environmental Action Levels (EALs) GuidanceHawaii Department of Health, Hazard Evaluation and Emergency Response OfficeFeb 21, 2025
Enforcement ActionLiveFeb 21, 2025

CARB Enforcement Division updates maximum penalty amounts based on 2024 California CPI (effective for violations occurring on/after Feb 21, 2025)

CARB issued an Enforcement Division memo increasing maximum penalty amounts based on the 2024 California Consumer Price Index (CPI). The memo states the updated maximum penalties are effective immediately for settling violations occurring on and after February 21, 2025, and provides updated penalty tables. Compliance and legal teams should use the updated maximum penalty amounts when assessing enforcement exposure and settlement posture for applicable CARB violations.

California Air Resources Board — Enforcement (maximum penalties; CPI adjustment)California Air Resources Board (Enforcement Division)Feb 21, 2025
Guidance UpdateLiveFeb 19, 2025

EPA OIG Issues BABA Implementation Evaluation for State Revolving Fund Programs

The EPA Office of Inspector General issued Report No. 25-E-0016 evaluating the EPA Office of Water's guidance to State Revolving Fund Programs for implementing Build America, Buy America Act requirements. The evaluation assesses how effectively EPA has guided states on BABA compliance for Clean Water and Drinking Water State Revolving Fund programs, identifying implementation challenges and recommendations for improvement.

Build America, Buy America Act (BABA)U.S. Environmental Protection Agency Office of Inspector GeneralFeb 19, 2025
Public CommentProposedFeb 19, 2025

Council/Commission proposal sets EU position supporting listing of chlorpyrifos, MCCPs and LC‑PFCAs in Stockholm Convention Annex A

The Council of the European Union published an official proposal package for a Council Decision establishing the position to be taken on behalf of the EU at Stockholm Convention COP‑12, including support for listing chlorpyrifos, MCCPs (C14–C17, ≥45% Cl by weight) and long‑chain PFCAs in Annex A (elimination). The document discusses potential needs for specific exemptions (e.g., certain defence/aerospace uses for MCCPs). While not itself a binding market restriction, it is an official policy step indicating the EU’s stance in the treaty process and foreshadowing subsequent EU POPs Regulation alignment measures relevant to compliance planning.

EU position for Stockholm Convention COP‑12 (chlorpyrifos, MCCPs, LC‑PFCAs)Council of the European UnionFeb 19, 2025
Guidance UpdateProposedFeb 14, 2025

CEN-CENELEC publishes Draft Workshop Agreement on DPP creation guidelines

The CEN Workshop CircThread has published a Draft CEN Workshop Agreement (CWA) providing practical guidelines for creating Digital Product Passports. The document addresses DPP data structures, data carriers, unique identifiers, and implementation approaches aligned with the ESPR framework. As a draft CWA from the official European standardisation organisations, it represents developing technical guidance that will support DPP implementation ahead of the first mandatory requirements for batteries in February 2027.

EU Digital Product Passport (DPP) / ESPR frameworkEuropean Committee for Standardization (CEN) and European Committee for Electrotechnical Standardization (CENELEC)Feb 14, 2025
Regulation ChangeProposedFeb 12, 2025

Maryland HB 386 proposes PFAS pesticides prohibition with 2032 phase-in

House Bill 386 proposes prohibiting PFAS in pesticides with phased implementation. The bill would require the Maryland Department of Agriculture to distribute a list of registered PFAS pesticides to certified applicators and notify them of prohibitions on use at specified locations and for specified activities. All prohibitions begin in fiscal 2032. PFAS pesticides pose significant threats to Maryland waterways including the Patuxent River, Potomac River, Susquehanna River, and Chesapeake Bay. This is proposed legislation and compliance teams should monitor its progress.

Maryland House Bill 386Maryland General AssemblyFeb 12, 2025
Regulation ChangeProposedFeb 7, 2025

HB1295 proposes PFAS product manufacturer reporting requirements

HB1295 amends the PFAS Reduction Act to require, on or before January 1, 2027, any manufacturer of a product sold, offered for sale, or distributed in Illinois that contains intentionally added PFAS to submit specified information to the Illinois Environmental Protection Agency. The Agency may waive the submission or extend the time for compliance. The bill also provides that if the Pollution Control Board has reason to believe a product contains intentionally added PFAS and the manufacturer has not submitted required information, the Board may prohibit sale of the product. As of March 21, 2025, the bill was re-referred to the Rules Committee, indicating it remains pending. Manufacturers should monitor this bill for potential new reporting obligations.

PFAS IllinoisIllinois General AssemblyFeb 7, 2025
Regulation ChangeProposedFeb 5, 2025

Maryland SB 345 proposes PFAS pesticide restrictions at specific locations

Maryland SB 345 proposes restrictions on PFAS pesticide use beginning June 1, 2026. The bill would prohibit use of PFAS pesticides at health care facilities, schools, day care operations, for residential lawn care, and for commercial mosquito spraying operations. The Maryland Department of Agriculture would be required to identify and list registered PFAS pesticides for notification to certified applicators.

Maryland SB 345 (2025 Legislative Session)Maryland General AssemblyFeb 5, 2025