Industrials Regulatory News and Trends - November 10, 2025

Welcome to Industrials Regulatory News and Trends. In this regular bulletin, DLA Piper lawyers provide concise updates on key developments in the industrials sector to help you navigate the ever-changing business, legal, and regulatory landscape.

Deadline approaches for comments on proposed changes to Chemical Risk Evaluation Process under the TSCA. Today, November 7, is the deadline to submit comments to the Environmental Protection Agency (EPA) on a proposed rule that would change the way the agency evaluates the risks of chemicals under the Toxic Substances Control Act (TSCA). EPA states that the proposed rule, pursuant to Executive Order 14219, “Ensuring Lawful Governance and Implementing the President's ‘Department Of Government Efficiency’ Deregulatory Initiative,” and EPA Administrator Lee Zeldin’s Powering the Great American Comeback initiative, would streamline such evaluations while increasing transparency and providing a more predictable regulatory process for chemical manufacturers. The current procedural framework for evaluating the risk of chemicals is set out in a 2017 rule that was revised in 2024 to require a single, comprehensive risk determination for each chemical across all conditions of use (COUs). The proposed rule would revert to separate evaluations for each COU. Among other key changes in the proposed rule: EPA would be allowed to take into account occupational exposure controls, such as personal protective equipment, in risk determinations and chemical risk evaluations; would use the definition of “weight of scientific evidence” set out in Executive Order 14303, “Restoring Gold Standard Science”; would eliminate “overburdened communities” from the list of “potentially exposed or susceptible subpopulations” that must be considered in evaluations; and would require less information from manufacturers submitting requests for risk evaluations. See the proposed rule here.

Troutman nomination advances. On October 29, the Senate Environment and Public Works Committee advanced the nomination of Douglas Troutman to head the Environmental Protection Agency's Office of Chemical Safety and Pollution Prevention, which regulates the use of pesticides and chemicals. During his confirmation hearings on October 8, Troutman stated that under his leadership the agency would seek to “provide a clean, safe environment, with an eye toward strong economic growth.” Replying to questions about reviews of new chemicals under the Toxic Substances Control Act (TSCA), he said that he would seek to expedite such reviews in keeping with President Donald Trump’s support for United States energy dominance. His intent, he stated, is for “nothing to change” regarding EPA’s “robust reviews of new and existing chemicals based on the risk-based process under TSCA.” Troutman most recently served as interim co-CEO of the American Cleaning Institute. Next, the Senate will vote on whether to confirm his nomination.

CSB to investigate Tennessee munitions plant explosion. The US Chemical Safety and Hazard Investigation Board (CSB) will investigate an October 10 explosion at a Tennessee explosives factory in which 16 workers died and the factory was destroyed. The Accurate Energetic System facility in Humphreys County, Tennessee manufactures explosive products for the commercial and defense markets. Since the explosion, the site has been under the control of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), as ATF investigators study the debris field and dispose of hazardous materials, such as damaged, unexploded munitions. As it prepares for its investigation, CSB has been coordinating with ATF and requesting information from the company about the facility and its operations. CSB is the nonregulatory federal agency that investigates incidents that result, or may result, in the catastrophic release of extremely hazardous substances. It does not issue citations or fines but makes safety recommendations to companies, industry organizations, labor groups, and regulatory agencies.

$1.5 billion federal loan for development of low-carbon fertilizer plant in Indiana. On October 29, the US Department of Energy (DOE) finalized a $1.5 billion loan to Wabash Valley Resources, LLC to repurpose an idled coal gasification plant into a new low-carbon ammonia fertilizer factory – the first fertilizer plant in Indiana. This is the second loan guaranteed by the DOE under its Energy Dominance Financing (EDF) Program, created by the One Big Beautiful Bill Act. The plant is scheduled to start production by the end of 2028. Of note: carbon emissions from the plant will be captured and injected into mile-deep underground storage wells; EPA issued permits for the wells in early 2024. The federal government has been working to expand US fertilizer production for some time. The loan process for this Indiana project, for instance, began in 2019. In 2022 and 2023, the USDA awarded grants to numerous industrial projects across the country to develop and expand fertilizer manufacturing capabilities via the $900 million Fertilizer Production Expansion Program. In early January this year, the DOE announced a loan guarantee of up to $1.26 billion to Michigan Potash Company, LLC to help finance construction of a potash solution mine and processing plant.

BIS to suspend the 50-percent ownership rule for certain entities. The White House has confirmed that, for certain entities, the Bureau of Industry and Security’s 50-percent ownership rule (known as the BIS Affiliate Rule) will be suspended for one year – a development arising from negotiations between the US and China in South Korea last week. Treasury Secretary Scott Bessent stated that the BIS Affiliate Rule is being suspended “in return for the suspension on the rare earth licensing regime” by China’s Ministry of Commerce, which has agreed to issue general licenses to export rare earths until November 27, 2026. See our alert to learn more.

EPA reverses course on coke emissions standards. In a reversal, EPA Administrator Lee Zeldin has signed a final rule that reinstates the original compliance deadline for the National Emission Standards for Hazardous Air Pollutants for Coke Ovens. Coke is a key component in steelmaking. The tighter standards governing emissions from coke plants were originally slated to go into effect in July 2025, but, that month, the agency extended their compliance deadline by two years, stating that the industry could not feasibly implement them. The final rule signed by Zeldin last month reinstates the original effective date. The rule establishes stricter emissions limits for emissions of such substances as mercury and requires plants that manufacture coke to install fenceline monitoring systems for releases of benzene. Also in July, EPA extended the compliance deadline for a separate rule, Integrated Iron and Steel Manufacturing: National Emission Standards for Hazardous Air Pollutants, by two years. At this writing, it is unclear whether that postponement too will be reversed.

Another PFAS added to Toxics Release Inventory. EPA has added sodium perfluorohexanesulfonate (PFHxS-Na), a per- and polyfluoroalkyl substance (PFAS), to the Toxics Release Inventory (TRI) list. The agency advises facilities subject to reporting requirements for PFHxS-Na to begin tracking their activities involving that chemical starting January 1, 2026. Reporting forms are due to EPA by July 1, 2027. The addition of PFHxS-Na to the TRI arises from the agency’s finalization earlier this year of a toxicity value, “IRIS Toxicological Review of Perfluorohexanesulfonic Acid (PFHxS, CASRN 335-46-4) and Related Salts.”

ACEA urges European Commission to revise emissions targets for carmakers. The European Automobile Manufacturers’ Association (ACEA), which represents 16 major Europe-based vehicle manufacturers, has asked the European Commission to recalibrate its fleet average emissions targets for manufacturers of motor vehicles, arguing the 2035 zero-emission target is unrealistic given weak electric vehicle demand and gaps in the charging network. ACEA supported various proposals put forward by the Commission, including allowing manufacturers to meet their 2025–2027 emissions targets based on a three-year average (rather than annually), providing incentives such as super credits for small EVs, and recognition of plug in hybrids, range extenders, and carbon neutral fuels. The group also seeks credit from the Commission for using decarbonized materials like green steel.