Toxic (Re)Tort | Mass & Toxic Tort Tracker

Rulemakings (State & Federal)

The Rulemakings section provides a summary of significant regulatory developments, including proposed and final laws and regulations, broken down by state to provide guidance to those in the toxic tort industry.

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Alabama

• August 2025: Adopted new amendments to the Alabama Department of Environmental Management’s (ADEM) Air Pollution Control Program regulations (Division 335-3). The revisions adopt the EPA’s changes to federal New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants, remove affirmative defense provisions to match the EPA’s removal of these provisions from federal regulations, and remove some trigger language related to emissions violations occurring during startup, shutdown, and malfunctions of equipment.
• August 2025: Proposed modifications to ADEM’s Hazardous Waste Program regulations (Division 335-14) to adopt several codified and revised federal rules promulgated by the EPA. The rules include a list of wastes generated from processes related to coal combustion and fossil fuels that are exempt from hazardous waste regulations when disposed alongside other coal combustion wastes, and changes to the definition of “solid waste” to bring state regulations in line with federal regulations. The comment deadline closed October 7, 2025.

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California

• October 2025: The Department of Public Health proposed changes to the Childhood Lead Poisoning Prevention Program that would expand the existing standard of care for screening children at risk of lead poisoning to include environmental risk factors and would clarify health care providers’ duties under this standard of care.

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Delaware

• February 2026: The Department of Natural Resources and Environmental Control proposed revisions to regulatory requirements for reporting the discharge of a pollutant or air contaminant as mandated in 7 Del. C. Section 6028. The revisions would amend the definitions for a reportable discharge and change certain reportable quantities for discharges of pollutants or air contaminants.
• February 2026: The Department of Health and Social Services implemented a new regulation governing the use of lead-based paints on outdoor structures. The regulation establishes standards for regulating the use of lead-based paint on outdoor structures and creates an enforcement mechanism to report and fine violators.

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Illinois

• August 2025: The governor signed Senate Bill 328 into law, providing that any entity doing business in Illinois consents to general jurisdiction in Illinois for any action alleging injury or illness resulting from exposure to substances defined as “toxic” under the Illinois Uniform Hazardous Substances Act, as long as at least one codefendant is subject to jurisdiction in Illinois under the long-arm statute. Consent to general jurisdiction terminates only upon formal withdrawal from the state.

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Iowa

• September 2025: The Iowa Environmental Protection Commission proposed ARC 9539C, which would amend Chapter 30 of the Iowa Administrative Code to increase caps for specific air quality fees and add a new Title V annual base fee and a new fee for revisions to asbestos notifications. The deadline for public comments ended on October 20, 2025.

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Massachusetts

• September 2025: Amended the Massachusetts Ambient Air Quality Standards (310 CMR 6.00, 7.00) to match increased fine particulate matter and sulfur dioxide National Ambient Air Quality Standards promulgated by the EPA in 2024.

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Nebraska

• December 2025: The Department of Water, Energy, and Environment updated Title 129, Air Quality Regulations, for the State Implementation Plan to clarify air quality requirements administered under the state implementation plan and Title V permitting program. The revisions address ambient air quality standards, construction permitting and preconstruction activities, prevention of significant deterioration, acid rain requirements, emissions reporting, incorporation of current federal New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP), incinerator emission standards, and sulfur compound and nitrogen oxides emission standards. Collectively, the proposed changes are intended to correct outdated references, conform state rules to current federal requirements, and clarify the regulatory scheme.

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New Hampshire

• January 2026: Effective January 1, 2026, Regulation 11460 amended portions of Env-A 1800, Asbestos Management and Control, as part of Rulemaking 2025-216. The amendments update notification and fee provisions under Env-A 1804, revise notification timing requirements for certain demolition activities, and reflect the Department of Environmental Services’ reorganization and modernization of asbestos notification and application forms. 

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New Jersey

• September 2025: Amended N.J.A.C. Chapter 7:1E and repealed Chapter 8.10, expanding the definition “hazardous substance” to include all hazardous substances regulated under the Spill Compensation and Control Act. The goal is automatically roll into the Discharge of Petroleum and Other Hazardous Substances regulations any hazardous substances the EPA adds to the federal statutes listed in N.J.S.A. 58:10-23.11b, with the same procedure for substances removed by the EPA. The amendment adds 263 substances, 262 of them regulated under the Community Right to Know program, along with 172 PFAS chemicals, 159 of them from the updated federal Toxics Release Inventory list. Additional updates include the correction of various CAS numbers and the removal of non-hazardous substances regulated under the Spill Compensation and Control Act such as saran and PVC.

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New Mexico

• September 2025: Adopted NMAC 20.11.20 (Fugitive Dust Control), which adds language clarifying that asbestos inspectors must be accredited.

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Ohio

• January 2026: The Ohio EPA amended OAC Chapter 3750 by revising the designation of hazardous substances, determination of reportable quantities for hazardous substances, notification requirements for mixtures or solutions, and release notification requirements for radionuclides and solid particles. 
• January 2026: January 16, 2026 amendments to OAC Chapter 3745-51 update the definition of “waste” and related exclusions, revise provisions governing hazardous waste from non-specific sources, and modify the conditional exclusion for used, broken cathode ray tubes (CRTs) and processed CRT glass undergoing recycling. The rulemaking also revises applicability determinations and contingency planning and emergency procedures for facilities that generate or accumulate more than 6,000 kg of excluded hazardous secondary materials, aligning Ohio’s hazardous waste regulations with current federal requirements and clarifying management standards for excluded secondary materials.
• August 2025: Proposed amendments to several rules under OAC Chapter 3701-3 (Communicable Diseases) that relate to reporting occupational diseases, air- and blood-borne diseases reasonably likely to be transmitted to emergency medical services workers, time to report, reporting to department, and reporting requirements. The amendments specify the reporting requirements for poison control prevention, treatment centers, pharmacies, and pharmacists, as well as other health-related entities.

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Oregon

• September 2025: Proposed changes to OAR 340-122-0115 of the Hazardous Substance Remedial Action Rules that would update the definition of “hazardous substance” to include any release of source, byproduct, or special nuclear material from a nuclear incident.

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Tennessee

• February 2026: Effective February 8, 2026, new rules in Chapter 0400-15-04 regulate the use of soil excavated from construction sites at other locations and provide a coordinated approach for managing soil that contains, or may reasonably be anticipated to contain, hazardous substances but meets specified contamination criteria, including Category 1 or Category 2 soil. When soil is excavated and used in compliance with Chapter 0400-15-04, it is conditionally exempt from regulation as solid waste under Chapter 0400-11-01. The rule prohibits the off-site use of soil containing polychlorinated biphenyls (PCBs), listed hazardous wastes, or other materials that would otherwise require management under hazardous waste regulations, and establishes definitions, applicability provisions, and responsibilities for soil generators, contractors, and recipients to ensure protective reuse of eligible soils.

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Texas

• July 2025: The Texas Commission on Environmental Quality proposed amendments to Chapter 17 (Control of Air Pollution from Nitrogen Compounds). If adopted, the amendments would change the requirements for major industrial, commercial, or institutional sources of NO_X. The proposed revisions establish new emissions standards and exemptions for stationary gas-fired engines using landfill gas, diesel engines, process heaters, natural-gas-fired ovens, and incinerators. The public comment period closed on August 25, 2025.

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Utah

• December 2025: Effective December 1, 2025, the Air Quality Board amended the Utah Asbestos Rule to reduce regulatory burdens by exempting non-NESHAP residential homes constructed after 1992 from asbestos inspection requirements based on the lower likelihood that asbestos is present in newer homes.

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Vermont

• November 2025: Effective November 4, 2025, Vermont Fire & Building Safety Code Rule 25P022 establishes minimum standards to protect the public from risks of fire, explosion, hazardous materials, dangerous structural conditions, and carbon monoxide poisoning within public buildings. The rule also regulates the removal of asbestos-containing materials and training for persons who remove asbestos-containing materials.

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Washington

• June 2025: The Washington State Department of Health adopted amendments to Chapters 246-290 and 246-390 of the Washington Administrative Code to align the sections with changes to the National Primary Drinking Water Regulations (40 C.F.R. Part 141) for PFAS, including monitoring, reporting, public notification, treatment, and violations, as well as the federal PFAS maximum contaminant levels. This rule became effective on July 18, 2025.

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West Virginia

• July 2025: The West Virginia secretary of state approved amendments to West Virginia Code of Regulations Series 64-45, which establishes procedures and standards for the licensure and training of persons who engage in activities related to lead abatement and for the operation of lead abatement projects. The amendments extend the sunset date, contain technical cleanup, amend portions of the rule to align with current EPA standards, and increase fees for obtaining lead abatement licenses. The amendments were modified in October 2025 following review and comment by the Legislative Rule-Making Review Committee.

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Wisconsin

• May 2026: Effective May 1, 2026, the Department of Natural Resources amended WAC Chapter NR 809 to update and strengthen requirements for the control of lead and copper in public drinking-water systems. Adopted under Clearinghouse Rule CR 25-063 and Board Orders DG-16-23 and DG-04-24, the rule revises state regulations to remain no less stringent than the U.S. Environmental Protection Agency’s revised federal Lead and Copper Rule and Lead and Copper Rule Improvements. Wisconsin’s regulation also addresses corrosion control treatment steps for small, medium, and large water systems, source-water monitoring and treatment, lead service line inventory and replacement requirements, public education and outreach requirements, and monitoring and corrective actions for lead and copper in tap water, including individual tap samples.
• February 2026: The Department of Safety and Professional Services proposed updates to WAC Chapter SPS 325 and related sections of the Uniform Dwelling Code (Chapters SPS 320–325) and Commercial Building Code (Chapters SPS 361–366) to reflect recent changes in federal standards governing the allowable lead content of plumbing materials and products. In addition to incorporating updated federal lead requirements, the proposal amends and reorganizes existing code language to improve clarity, consistency, and usability for code officials, licensees, and regulated entities. The rule updates are scheduled for publication on June 29, 2026, and scheduled to take effect on September 1, 2026.
• September 2025: The Department of Natural Resources proposed changes to Board Order DG-01-24 that affects Chapter NR 809 of the Wisconsin Administrative Code. If adopted, the revisions would establish drinking-water standards, referred to as maximum contaminant levels, based on the new federal standards addressing lead and copper in public drinking water, and for certain PFAS, including the contaminant compounds PFOA, PFOS, PFHxS, PFNA, PFBS, and HFPO-DA.
• August 2025: Rule CR 24-082, which amends DHS 163.03 (67), 181.03 (10), and 182.03 (10), relating to the definitions of “lead exposure” and “lead poisoning or exposure,” went into effect August 1, 2025. The rule is based on the Centers for Disease Control and Prevention’s blood lead reference value, which was based on the 97.5th percentile of blood lead distribution in U.S. children ages 1–5 years. Any physician, nurse, hospital administrator, director of a blood drawing site, or local health officer who obtains blood samples or orders blood samples to be taken from persons to determine the concentration of lead in the blood may be affected by the rule.

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