February 23, 2024

EPA Announces Update on Over-the-Top Uses of Dicamba

On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean (Existing Stocks Order). This announcement was needed in response to the February 6, 2024, ruling by the U.S. District Court of Arizona vacating the 2020 registrations for over-the-top (OTT) dicamba products. EPA states this Existing Stocks Order “addresses use of the formerly-registered...
February 23, 2024

EPA and DOE Announce Funding to Spur Development of Advanced Biofuels

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE) announced on February 22, 2024, the release of a Funding Opportunity Announcement (FOA), “Inflation Reduction Act Funding for Advanced Biofuels,” for up to $9.4 million for the development of advanced biofuels. According to EPA, the funding will support “high-impact biofuel technology projects to improve the performance and reduce the cost of biofuel production technologies, scale up production systems...
February 23, 2024

Petitions Filed to Add Caprolactam and Nylon 6 to List of Chemical Substances Subject to Superfund Excise Tax

The Internal Revenue Service (IRS) announced on February 22, 2024, that it received petitions requesting that caprolactam (89 Fed. Reg. 13400) and nylon 6 (89 Fed. Reg. 13399) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. AdvanSix Inc., an exporter of caprolactam and nylon 6, filed the petitions. The notice for caprolactam states: According to the petition, caprolactam, a white solid, is primarily used to manufacture nylon...
February 23, 2024

EPA Announces Its Implementation Approaches for Endangered Species Act Pesticide Policies

On February 7, 2024, U.S. Environmental Protection Agency (EPA) Assistant Administrator Michal Freedhoff announced the steps EPA is taking to incorporate stakeholder feedback and collaborate with other federal agencies on its requirement to comply with the Endangered Species Act (ESA).  Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as part of the registration process, EPA must comply with ESA to ensure pesticides do not harm endangered species or their critical...
February 22, 2024

EPA Announces Latest Update to the TSCA Inventory

The U.S. Environmental Protection Agency (EPA) announced on February 20, 2024, that it has released the latest Toxic Substances Control Act (TSCA) Inventory. According to EPA, “[t]his biannual update to the public TSCA Inventory is part of EPA’s regular posting of non-confidential TSCA Inventory data.” EPA plans the next regular update of the Inventory for summer 2024. EPA states that the TSCA Inventory contains 86,741 chemicals of which 42,293 are active in U.S commerce. EPA...
February 20, 2024

NNI Webinar on Nanometrology for Nanoscale Medical and Pharmaceutical Products Will Be Held March 1, 2024

The National Nanotechnology Coordination Office (NNCO) is organizing a series of National Nanotechnology Initiative (NNI) webinars on nanometrology, metrological challenges, and recent advances in three topical areas: food, agriculture, and environment; nanoscale medical and pharmaceutical products; and electronics. Registration is open for the third webinar in the series, Nanoscale Medical and Pharmaceutical Products, which will be held March 1, 2024, at 12:00 p.m. (EST). The webinar will...
February 20, 2024

EPA’s February 21, 2024, Webinar on NAMs Will Include Case Study Using Branched Carboxylic Acids

The U.S. Environmental Protection Agency (EPA) announced on February 16, 2024, that, in collaboration with the PETA Science Consortium International (PSCI), the Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR) on Wednesday, February 21, 2024, at 11:00 a.m. (EST) for a webinar on the use of new approach methodologies (NAM) or alternative methods to testing on vertebrate animals for chemical risk assessments. The presenters for the webinar,...
February 15, 2024

USDA Proposes Streamlined Regulation for Biobased Markets (BioPreferred) Program

The Rural Business-Cooperative Service (RBCS), an agency of the Rural Development mission area within U.S. Department of Agriculture (USDA), issued a proposed rule on January 24, 2024, that would adopt changes from the Agriculture Improvement Act of 2018 (2018 Farm Bill). 89 Fed. Reg. 4770. The changes include merging the Guidelines for Designating Biobased Products for Federal Procurement (7 C.F.R. Part 3201) and the Voluntary Labeling Program for Biobased Products (7 C.F.R. Part 3202) into...
February 15, 2024

EPA Announces Experts for Letter Peer Review of TCEP Draft Risk Evaluation

The U.S. Environmental Protection Agency (EPA) announced on February 14, 2024, the list of ten scientific experts selected to review the 2023 draft risk evaluation for tris(2-chloroethyl) phosphate (TCEP) under the Toxic Substances Control Act (TSCA). Biographies of these experts are available in docket EPA-HQ-OPPT-2023-0265. EPA states that it will hold a virtual public meeting on March 5, 2024, to review the documents and draft charge questions being posed to the reviewers and address any...
February 13, 2024

OECD Tour de Table Includes Information on U.S. Developments on the Safety of Manufactured Nanomaterials

The Organization for Economic Cooperation and Development (OECD) has published the latest edition of the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials — Tour de Table. The Tour de Table compiles information provided by delegations on the occasion of the 23rd meeting of the OECD Working Party on Manufactured Nanomaterials (WPMN) in June 2023. The Tour de Table lists U.S. developments on the human health and environmental safety of...
February 13, 2024

Register Now for B&C’s “FIFRA Hot Topics” Webinar on March 12, 2024, 11:00 a.m. – 12:00 p.m. (EDT)

Register now to join Bergeson & Campbell, P.C. (B&C®) for “FIFRA Hot Topics,” a complimentary webinar covering key priorities for the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) and what companies should know to avoid market entry delays and other commercial disruptions. During the Biden-Harris Administration’s term, EPA OPP has focused on long-standing challenges, including efforts to meet Endangered Species Act (ESA) consultation...
February 13, 2024

EPA Accepting Comments on Candidates for TSCA SACC Membership

The U.S. Environmental Protection Agency (EPA) announced on January 31, 2024, a 30-day public comment period on candidates currently under consideration for membership on the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC). This public comment period follows a November 2023 call for nominations of scientific experts to be considered for appointment to the SACC. EPA notes that there are currently 18 SACC members, with eight membership terms that will soon...
February 9, 2024

NIOSH Collaborates Globally on Workplace Safety of Nanomaterials

On February 1, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “NIOSH Global Collaborations on Workplace Safety of Nanomaterials.” According to the blog item, NIOSH’s global collaboration efforts “build on the strong NIOSH [Nanotechnology Research Center (NTRC)] research and guidance efforts contributing to the global technical information and guidance about protecting workers and aim to facilitate international...
February 9, 2024

EPA Will Hold Webinar on February 20, 2024, on Five Chemicals Undergoing TSCA Prioritization

On January 31, 2024, the U.S. Environmental Protection Agency (EPA) announced that it will hold a webinar on February 20, 2024, at 1:00 – 4:00 p.m. (EST) on the five chemicals currently undergoing prioritization under the Toxic Substances Control Act (TSCA). EPA states that the webinar is open to all, “but EPA is particularly interested in learning more about how these chemicals are used and how people could potentially be exposed at different points in...
February 8, 2024

EPA Releases Guidance to Clarify How It Will Evaluate “Absence of an Ingredient” Claim for Pesticides

On February 1, 2024, the U.S. Environmental Protection Agency (EPA) released guidance to clarify how it will evaluate “absence of an ingredient” claims for pesticide products regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). EPA states that it is aware that the regulated community seeks clarity on whether and how “absence of an ingredient” claims can be made lawfully on FIFRA-regulated product labels. EPA states that it will consider an “absence of...
February 7, 2024

EPA Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

The U.S. Environmental Protection Agency (EPA) announced on January 24, 2024, that it is extending the review period for confidential business information (CBI) claims for specific identity of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 89 Fed. Reg. 4605. EPA states that it “has determined that an extension of the statutory review period for the review of CBI claims under...
February 5, 2024

EPA Releases Draft 6PPD-Quinone Water Testing Method for Widespread Use

The U.S. Environmental Protection Agency (EPA) announced on January 30, 2024, the publication of a draft testing method (EPA Method 1634) that will enable government agencies, Tribes, and other groups to determine where and when 6PPD-quinone is present in local stormwater and surface waters. As reported in our November 3, 2023, blog item, on November 2, 2023, EPA announced that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA)...
February 2, 2024

EPA Enhances Online Search Tool for Ecolabel Recommendations in Federal Purchasing

The U.S. Environmental Protection Agency (EPA) launched enhancements to an online search tool for its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing on January 30, 2024. According to EPA, the search tool makes it easier to view and sort standards and ecolabels that EPA recommends U.S. federal government purchasers use to meet sustainable acquisition goals and mandates. The search tool allows users to identify the types of products or services covered by an...