Blogs

While Election Day was November 5, 2024, the final results of the races for Congress were announced on Tuesday, December 3, 2024. Representative-elect Adam Gray (D-CA) narrowly defeated Representative John Duarte (R-CA), resulting in one of the smallest margins in history (220-215) to begin the 119th Congress on January 3, 2025. That narrow margin will shrink by three seats in several steps beginning January 3, 2025. Former-Representative Matt Gaetz (R-FL) resigned from the 118th Congress...

On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...

On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need to Know to Comply,” and our May 19, 2022, memorandum, “Reinstated Superfund...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2025. The deadline for payment of EPA’s annual maintenance fee for pesticide registration is January 15, 2025. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance...

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its draft guidance for public comment to support registration and evaluation of efficacy claims for pre-saturated antimicrobial towelettes on hard non-porous surfaces such as stainless steel, metal, glass, hard plastic, or sealed wood, commonly seen in the market as “disinfecting wipes,” using a recently approved standard test method. The draft guidance is available at EPA-HQ-OPP-2024-0414-0004....

On December 11, 2024, the U.S. Department of Energy’s (DOE) Idaho National Laboratory (INL) will hold a webinar on its Bioenergy Feedstock Library, “a cornerstone database resource funded by DOE’s Bioenergy Technologies Office (BETO), and how it supports bioenergy research.” According to DOE, the Bioenergy Feedstock Library provides information and knowledge on over 100,000 bioenergy feedstock samples, supporting U.S. bioeconomy development by providing standardized data on biomass...

The Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight of the U.S. Senate Committee on Environment and Public Works will hold a hearing on December 5, 2024, titled “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee will hear from the following witnesses: As reported in our October 9, 2024, blog item, this hearing, which was originally scheduled for September 26, 2024, was postponed September 25, 2024, when Congress...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on November 13, 2024, that it added modifications a plant may contain and qualify for exemption from regulations governing movement of organisms modified or produced using genetic engineering because the modifications are achievable through conventional breeding. 89 Fed. Reg. 89569. As reported in our November 16, 2023, blog item, APHIS had proposed five types of modifications: According to...

The U.S. Department of Energy (DOE) announced on November 13, 2024, the release of its latest Pathways to Commercial Liftoff report, “Pathways to Commercial Liftoff: Sustainable Aviation Fuel,” which analyzes the technical and commercial readiness of several sustainable aviation fuel (SAF) production pathways and highlights steps that both the public and private sector can take to make the United States a global leader in SAF production as soon as 2030. According to DOE, key findings...

On November 22, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of more than 4,500 Data Evaluation Records (DER) in ChemView, a public portal that houses data and review of toxic chemicals. EPA defines a DER as the documented EPA review of studies submitted during the request to register a pesticide or during the registration review process. The studies for which EPA may prepare a DER include product chemistry, toxicology, ecological effects, human...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host the next Project Peer Review from April 22-25, 2025, in Arlington, Virginia.  During the 2025 Project Peer Review, around 200 projects in BETO’s research, development, and demonstration portfolio will be presented to the public and systematically reviewed by external subject-matter experts from academia, industry, and federal agencies. BETO notes that the Project Peer Review will have several simultaneous...

On November 20, 2024, Senator Ed Markey (D-MA) and Representative Jennifer McClellan (D-VA) introduced the Get Toxic Substances Out of Schools Act of 2024. This is the third consecutive Congress in which Senator Markey has introduced similar legislation. The 118th Congress version, S. 5363 and H.R. 10173, builds on earlier versions by authorizing new grants to address indoor air quality in schools and childcare centers. Congress is unlikely to act on this legislation in the...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on November 20, 2024, the release of the Sustainable Aviation Fuel (SAF) Grand Challenge Roadmap Implementation Framework. Developed by an interagency team led by DOE, the U.S. Department of Agriculture (USDA), and U.S. Department of Transportation’s (DOT) Federal Aviation Administration (FAA), the framework is a supplemental document to the roadmap. Whereas the roadmap identified the actions needed to...

President-elect Trump’s proposed (and aspirational) Department of Government Efficiency (DOGE) is the latest incarnation of a new Administration’s attempt to leave its mark on the federal government. In the November 20, 2024, Wall Street Journal, Elon Musk and Vivek Ramaswamy published an Op-ed about the DOGE effort they will lead and the three kinds of reform DOGE will pursue: regulatory recissions, administrative reductions, and cost savings. We propose that DOGE add a fourth, equally...

On November 13, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its interim guidance and additional materials to support the regulatory community in implementing the requirements of the October 4, 2024, final rule for the Agricultural Worker Protection Standard (WPS) Application Exclusion Zone (AEZ) (2024 AEZ Rule). EPA also has created a Frequently Asked Questions (FAQ) document regarding the rulemaking, as well as a chart comparing the differences between the 2015...

On November 6, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of updates to suggestions it provides to registrants when they develop benefits information for new conventional pesticide registrations and new outdoor uses of conventional pesticides. EPA states the updated document may assist registrants to ensure they submit useful and complete benefits-related information and thus save EPA’s review time for new pesticide registrations and outdoor uses. As background,...

The U.S. Environmental Protection Agency (EPA) announced on November 20, 2024, the launch of the Tackling Emerging Contaminants (TEC) initiative, a new, no-cost technical assistance effort focused on reducing exposure to perfluoroalkyl and polyfluoroalkyl substances (PFAS) and other emerging contaminants in small or disadvantaged communities. According to EPA, the objective of the TEC Water Technical Assistance (WaterTA) is to support small or disadvantaged communities assess and address...

On November 15, 2024, the White House Office of Science and Technology Policy (OSTP) released a report by the Biomanufacturing Interagency Working Group entitled “Building a Vibrant Domestic Biomanufacturing Ecosystem.” The Working Group includes representatives from the U.S. Department of Defense, U.S. Department of Energy, U.S. Department of Commerce, U.S. Department of Agriculture, U.S. Department of Health and Human Services, National Science Foundation, U.S. Department of State, the...

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced an extension to the comment period for the notice published September 30, 2024, seeking public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the...

On November 14, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its third annual progress report, “highlighting the significant achievements the agency has made under its PFAS Strategic Roadmap and the Biden-Harris Administration’s whole-of-government strategy to protect communities from the impacts of forever chemicals.” According to EPA’s press release, progress on per- and polyfluoroalkyl substances (PFAS) during the Biden-Harris Administration includes:...

Elections bring significant change, especially in Presidential election years. During the 76-day period between Election Day and Inauguration Day, President-elect Trump and his transition team are busy selecting people to serve in his Administration. Congress has even less time, only 59 days from the election until the 119th Congress convenes January 3, 2025, at noon. A previous post looks at what Congress may do during the lame duck period. This post looks at who will...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on November 12, 2024, that it published a new study evaluating nanomaterials applications in biocidal, plant protection, and fertilizing products used in agriculture. The study, “Collection and review of information on nanomaterial-based and nano-enabled plant protection products, biocidal products and fertilising products,” addresses knowledge gaps on applications, exposure, and hazards of nanomaterials and...

On October 28, 2024, the National Academies of Sciences, Engineering, and Medicine (NASEM) announced that a new NASEM initiative, the International Bioeconomy Forum, will launch in early 2025. According to NASEM, its International Bioeconomy Roundtable and the Association of Biotechnology Led Enterprises (ABLE) met on September 13, 2024, during the Global Bio-India 2024 conference in New Delhi, India, to discuss the scope of the International Bioeconomy Forum. NASEM states that the forum will...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on October 7, 2024, that researchers at its Agile BioFoundry (ABF) and Advanced Biofuels and Bioproducts Process Development Unit (ABPDU) successfully scaled up a biobased process that converts ethanol into “a valuable precursor for consumer products, such as paints, coatings, and diapers.” The researchers worked with industry partner Industrial Microbes to develop the process. Although acrylic acid is...

On November 6, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced the completion of the final version of the Guide to Submitting Data for Reports and Notices in APHIS eFile and the Response to Comments: Guide to Submitting Data for Reports and Notices in APHIS eFile. In October 2023, to clarify and streamline its biotechnology regulations further, BRS published for comment a draft guide...

The International Bar Association (IBA) Agriculture and Food Section (AFS) is pleased to present a webinar, “Cultivated meat: opportunities and challenges,” on November 14, 2024, spotlighting the considerable opportunities cultivated meat offers. Cultivated meat, also known as lab-grown or cell-based meat, introduces a groundbreaking approach to meat production, poised to tackle the challenges of traditional animal agriculture. During this event, presenters Maarten Van der Heijden, Food and...

The U.S. Department of Agriculture (USDA) has opened registration for the 101st Agricultural Outlook Forum. The event, entitled “Meeting Tomorrow’s Challenges, Today,” will be held at the Crystal City Gateway Marriott in Arlington, Virginia, on February 27-28, 2025. Additionally, USDA will livestream all Forum sessions on a virtual platform. According to USDA, the program will feature a presentation on the 2025 outlook for the U.S. agricultural economy and trade by USDA Chief Economist...

The U.S. Department of Agriculture (USDA) announced on October 29, 2024, that it is awarding $39 million in grants to U.S. business owners to increase the availability of domestic biofuels in 18 states and provide cleaner, more affordable fuel options. USDA will also make $200 million available through the new Biobased Market Access and Development Grants made possible by Commodity Credit Corporation (CCC) funds. According to USDA, the awards and funding are made possible through...

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on a new coating for titanium dioxide on October 25, 2024. According to the abstract, SCCS concluded that “there are a number of uncertainties and data gaps that do not allow a conclusion on the safety of titanium dioxide (nano) coated with a combination of w/w 6% Aluminium Hydroxide, 14% Sodium Myristoyl Sarcosinate and 10% Dimethicone (Eclipse 70) — either on...

In October 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) reviewed the following plants modified using genetic engineering to determine whether they posed an increased plant pest risk relative to non-modified comparators: APHIS states that it found these modified plants were unlikely to pose an increased plant pest risk compared to other cultivated plants. As a result, they are not subject to regulation under 7 C.F.R. Part 340. APHIS...

On October 18, 2024, the U.S. Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued Notice 2024-74 for the Sustainable Aviation Fuel (SAF) credit created by the Inflation Reduction Act (IRA). According to the IRS’ October 18, 2024, press release, the SAF credit ranges from $1.25 to $1.75 for each gallon of SAF in a qualified mixture. To qualify for the credit, the SAF must have a minimum reduction of 50...

There is much that happens in Washington, D.C., and in the states in the 76 days between Election Day (November 5, 2024) and Inauguration Day (January 20, 2025). My last post identified some of the unfinished business the 118th Congress needs to address (e.g., funding the government beyond December 20, 2024, passing the National Defense Authorization Act (NDAA), and providing funding for disaster relief) before it adjourns sine die. The exact date and time of...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) will hold its annual stakeholder meeting on November 14, 2024. The meeting will take place in person at the USDA Center at Riverside, 4700 River Road, Riverdale, Maryland, with an option for virtual attendance. The meeting agenda includes the following items: Registration is open....

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Application (NURA) program has announced two upcoming webinars in the DyNAMic Discussions series. This webinar series invites speakers to share candid perspectives on how they have overcome barriers to apply NAMs in their fields and discuss how these examples can be used to promote the use of NAMs in other situations. All DyNAMic Discussion webinars have been recorded. Materials,...

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 the environment; nanoscale medical and pharmaceutical products; and nanoparticles in electronics. Registration is open for the sixth webinar in the series, “Nanometrology for Continuous and Automated Manufacturing.” The November 1, 2024, webinar will...

The U.S. Department of Agriculture’s Agricultural Research Service (ARS) announced on October 16, 2024, several key outcomes from a workshop held to develop a research roadmap leading to short- and long-term science-based solutions to meet the challenges posed by the discovery of per-and polyfluoroalkyl substances (PFAS) in agricultural soils and waters. ARS, its Center of Excellence for Environmental Monitoring and Mitigation, and the University of Maine collaborated during the workshop to...

On October 10, 2024, the European Union (EU) Observatory for Nanomaterials (EUON) announced that, in collaboration with NovaMechanics, it is conducting a survey to gather insights on analytical methods for identifying, characterizing, and quantifying carbon-based nanomaterials in various matrices. According to EUON, the initiative “aims to assess the current situation about analytical methods for these types of nanomaterials, whether advanced or more classical nanomaterials.” Responses will...

On October 3, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for pesticide reregistration during fiscal years (FY) 2020, 2021, and 2022. 89 Fed. Reg. 80558. Section 4(l) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. The Report discusses the...

On October 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of interim guidance to expand the availability of virucidal claims for antimicrobial pesticides. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products that meet the criteria for a bacterial disinfectant and/or sanitizer (e.g., household antimicrobial wipes and sprays) consistent with current test guidelines. EPA states that it intends to grant...

On September 27, 2024,  the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the Toxic Substances Control Act (TSCA) Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on September 26, 2024, that the European Food Safety Authority (EFSA) has published the following reports under its NAMs4NANO Project:...

The list of pending issues that Congress could consider during the lame duck session in 2024 continues to grow. The list includes “must pass” items, including appropriations to fund the government through the remainder of Fiscal Year (FY) 2025 and the National Defense Authorization Act (NDAA). This blog focuses on issues not getting the congressional attention they deserve. Members of Congress returned to Washington, D.C., from summer recess for a three-week work period in September....

As reported in our September 24, 2024, blog item, the Senate Committee on Environment and Public Works (EPW) was scheduled to hold a hearing on September 26 titled “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The hearing was postponed on September 25, 2024, when the Senate adjourned until November after enactment of H.R. 9747, the Continuing Appropriations and Extensions Act, 2025, also known as the Continuing Resolution (CR) to fund...

The U.S. Environmental Protection Agency (EPA) is accepting comment on the next round of chemicals that it may prioritize for risk evaluation under the Toxic Substances Control Act (TSCA). EPA announced the list of 27 chemicals during webinars on September 30 and October 1, 2024. According to the slides from the webinar, the candidate chemicals are: 1-Hexadecanol 2-Ethylhexyl 2,3,4,5-tetrabromobenzoate (TBB) 4-tert-Octylphenol (4-(1,1,3,3-Tetramethylbutyl)-phenol) Benzene bis(2-Ethylhexyl)...

On October 5, 2024, the Minister of the Environment announced in the Canada Gazette publication of a proposed plan of priorities for the assessment of chemical substances. Under the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health are required to “develop, consult on and publish a plan with timelines” by June 2025. The proposed list of prioritized substances for assessment and the rationales...

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S. Department of Interior’s (DOI) Fish and Wildlife Service (FWS) as the Assistant Director for Ecological Services. This program is responsible for how the agency conserves endangered species and many other wildlife. Li was Deputy Assistant Administrator for Pesticide Programs for...