Blogs

On March 13, 2023, the U.S. Environmental Protection Agency (EPA) issued a proposed rule that would update the pesticide Application Exclusion Zone (AEZ) requirements under the 2015 Agricultural Worker Protection Standard (WPS). 88 Fed. Reg. 15346. The proposed rule is available at EPA-HQ-OPP-2022-0133, and comments on the proposed rule are due on or before May 12, 2023. Application Exclusion Zone According to EPA’s press release, the WPS regulations offer protections to...

The European Union (EU) Observatory for Nanomaterials (EUON) has issued a call for study proposals. EUON is looking for studies on: According to EUON, the scope of the study can be on nanomaterials in general, a specific nanomaterial, or a defined group of nanomaterials. EUON will assess all proposals, and if selected, they will be carried out through EUON’s existing procurement channels. EUON will post the outcome and study reports on its website. EUON states that...

The National Science and Technology Council announced on March 14, 2023, that the White House Office of Science and Technology Policy (OSTP) released a state of science report on per- and polyfluoroalkyl substances (PFAS). The report was prepared by the interagency PFAS Strategy Team created by OSTP at the direction of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021. It provides an analysis of the state of the science of PFAS and information that will...

On March 8, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of $16 million for two new grant opportunities to support states and Tribes in providing technical assistance to businesses seeking to develop and adopt pollution prevention (P2) practices that advance environmental justice in underserved communities. The Request for Applications for P2 investments include the Pollution Prevention Grant: Environmental Justice Through Safer and More Sustainable...

On March 9, 2023, President Biden released his fiscal year (FY) 2024 budget. According to the U.S. Environmental Protection Agency’s (EPA) March 9, 2023, press release, the budget requests over $12 billion in discretionary budget authority for EPA in FY 2024, a $1.9 billion or 19 percent increase from the FY 2023 enacted level. Highlights of the FY 2024 budget include: EPA states that it will release the full Congressional Justification and Budget in Brief materials...

 By Lynn L. Bergeson and Carla N. Hutton   On March 8, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of $16 million for two new grant opportunities to support states and Tribes in providing technical assistance to businesses seeking to develop and adopt pollution prevention (P2) practices that advance environmental justice in underserved communities. The Request for Applications for P2 investments include the Pollution Prevention Grant: Environmental...

The U.S. Environmental Protection Agency (EPA) has opened registration for the second of its two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal oxides (MMO), including new and modified cathode active materials (CAM). The webinar, which will be held March 30, 2023, will give an in-depth look into the standardized risk assessment approach and present various case scenarios and a decision tree for identifying...

The Organization for Economic Cooperation and Development (OECD) held a webinar on February 7, 2023, to present the methods described in Test Guideline (TG) No. 125 to determine the size and size distributions of nanomaterial particles and fibers spanning from one nanometer (nm) to 1,000 nm. It also presented the use and limitations of this TG, as well as of the validation exercise that was done to support its development. OECD organized the webinar to increase awareness of the...

The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) announced on March 7, 2023, that EPA did not follow the typical intra-agency review and clearance process during the development and publication of the January 2021 perfluorobutane sulfonic acid (PFBS) toxicity assessment. OIG conducted its evaluation to determine whether EPA followed applicable policies and procedures to develop and publish the PFBS toxicity assessment. OIG notes that two weeks after...

The Nanotechnology Industries Association (NIA) has posted a recording of its March 6, 2023, webinar on “Nano in Action: Antimicrobial Treatment.” The webinar explored a topic where relevance has been amplified by the COVID-19 pandemic, but that has long been on the to-do list of the public building and transport sectors. Subjects covered included the current cleaning and sanitation protocols of public spaces; the kind of nano-based solutions available to meet this need; and how...

By Lynn L. Bergeson and Carla N. Hutton   On March 8, 2023, the U.S. Department of Agriculture (USDA) announced the kickoff of the inaugural National Biobased Products Day and highlighted the accomplishments of people and organizations working to improve sustainability within the federal government. USDA notes that its ongoing work includes the National Institute of Food and Agriculture’s (NIFA) Agriculture and Food Research Initiative programs, which fund research that advances...

On March 8, 2023, the U.S. Environmental Protection Agency opened a 30-day comment period on nominations for candidates to serve on the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC). According to EPA, there are currently 17 SACC members, with eight membership terms that will soon expire. Biographies for all candidates under consideration are available online. In addition, biographies for current SACC members are available on the SACC website. Comments on...

The National Nanotechnology Initiative (NNI) will hold a webinar on “What’s Next in NanoEHS: The Young Professional’s Perspective” on March 28, 2023. NNI’s 2023 nano environmental, health, and safety (nanoEHS) webinar series will focus on the questions, challenges, and breakthroughs needed to continue advancing the responsible development of nanotechnology. According to the National Nanotechnology Coordination Office’s (NNCO) announcement, the 2023 theme complements the NNI’s...

The U.S. Environmental Protection Agency (EPA) announced on March 2, 2023, that the Office of Enforcement and Compliance Assurance (OECA) will hold two public listening sessions to receive individual input related to concerns about potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). According to EPA, it will review and consider the input received in drafting a “CERCLA per- and polyfluoroalkyl substances (PFAS)...

On February 22, 2023, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced that it will co-host a virtual public meeting with the U.S. Food and Drug Administration’s (FDA) Center of Veterinary Medicine (CVM) on March 22, 2023. As stated in our February 17, 2023, blog, EPA and FDA are considering how best to update their respective oversight responsibilities for specific products in an efficient and...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host its 2023 Project Peer Review April 3-7, 2023. Projects in BETO’s research and development (R&D) portfolio will be presented to the public and systematically reviewed by external subject-matter experts from industry, academia, and federal agencies. Simultaneous review sessions of projects across the BETO technology areas will occur. The event will...

The March 2023 issue of the National Institute for Occupational Safety and Health’s (NIOSH) eNews includes an item announcing publication of an article entitled “Results of the 2019 Survey of Engineered Nanomaterial Occupational Health and Safety Practices” in the International Journal of Environmental Research and Public Health. According to the abstract, the survey aimed to understand whether workers follow the recommendations of NIOSH’s Nanotechnology Research...

In February 2023, the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), published a summary of learnings and potential recommendations on broadening public engagement in the federal regulatory process. The learnings and recommendations were developed from written submissions and a public engagement session in November 2022 with hundreds of participants. OIRA invites feedback on the recommendations as it continues to...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) will host a listening session at the 2023 Advanced Bioeconomy Leadership Conference (ABLC) to obtain stakeholder feedback on the next Billion-Ton Report. BETO seeks suggestions for making this product even more useful, as well as feedback on the 2016 Billion-Ton Report and related products. The anticipated 2023 Billion-Ton Report will build on previous national...

By Lynn L. Bergeson and Carla N. Hutton   In February 2023, the Office of Information and Regulatory Affairs (OIRA), within the Office of Management and Budget (OMB), published a summary of learnings and potential recommendations on broadening public engagement in the federal regulatory process. The learnings and recommendations were developed from written submissions and a public engagement session in November 2022 with hundreds of participants. OIRA invites feedback on the recommendations...

By Lynn L. Bergeson and Carla N. Hutton   On February 16, 2023, Representative Randy Feenstra (R-IA) introduced a legislative package that includes bills regarding researching the potential of biofuels to power jet engines and developing a commercially viable fuel cell system for cars and trucks powered exclusively by biofuels. The package includes: The Comparison of Sustainable Transportation (COST) Act would direct the Comptroller General of the U.S. Government Accountability Office (GAO)...

The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop, “Talking Trash at the FTC: Recyclable Claims and the Green Guides,” is free and open to the public, and pre-registration is not required. According to the pre-publication version of the Federal Register notice announcing the meeting, the workshop will cover...

By Lynn L. Bergeson and Carla N. Hutton   The Senate Committee on Environment and Public Works held a hearing on February 15, 2023, on “The Future of Low Carbon Transportation Fuels and Considerations for a National Clean Fuels Program.” The Committee heard from the following witnesses: Michael J. Graff, Chair and Chief Executive Officer (CEO), American Air Liquide Holdings Incorporated; Geoff Cooper, President and CEO, Renewable Fuels Association; and Chris Spear, President and...

By Lynn L. Bergeson and Carla N. Hutton The Federal Trade Commission (FTC) will host a workshop on May 23, 2023, to examine “recyclable” adverting claims as part of its review of the Guides for the Use of Environmental Marketing Claims (Green Guides). The workshop, “Talking Trash at the FTC: Recyclable Claims and the Green Guides,” is free and open to the public, and pre-registration is not required.   According to the pre-publication version of the...

By Lynn L. Bergeson and Carla N. Hutton   According to a January 24, 2023, item published by the U.S. International Trade Administration (ITA), the demand for new bioplastic materials and innovative processing technologies is high, contributing to the European and Italian plastics circular economy policy. According to ITA, European demand for bioplastics (compostable, bio-attributed, and bio-based) grew more than 23 percent annually from 2019 to 2021, increasing from 210,000 to 320,000...

On February 14, 2023, the European Commission (EC) appealed the November 23, 2022, decision of the European General Court that annuls the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. As reported in our December 6, 2022, memorandum, the court concluded that the EC “made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and,...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) recently announced the selection of five external collaborations totaling over $3.7 million to conduct research and development (R&D) needed to accelerate the U.S. biomanufacturing sector. Working with scientists at the Agile BioFoundry (ABF) consortium, these industry and academic groups will leverage national laboratory capabilities to address challenges in...

On January 27, 2023, plaintiffs in the Southern District of New York announced their displeasure with the inconvenient fact that Tom’s Wicked Fresh! mouthwash contains measurable concentrations of PFAS. They channeled their displeasure by bringing a class action suit against Colgate-Palmolive Company and Tom’s of Maine, Inc. for fraud and unjust enrichment based on several state consumer protection laws, the federal Magnuson-Moss Warranty Act, and common law tort. Plaintiffs assert...

As reported in our October 19, 2021, memorandum, the U.S. Environmental Protection Agency (EPA) published the PFAS Strategic Roadmap in October 2021, “laying out a whole-of-agency approach” to addressing per- and polyfluoroalkyl substances (PFAS). As part of the Roadmap, EPA committed to engage with communities in each EPA region to understand better their experiences and challenges in addressing PFAS contamination. To help inform EPA’s ongoing work under the Roadmap, EPA...

By Lynn L. Bergeson and Carla N. Hutton   As reported in our January 4, 2023, blog item, on January 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of a draft document entitled “Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft)” for public comment. 88 Fed. Reg. 72. EPA’s Office of Research and Development (ORD) and Office of Air and Radiation (OAR), in consultation with the U.S. Departments...

The kickoff workshop for Nano4EARTH was held January 24-25, 2023. Nano4EARTH will leverage recent investments in understanding and controlling matter at the nanoscale to develop technologies, industries, and training opportunities that address climate change. On January 26, 2023, the White House Office of Science and Technology Policy (OSTP) issued a press release summarizing the workshop. According to OSTP, more than 400 people across sectors, with diverse expertise and...

On February 15, 2023, the U.S. Environmental Protection Agency (EPA) requested nominations for technical experts to serve as Special Government Employees (SGE) on a review panel under the authority of the Board of Scientific Counselors (BOSC), a federal advisory committee to the Office of Research and Development (ORD). 88 Fed. Reg. 9880. EPA states that selected experts will review ORD’s draft documents detailing scientific studies supporting the development of transcriptomic-based...

On February 15, 2023, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) and the U.S. Food and Drug Administration’s (FDA) Center for Veterinary Medicine (CVM) announced plans to seek public input on the best approaches for updating their respective oversight responsibilities for specific products. EPA states the goal is to determine responsibilities in an efficient and transparent manner and in alignment with each agency’s...

The U.S. Environmental Protection Agency (EPA) announced on February 16, 2023, that the latest Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available on its website. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the United States. According to EPA, this update to the public TSCA Inventory is part of its biannual posting of non-confidential Inventory data. EPA plans the next regular update of the TSCA...

On February 15, 2023, the Environmental Coalition on Standards (ECOS) and the Bund für Umwelt und Naturschutz Deutschland (BUND), non-governmental organizations in Europe working on both standardization and nanotechnologies, announced the release of a report entitled “Making nano- and advanced materials safe for all: State of play of discussions at the OECD.” According to the organizations, the use of nanomaterials remains underregulated in the European Union (EU). The press...

According to a February 13, 2023, press release issued by France’s Ministry of Ecological Transition and Territorial Cohesion and Ministry of Energy Transition, France is appealing the November 23, 2022, decision of the European General Court that annuls the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. As reported in our December 6, 2022, memorandum, the court concluded that the European...

The U.S. Environmental Protection Agency (EPA) announced on February 13, 2023, that it will accept public comments on candidates under consideration for selection as ad hoc reviewers to assist the Science Advisory Committee on Chemicals (SACC) with peer review of two draft documents related to cumulative risk assessment under the Toxic Substances Control Act (TSCA). Biographies of these candidates are available on regulations.gov. If selected, candidates will serve as...

The New York State Department of Environmental Conservation (NYS DEC) will hold a virtual public meeting on February 16, 2023, postponed from January 10, 2023, on the chemicals under consideration for listing as Chemicals of Concern (COC) and High-Priority Chemicals (HPC) for the Toxic Chemicals in Children’s Products (TCCP) program. NYS DEC will present an overview of the enacted TCCP law and discuss the chemicals under consideration for listing as COCs and HPCs that manufacturers will be...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) will hold a webinar on February 22, 2023, entitled “DOE’s Progress Toward Meeting the Goals of the Sustainable Aviation Fuel Grand Challenge.” The Sustainable Aviation Fuels (SAF) Grand Challenge is a government-wide commitment to scale up production of SAF to 35 billion gallons per year by 2050 and reduce lifecycle aviation greenhouse gas (GHG) emissions by...

The U.S. Environmental Protection Agency (EPA) announced on February 23, 2023, that the New Chemicals Program will hold a webinar on February 28, 2023, on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. EPA states that specifically, the upcoming webinar will cover commonly missed information in Section 5 submissions and how EPA evaluates environmental...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Environmental Protection Agency (EPA) announced on February 23, 2023, that the New Chemicals Program will hold a webinar on February 28, 2023, on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. EPA states that specifically, the upcoming webinar will cover commonly missed...

By Lynn L. Bergeson and Carla N. Hutton   On February 8, 2023, the U.S. Department of Energy (DOE) announced $25.5 million in funding to enable the sustainable use of domestic biomass and waste resources, such as agricultural residues and algae, to produce low-carbon biofuels and bioproducts. DOE notes that this funding will advance the Biden Administration’s goals of delivering an equitable, clean energy future, and will put the United States on a path to...

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Applications (NURA) program is offering a free three-session training series on replacing the traditional two-year bioassay with a more effective, human-relevant carcinogenicity assessment. In “Tomorrow’s Data Today: Sunsetting the 2-year Carcinogenicity Assay,” toxicologists, risk assessors, and scientists will hear directly from other experts on the current progress among working...

The U.S. Environmental Protection Agency (EPA) announced on February 3, 2023, the release of three improved pollution prevention (P2) calculator tools — the P2 Cost Calculator, the P2 Greenhouse Gas Calculator, and the P2 Calculator for Reductions in Hazardous Substances, Pollutants and Contaminants. According to EPA, these tools convert information on P2 activities at a business, such as reductions in energy use, into information on cost savings and pollution...

On February 3, 2023, the National Nanotechnology Initiative (NNI) announced that it published a supplement to President Biden’s 2023 budget request. NNI notes that the supplement serves as its annual report, called for under the provisions of the 21st Century Nanotechnology Research and Development Act, and also addresses the requirement for Department of Defense (DOD) reporting on its nanotechnology investments. The NNI budget represents the sum of the nanotechnology-related...

On January 31, 2023, the U.S. Environmental Protection Agency (EPA) invited nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the EPA Science Advisory Board (SAB). 88 Fed. Reg. 6255. The SAB is a chartered Federal Advisory Committee (FAC) that provides independent scientific and technical peer review, consultation, advice, and recommendations to the EPA Administrator on the scientific bases for EPA’s actions and programs. The EPA...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy (DOE) announced on January 26, 2023, $118 million in funding for 17 projects to accelerate the production of sustainable biofuels for America’s transportation and manufacturing needs. According to DOE, the selected projects, located at universities and private companies, “will drive the domestic production of biofuels and bioproducts by advancing biorefinery development, from pre-pilot to demonstration, to...

Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed...

Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed...

The European Chemicals Agency (ECHA) announced in its February 1, 2023, ECHA Weekly that it has released an updated appendix for nanomaterials that provides guidance on how to obtain data under the new information requirements for nanoforms. According to ECHA, this includes information on how to perform environmental testing and advice on preparation methods and testing strategies for physico-chemical testing of nanoforms. ECHA notes that the Partner Expert Group (PEG) members...