The Senate Committee on Environment and Public Works will hold a hearing on March 20, 2024, on “Examining PFAS as Hazardous Substances.” The scheduled witnesses include:...
March 13, 2024
White House OSTP Posts Readout of NNI Symposium Celebrating 20th Anniversary of the 21st Century Nanotechnology R&D Act
On March 5, 2024, the National Nanotechnology Initiative (NNI) held a symposium entitled “Enabling the Nanotechnology Revolution: Celebrating the 20th Anniversary of the 21st Century Nanotechnology Research and Development Act.” The White House Office of Science and Technology Policy (OSTP) posted a readout of the symposium on March 6, 2024. According to OSTP, during the symposium, “leaders from academia, government, and industry spoke about U.S. success in nanotechnology and future...
On March 5, 2024, the National Nanotechnology Initiative (NNI) published its supplement to the President’s 2024 budget request. NNI states that the President’s 2024 budget requests an “all-time record” of $2.16 billion for it, with a sustained investment in foundational research that will fuel new discoveries and increase investments in application-driven research and development (R&D) to advance technologies of the future and address national priorities. The President’s 2024...
March 12, 2024
EPA Announces Settlement with Haifa North America to Resolve Alleged TSCA Reporting Violations
The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).” EPA states that it alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. According to EPA, Haifa imports “various chemicals...
In a March 4, 2024, blog item entitled “Sweating the Small Stuff: 20 years of NIOSH Research on Engineering Controls for Nanotechnology,” the National Institute for Occupational Safety and Health (NIOSH) highlighted the control approaches that it has recommended, “based on extensive research on the pharmaceutical, coatings, and cosmetic industries”: NIOSH states that following the publication of Current Strategies for Engineering Controls in Nanomaterial Production and Downstream...
March 11, 2024
EPA Seeks Nominations for Ad Hoc Reviewers to Assist SACC with Peer Reviewing DIDP and DINP
On February 29, 2024, the U.S. Environmental Protection Agency (EPA) requested public nominations of scientific and technical experts for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the Agency’s evaluation of the risks from di-isodecyl phthalate (DIDP) and di-isononyl phthalate (DINP) being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14836. EPA states that it is...
March 11, 2024
USDA Releases Reports on Economic Impact Analysis of the U.S. Biobased Products Industry and on Hemp Research and Innovation
On March 8, 2024, the U.S. Department of Agriculture honored the second annual National Biobased Products Day, “a celebration to raise public awareness of biobased products, their benefits and their contributions to the U.S. economy and rural communities.” USDA states that as part of its activities to honor National Biobased Products Day, it released two reports: Economic Impact Analysis of the U.S. Biobased Products Industry USDA states that its commissioned report “An Economic Impact...
The U.S. Department of Energy (DOE) will host the Clean Fuels & Products Shot™ Summit on April 8, 2024, from 11:00 a.m. – 2:00 p.m. (EDT), and April 9, 2024, from 11:00 a.m. – 4:00 p.m. (EDT). The virtual event will gather stakeholders across government, industry, academia, and non-profit organizations to engage on the objectives, progress, priorities, and future plans for the seventh DOE Energy Earthshot™. According to DOE, the Clean Fuels & Products Shot...
March 5, 2024
DOE Intends to Issue Funding to Support Mixed Algae and Wet Waste Feedstocks R&D for Biofuels and Bioproducts
The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) and Office of Fossil Energy and Carbon Management (FECM) announced on February 13, 2024, their intent to issue funding to support research and development (R&D) projects for converting algae and other wet waste feedstocks to low-carbon fuels, chemicals, and agricultural products. DOE states that the intended Mixed Algae Conversion Research Opportunity (MACRO) funding would address gaps in the use of carbon dioxide...
The U.S. Food and Drug Administration (FDA) issued a Constituent Update on March 4, 2024, that updates its “List of Select Chemicals in the Food Supply Under FDA Review.” FDA states that the intent of this update is “…to provide more insight on the status of the FDA’s post-market assessments of chemicals in the food supply.” The information posted today includes many chemicals that FDA has been actively engaged in reviewing for the past several...
March 4, 2024
USDA Seeks Comments on Petition to Deregulate Corn Developed Using Genetic Engineering
The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on March 4, 2024, that it received a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for maize (corn) event MON 95379 that has been developed using genetic engineering to produce two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. 89 Fed. Reg. 15542. APHIS is making the petition available for review and...
The U.S. Environmental Protection Agency (EPA) announced on February 28, 2024, that it is seeking public comment on the candidates under consideration for selection as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its peer review of the Agency’s evaluation of the risks from formaldehyde being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14648. The SACC peer review will take...
March 1, 2024
European Industries Call for “Bold and Impactful” Biotechnology and Biomanufacturing Initiative
EuropaBio, the European Association for Bioindustries, announced on February 21, 2024, the release of a position paper calling for “bold ambition, and five core principles to ensure impactful industrial growth.” According to the position paper, “EC Initiative on Biotechnology and Biomanufacturing: Principles for an impactful Europe,” the European Commission’s (EC) forthcoming Biotechnology and Biomanufacturing Initiative “is a unique opportunity for the [European Union (EU)] to build...
On March 1, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced a new webinar series, “Pollution Prevention in Action.” On the second Wednesday of the month, Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, will host webinars featuring businesses, Pollution Prevention grantees, and other experts about innovations and successes in implementing source reduction strategies to advance...
February 29, 2024
Petition Filed to Add Iso-butanol to List of Chemical Substances Subject to Superfund Excise Tax
The Internal Revenue Service (IRS) announced on February 27, 2024, that it received a petition requested that iso-butanol (also known as isobutanol, iso butyl alcohol, 2-methyl propan-1-ol, or 2-methyl-1-propanol) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 89 Fed. Reg. 14558. OQ Chemicals Corporation, an exporter of iso-butanol, filed the petition. The notice states: According to the petition, iso-butanol is an isomer of n-butanol. Iso-butanol...
February 29, 2024
FDA Issues Guidance for Industry on Foods Derived from Plants Produced Using Genome Editing
The U.S. Food and Drug Administration (FDA) has posted a February 2024 guidance entitled “Foods Derived from Plants Produced Using Genome Editing: Guidance for Industry.” According to FDA, one purpose of the guidance is to clarify how its 1992 policy statement “Statement of Policy: Foods Derived from New Plant Varieties” (NPV policy) (57 Fed. Reg. 22984) applies to foods derived from NPVs produced using genome editing. The NPV policy provides scientific and regulatory guidance on...
February 28, 2024
Library of Congress Publishes Article on South Korea’s Act on Promoting the Green Bio Industry
On February 7, 2024, the Library of Congress posted an article entitled “South Korea: Act to Promote Green Bio Industry Published.” According to the article, South Korea published the Act on Promoting the Green Bio Industry (Green Bio Act) on January 2, 2024. The Green Bio Act, which will enter into force on January 3, 2025, “aims to promote the application of biotechnology to agricultural bioresources and increase the added value of agriculture, develop the...
February 28, 2024
EC JRC Researchers Author Article on How Nanoparticles Are Counted in Global Regulatory Nanomaterial Definitions
The February 2024 issue of Nature Nanotechnology includes an article entitled “How nanoparticles are counted in global regulatory nanomaterial definitions.” Authored by Kirsten Rasmussen, Juan Riego Sintes, and Hubert Rauscher, European Commission (EC) Joint Research Center (JRC), the article examines differences between the definitions in various jurisdictions and how to achieve a global definition. The jurisdictions reviewed include Organization for Economic Cooperation and Development...
The Environmental Defense Fund (EDF) published a blog item on February 22, 2024, announcing its Chemical Exposure Action Map, a tool “designed to spur the Environmental Protection Agency (EPA) to transform the assessment of risks posed by toxic chemicals in our communities.” EDF states that the map focuses on multiple high-priority chemicals, highlighting the potential for cumulative risks. EDF notes that when conducting risk assessments under the Toxic Substances Control Act (TSCA), EPA...
February 26, 2024
Comments Regarding the Intentional Use of PFAS in Products and CUUs Due March 1, 2024, in Maine and Minnesota
Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (PFAS) may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be...
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...
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,...
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...
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...
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
EUON Announces New Tender Notices Published by ECHA
The European Union (EU) Observatory for Nanomaterials (EUON) announced on February 5, 2024, that the European Chemicals Agency (ECHA) has published two new ex-ante publicity notices for two service contracts:...
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)...
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...
February 1, 2024
EuropaBio Publishes Biomanufacturing Global Series Reports on the United States, India, and Japan
EuropaBio, the European Association for Bioindustries, has begun publishing a Biomanufacturing Global Series. To date, EuropaBio has published the following one-page summaries, providing information on a country’s policies, targets, and investments:...
January 31, 2024
USDA Awarding $19 Million in Grants to U.S. Business Owners to Increase Access to Clean, Affordable Domestic Biofuels
The U.S. Department of Agriculture (USDA) announced on January 11, 2024, that it is awarding $19 million in grants to U.S. business owners to increase the availability of domestic biofuels in 22 states and provide “cleaner, more affordable fuel options at gas station pumps as part of President Biden’s Bidenomics agenda to lower costs and invest in America.” USDA is making the awards through the Higher Blends Infrastructure Incentive Program (HBIIP), made possible with funding...
The March 1, 2024, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2023 reporting year is fast approaching. Pursuant to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 7(c)(1) (7 U.S.C. § 136e(c)(1)), “Any producer operating an establishment registered under [Section 7] shall inform the Administrator within 30 days after it is registered of the types and amounts of...
The U.S. Environmental Protection Agency (EPA) announced on January 31, 2024, that it has begun accepting applications for the 2024 Safer Choice Partner of the Year Awards. EPA states that the awards will recognize the leadership contributions of Safer Choice partners and stakeholders showing achievement in the design, manufacture, selection, promotion, sale, and use of Safer Choice- or Design for the Environment (DfE)-certified products that further outstanding or innovative source reduction....
January 25, 2024
Recording Available for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024” Webinar
Bergeson & Campbell, P.C.’s (B&C®) January 23, 2024, webinar, “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024,” 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; and Richard E. Engler, Ph.D., Director of Chemistry, B&C participated in a lively, timely, and focused discussion on the state of play and how they...
January 22, 2024
Senate Committee Will Hold Hearing on January 24, 2024, on Oversight of Implementation of the TSCA Amendments
The Senate Committee on Environment and Public Works is scheduled to hold a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act Amendments Implementation.” The only scheduled witness is Michal Freedhoff, Ph.D., Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). The Committee held a similar hearing on June 22, 2022, the sixth anniversary of the enactment of the Frank R. Lautenberg...
January 19, 2024
NNI Webinar on Nanometrology for Food, Agriculture, and Environment Will Be Held February 2, 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 second webinar in the series, Nanometrology for Food, Agriculture, and Environment, which will be held February 2, 2024, at 12:00 p.m. (EST). The...
January 19, 2024
Multistate Coalition Supports EPA’s Proposed Revisions to the Safer Choice Standard
As reported in our December 5, 2023, memorandum, the U.S. Environmental Protection Agency (EPA) proposed updates to the Safer Choice Standard on November 14, 2023, that include a name change to the Safer Choice and Design for the Environment (DfE) Standard (Standard), an update to the packaging criteria, the addition of a Safer Choice certification for cleaning service providers, a provision allowing for preterm partnership termination under exceptional circumstances, and the addition of several...
January 18, 2024
ECHA Survey on Nano-Agrochemicals Will Close February 29, 2024
The European Chemicals Agency (ECHA) has commissioned, as part of the activities of the European Union (EU) Observatory for Nanomaterials (EUON), a study on the collection and review of information on nanomaterial-based and nano-enabled plant protection products, biocidal products, and fertilizing products. The study includes a systematic literature and documentary review on nanoforms of (active) substances and delivery systems of the corresponding formulations used in biocidal products, plant...
The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). For TRI Reporting Year 2024 (reporting forms due by July 1, 2025), reporting is required for these seven additional PFAS, bringing the total PFAS subject to TRI reporting to 196. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a...
January 16, 2024
Law Library of Congress Publishes Report on Selected Issues in Biotechnology Regulation
The Law Library of Congress published a November 2023 report entitled Selected Issues in Biotechnology Regulation: Australia, Belgium, Brazil, Canada, China, England, European Union, Germany, India, Japan, Mexico, New Zealand, Singapore, South Africa, South Korea, Taiwan that provides an overview of the main statutes and policies governing selected issues on the development of biotechnology products, particularly those derived from genetically modified organisms (GMO) and genetic engineering....