Blogs

The U.S. Environmental Protection Agency (EPA) published a final rule on June 29, 2021, that requires manufacturers (including importers) of 50 specified chemical substances to report certain lists and copies of unpublished health and safety studies to EPA. 86 Fed. Reg. 34147. EPA is issuing the final rule pursuant to Section 8(d) of the Toxic Substances Control Act (TSCA) and the TSCA Health and Safety Data Reporting rule codified at 40 C.F.R. Part 716. The chemical...

By Lynn L. Bergeson On June 28, 2021, DOE announced the dates of the 2021 SBIR Week. The virtual event is scheduled for July 19, 2021, through July 23, 2021, and aims to connect entrepreneurs working on advanced technologies to the United States’ largest source of early-stage funding: DOE’s SBIR and STTR programs. The SBIR and STTR programs, also known as America’s Seed Fund, provide more than $4 billion annually in funding to small businesses...

On June 26, 2019, the Council of the European Union (EU) announced that it adopted conclusions on chemicals intended to “offer political guidance on the development of a sustainable EU chemicals policy strategy.”  The June 26, 2019, press release notes that the conclusions address in particular the topics of Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation, endocrine disruptors, nanomaterials, and pharmaceuticals.  According to the...

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published a final opinion on June 28, 2021, on gold (nano), colloidal gold (nano), gold thioethylamino hyaluronic acid (nano), and acetyl heptapeptide-9 colloidal gold (nano). The EC asked SCCS whether the nanomaterials gold, colloidal gold, gold thioethylamino hyaluronic acid, and acetyl heptapeptide-9 colloidal gold are safe when used in leave-on skin cosmetic products according to the maximum concentrations and...

On June 28, 2021, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on platinum (nano), colloidal platinum (nano), and acetyl tetrapeptide-17 colloidal platinum (nano). The EC asked SCCS whether it considers the nanomaterials A (platinum and colloidal platinum ) and B (acetyl tetrapeptide-17 (and) colloidal platinum) safe when used in leave-on cosmetic products according to the maximum concentrations and specifications reported,...

On June 28, 2021, the U.S. Environmental Protection Agency (EPA) proposed reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS) under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 33926. EPA proposes to require certain persons that manufacture (including import) or have manufactured PFAS in any year since January 1, 2011, to report information electronically regarding PFAS uses, production volumes, disposal, exposures, and hazards. EPA requests...

On August 1-2, 2019, the National Nanotechnology Initiative (NNI) will hold “The Future of the NNI:  A Stakeholder Workshop.”  The NNI has played a pivotal role in fostering and advancing a dynamic nanotechnology ecosystem in support of the initiative’s four goals:  advance world-class research; foster commercialization; develop and sustain research infrastructure; and support the responsible development of nanotechnology.  Building on this foundation, experts from...

Wednesday, June 30, 20219:00 a.m. – 4:30 p.m. (EDT)Register Now Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform – Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the...

The European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA) have received a draft assessment of glyphosate carried out by four European Union (EU) member states and have begun to consider the findings. According to ECHA’s June 15, 2021, press release, the national authorities of France, Hungary, the Netherlands, and Sweden — known as the Assessment Group of Glyphosate (AGG) — examined all the evidence submitted by the companies that are seeking renewed...

The U.S. Environmental Protection Agency (EPA) has asked users of the Toxics Release Inventory (TRI) Program’s website to complete a website satisfaction survey. EPA states that it wants users to find information easily on the TRI website and ensure that the information is complete and understandable. EPA asks users to “take 5 minutes and tell us what you like about the website and data access tools and how we can improve them.” EPA asks for responses...

The International Organization for Standardization (ISO) has published standard ISO/TS 22292:2021, “Nanotechnologies — 3D image reconstruction of rod-supported nano-objects using transmission electron microscopy.” ISO states that the standard provides guidance for sample preparation, data acquisition by transmission electron microscopy (TEM), data processing, and three-dimensional (3D) image reconstruction to measure size and shape parameters of nano-objects on rod-shaped supports....

On June 10, 2021, the Retail Industry Leaders Association’s (RILA) Retail Compliance Center (RCC) and Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), presented “TSCA – It Is Not What You May Think.” While the Toxic Substances Control Act (TSCA) has long been regarded as a law applying to chemical producers, reforms made in 2016 have drawn many retailers, product manufacturers, and other “article” manufacturers into TSCA’s reach. Nothing...

The SUSNANOFAB project, funded by the European Union’s (EU) Horizon 2020 Research and Innovation Program, is conducting a survey on industrial needs. The SUSNANOFAB project intends to create a nanofabrication ecosystem that will include an integrated roadmap of the relevant public and private initiatives at the EU level and with international cooperation. According to SUSNANOFAB, this roadmap will define a common strategy intended to enable “all pre-competitive conditions for the...

The U.S. Environmental Protection Agency (EPA) announced on June 15, 2021, the winners of the 2021 Green Chemistry Challenge Awards. EPA states that “[g]reen chemistry is the design of chemical products and processes that reduce or eliminate the generation and use of hazardous substances.” According to EPA, the 2021 winners “developed new and innovative green chemistry technologies that provide solutions to significant environmental challenges, and spur innovation and economic...

The American Chemical Society (ACS) presents the 25th Annual Green Chemistry & Engineering Conference, with sessions spanning the breadth and depth of green and sustainable chemistry and engineering. This year's conference theme is Sustainable Production to Advance the Circular Economy and Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) will present “Getting to market: Planning for regulatory approval” during...

By Lynn L. Bergeson and Carla N. Hutton   On June 14, 2021, the Senate confirmed by voice vote Michal Freedhoff to be the Assistant Administrator for Chemical Safety and Pollution Prevention of the U.S. Environmental Protection Agency (EPA). As reported in our January 22, 2021, blog item, Freedhoff was onboarded in January 2021 as Principal Deputy Assistant Administrator for Chemical Safety and Pollution Prevention. On April 14, 2021, President Joseph Biden nominated Freedhoff for...

By Lynn L. Bergeson   On June 15, 2021, the U.S. Environmental Protection Agency (EPA) announced and recognized the winners of the 2021 Green Chemistry Challenge Awards. According to EPA’s announcement, this year’s winners have developed new and innovative green chemistry technologies that provide solutions to significant environmental challenges and spur innovation. The announcement was made during the American Chemical Society (ACS) Green Chemistry & Engineering...

As reported in our January 6, 2021, blog item, the U.S. Environmental Protection Agency (EPA) issued final rules under Section 6(h) of the Toxic Substances Control Act (TSCA) for five persistent, bioaccumulative, and toxic (PBT) chemicals, including phenol, isopropylated phosphate (3:1) (PIP (3:1)) (86 Fed. Reg. 894). The final rules limit or prohibit the manufacture (including import), processing, and/or distribution in commerce of the five PBTs, with certain exceptions. In accordance with...

By Lynn L. Bergeson   On June 15, 2021, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that it will host a webinar with EERE’s Deputy Assistant Secretary (DAS) for Renewable Power, Alejandro Moreno, on June 17, 2021, at 4:00 p.m. (EDT). The one-hour webinar will cover activities, programs, and initiatives proposed in EERE’s budget request. EERE requested $4.7 billion in an effort to lead the transition of the...

On June 11, 2021, the Office and Management and Budget released its “Spring 2021 Unified Agenda of Regulatory and Deregulatory Actions” (Regulatory Agenda). It includes an entry for an interim final rule planned by the U.S. Environmental Protection Agency (EPA) entitled “Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Reconsideration and Extension of Certain Compliance Dates.” This action, planned for publication in September 2021, would...

On June 7, 2021, Health Canada’s Pest Management Regulatory Agency (PMRA) announced the issuance of its Interim Order Respecting Ultraviolet Radiation-emitting Devices and Ozone-generating Devices under the Pest Control Products Act (Interim Order), setting forth new requirements for certain devices claiming to control, destroy, make inactive, or reduce the level of bacteria, viruses, and other micro-organisms that are human pathogens. PMRA also issued an “Explanatory...

By Lynn L. Bergeson On June 9, 2021, the U.S. Department of Energy (DOE) announced that 235 U.S. small businesses will receive $54 million in critical seed funding for 266 projects focused on developing and deploying novel technology solutions that contribute to the goal of achieving net-zero emissions by 2050. Administered by DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, selected projects include: Grid-smart building controls;...

The U.S. Environmental Protection Agency (EPA) announced on June 10, 2021, three actions intended to protect communities from per- and polyfluoroalkyl substances (PFAS). The actions include proposing a rule designed to obtain comprehensive data on more than 1,000 PFAS manufactured in the United States, withdrawing guidance that EPA believes weakened its July 2020 significant new use rule (SNUR) restricting certain long-chain PFAS, and publishing a final rule that incorporates three...

On June 28, 2021, Gov4Nano will hold a workshop on the GRACIOUS approach to the quality assessment of nanosafety data. GRACIOUS, a European Union (EU) H2020 project, has proposed a methodology to facilitate the evaluation of quality and completeness for sets of nanomaterial physicochemical and (eco)toxicological data based on established criteria, i.e., completeness, reliability, relevance, and adequacy. Gov4Nano states that this approach “is unique in the sense that it can...

By Lynn L. Bergeson   On June 1, 2021, the Oak Ridge National Laboratory (ORNL) announced that its scientists have developed a novel solvent that results in a more efficient process to recover valuable materials from used lithium-ion batteries. According to ORNL’s press release, this new method supports a stable domestic supply chain for new batteries and keeps old ones out of landfills.   Currently, the recycling process of batteries involves smelting, which is an...

By Lynn L. Bergeson   On June 2, 2021, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced that the United States, Denmark, and Norway joined forces with the Global Maritime Forum and the Mærsk Mc-Kinney Møller Center for Zero Carbon Shipping to lead a new Zero-Emission Shipping Mission. This effort is part of Mission Innovation, “a global initiative to catalyze action and investment in research, development...

 By  Lynn L. Bergeson   On June 7, 2021, Secretary of Energy Jennifer M. Granholm launched the U.S. Department of Energy’s (DOE) Energy Earthshots Initiative. Designed to accelerate innovation of abundant, affordable, and reliable clean energy solutions within the next ten years. Secretary Granholm stated that the first Energy Earthshot will be the Hydrogen Shot, which sets an ambitious yet achievable cost target to accelerate innovations and spur demand of clean...

On June 3, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published an interview with Aurélie Niaudet, who is in charge of assessing the risks associated with physical agents. Niaudet states that nanomaterials have novel properties that “are highly sought after and increasingly exploited, but can also induce specific types of behaviour when interacting with humans or the environment.” After the human body is exposed, “there is then the question...

The International Organization for Standardization (ISO) has published standard ISO/TS 20660:2019, “Nanotechnologies — Antibacterial silver nanoparticles — Specification of characteristics and measurement methods.”  The standard provides guidance for the specification of characteristics and relevant measurement methods for silver nanoparticles in powder or colloidal forms that are intended for antibacterial applications in nanotechnology.  ISO states that the standard is...

On June 4, 2021, the U.S. Environmental Protection Agency (EPA) announced that it will host a webinar for pesticide registrants to provide registrants an overview on how to request Certificates of Registration, commonly known as Gold Seal letters, using the Pesticide Submission Portal. Gold Seal letters serve as proof for pesticide exporters that the product is registered with EPA and meets all necessary registration requirements. According to EPA, since launching the digital...

On May 31, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “Updating our language: why we should not paint all nanoforms with the same brush” by Chiara Venturini, Director General of the Nanotechnology Industries Association (NIA). Venturini reviews how the EU’s language has evolved. In 2011, the European Commission (EC) adopted a definition that describes a nanomaterial as a material at the nanoscale. In 2020, the EC amended Annex II...

By  Lynn L. Bergeson On May 28, 2021, the Biden-Harris Administration submitted President Joseph Biden’s budget for fiscal year 2022 (FY 2022) to Congress. According to EPA’s May 28, 2021, press release, the budget request advances “key EPA priorities, including tackling climate change, advancing environmental justice, protecting public health, improving infrastructure, creating jobs, and supporting and rebuilding the EPA workforce.” The President’s FY 2022...

By  Lynn L. Bergeson On April 13, 2021, Montana State University (MSU) researchers from its Norm Asbjornson College of Engineering published an article entitled “Biomineralization of Plastic Waste to Improve the Strength of Plastic-Reinforced Cement Mortar.” The study evaluates calcium carbonate biomineralization techniques applied to coat plastic waste and improve the compressive strength of plastic-reinforced mortar (PRM), a type of plastic-reinforced cementitious material...

By Lynn L. Bergeson On June 3, 2021, from 2:00 p.m. to 3:00 p.m. (EDT), the U.S. Department of Energy’s (DOE) Office of Energy Efficiency & Renewable Energy (EERE) Acting Assistant Secretary Kelly Speakes-Backman and the Deputy Assistant Secretaries (DAS) for EERE’s three technology pillars and Operations will host a webinar to discuss EERE’s fiscal year 2022 (FY 2022) budget request. DOE EERE’s three technology pillars are: Energy Efficiency, Renewable Power, and...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On May 4, 2021, the U.S. Department of Energy’s (DOE) Argonne National Laboratory published an article titled “Retrospective Analysis of the U.S. Corn Ethanol Industry for 2005-2019: Implications for Greenhouse Gas Emission Reductions.” Using a life-cycle analysis (LCA), researchers at the Argonne National Laboratory quantified the life cycle of greenhouse gas (GHG) emissions of fuels to compare relative...

By  Lynn L. Bergeson    On May 25, 2021, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the bipartisan Renewable Fuel Standard (RFS) Integrity Act of 2021. Aiming to provide more certainty to rural America, this legislation would require that small refineries petition for RFS hardship exemptions by June 1 of each year. According to Senator Fischer, the RFS Integrity Act of 2021 would ensure that the U.S. Environmental Protection Agency (EPA) properly...

The U.S. Environmental Protection Agency (EPA) announced on May 27, 2021, that it has invited environmental justice communities and stakeholders to participate in environmental justice consultations regarding the development of a proposed risk management action under Section 6(a) of the Toxic Substances Control Act (TSCA) to address unreasonable risks presented by N-methylpyrrolidone (NMP). EPA will hold two identical consultation webinars, one on July 7, 2021, and the other on July...

This week’s All Things Chemical™ Podcast will be of interest to readers of the TSCAblog™. A brief description of the episode written by Lynn L. Bergeson is below. This week, I sat down with Heather J. Blankinship, Senior Manager with B&C® Consortia Management (BCCM), a Bergeson & Campbell (B&C®) affiliate, and Richard E. Engler, Ph.D., B&C’s Director of Chemistry, to discuss chemical testing under the Toxic Substances Control Act (TSCA). Since Congress amended...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On May 25, 2021, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) and House Representatives Randy Feenstra (R-IA), Ashley Hinson (R-IA), and Mariannette Miller-Meeks (R-IA) joined forces in a letter to urge President Biden to uphold his promise to support biofuels in the next four years. Criticizing President Biden’s efforts under the American Jobs Plan for failing to include investments in biofuels, the...

A Timely and Essential Complimentary ConferenceWednesday, June 30, 20219:00 a.m. – 4:30 p.m. (EDT)Register Now Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform – Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On May 25, 2021, the U.S. Department of Energy (DOE) announced the availability of up to $14.5 million in investments for research and development (R&D) to reduce waste and energy use related to the recycling of single-use plastics. As the largest subset of plastics found in landfills, single-use plastics, including plastic bags, wraps, and films, are also among the most challenging to recycle. According to DOE,...

A Timely and Essential Complimentary Conference Wednesday, June 30, 2021 9:00 a.m. – 4:30 p.m. (EDT) Register Now Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform – Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments...

The European Chemicals Agency (ECHA), as part of the activities of the European Union (EU) Observatory for Nanomaterials (EUON), is conducting a stakeholder survey on the substances available as nanomaterials in the EU market. The survey includes a market study of the nanomaterials, including substances, uses, volumes, and key operators in the EU. According to EUON’s May 21, 2021, news item, the survey aims to provide an overview of the substances that are available as...

On May 21, 2021, the U.S. Environmental Protection Agency (EPA) published its response to a portion of the petition it received February 8, 2021, from People for Protecting Peace River, Center for Biological Diversity, and 16 other organizations. 86 Fed. Reg. 27546. While the petition requested three actions related to the Toxic Substances Control Act (TSCA), EPA states that it has determined that only one of those actions is an appropriate request: a request to issue...

Registration has opened for a June 8, 2021, webinar held by the U.S. National Nanotechnology Initiative on “What We Know about NanoEHS: Human Health.” The webinar will feature experts from diverse disciplines who will share their perspectives on key findings on the effects of engineered nanomaterials on human health. Janet Carter, Senior Scientist, Occupational Safety and Health Administration (OSHA), will moderate. The panel will include: NNI has posted videos with closed...

 Effective May 21, 2021, Yvette T. Collazo has resigned as the Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT). Collazo began as OPPT Director in March 2020. During her tenure, OPPT’s accomplishments include: More information on these developments is available on our website in our TSCA memoranda....

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On May 18, 2021, the European Parliament (EP) issued a press release announcing the Just Transition Fund (JTF) to assist European Union (EU) countries to address climate neutrality goals. The Just Transition Fund is composed of €7.5 billion from the European Commission’s (EC) long-term EU budget under the 2021-2027 Multiannual Financial Framework (MFF) and €10 billion from the EU recovery plan, NextGenerationEU....

The U.S. National Nanotechnology Initiative (NNI) will hold a webinar on June 2, 2021, on nanosensors for food and agriculture. NNI states that nanotechnology-enabled sensors (nanosensors) “are promising tools to advance precision agriculture and support a safe and robust food supply chain, from farm to fork.” Panelists will discuss how the development and deployment of nanosensors could transform agriculture and food safety. They will highlight the state of the science,...

The U.S. Environmental Protection Agency (EPA) has prepared a strategic plan for the Office of Pollution Prevention and Toxics (OPPT) for fiscal years (FY) 2021-2023. The strategic plan outlines how OPPT intends to fulfill its obligations under the Toxic Substances Control Act (TSCA), the Emergency Planning and Community Right-to-Know Act (EPCRA), the Pollution Prevention Act (PPA), and related EPA policies and procedures “in ways that value science, protect people and the environment, and...

The National Institute for Occupational Safety and Health (NIOSH) has published Current Intelligence Bulletin 70: Health Effects of Occupational Exposure to Silver Nanomaterials. According to the Current Intelligence Bulletin (CIB), NIOSH assessed potential health risk from exposure to silver nanomaterials by evaluating more than 100 studies of silver nanomaterials in animals or cells. The CIB states that recent studies in animals have demonstrated that biologic activity and potential...