Blogs

By Lynn L. Bergeson  On December 29, 2021, the Kentucky Commissioner of Agriculture, Dr. Ryan Quarles, announced that eligible Kentucky companies can now apply to the state’s Renewable Chemical Production Program. This program provides tax credits for capital investment, job creation, and the production of more than 30 chemicals derived from biomass feedstocks. These chemicals are limited to building block chemicals with a biobased content percentage of at least 50 percent,...

Bergeson & Campbell, P.C. (B&C®) is pleased to provide our Forecast 2022 to readers of the Biobased and Renewable Products Update, offering our best informed judgment as to the trends and key developments we expect to see in the new year. Global and national policy reforms continue to focus increasingly on a circular economy as a critical part of addressing climate change. In 2022, industry stakeholders can expect the U.S. Department of Energy (DOE) to...

Public Employees for Environmental Responsibility (PEER) announced on January 5, 2022, that it filed suit in the U.S. District Court for the District of Columbia to compel the U.S. Environmental Protection Agency (EPA) to disclose reports submitted pursuant to Section 8(e) of the Toxic Substances Control Act (TSCA). According to the complaint, PEER submitted a Freedom of Information Act (FOIA) request in November 2021 seeking records demonstrating how EPA deals with Section 8(e)...

On December 30, 2021, the U.S. Environmental Protection Agency (EPA) issued a final rule rescinding the March 2, 2020, final rule (2020 inspection rule) regarding EPA’s procedures for conducting on-site civil inspections. This final rule applies to on-site inspections conducted by EPA civil inspectors, federal contractors, and Senior Environmental Employment employees conducting inspections on behalf of EPA. This rule is effective immediately, as EPA states this rulemaking...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On December 7, 2021, the U.S. Department of Agriculture (USDA) Secretary Tom Vilsack announced that USDA is making $800 million available to support biofuel producers and improve infrastructure affected negatively by the COVID-19 pandemic. Funds will become available through USDA’s new Biofuel Producer Program authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). USDA hopes that $100...

Bergeson & Campbell, P.C. (B&C®) is pleased to provide our Forecast 2022 to FIFRA Blog readers, offering our best informed judgment as to the trends and key developments we expect to see in the new year. For the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP), 2021 was a full year of working from home while addressing ongoing priorities; continuing the march toward meeting the 2022 deadline for registration review of pesticides registered...

Bergeson & Campbell, P.C. (B&C®) is pleased to provide our Forecast 2022 to TSCAblog® readers, offering our best informed judgment as to the trends and key developments we expect to see in the new year. In 2022, the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) will continue to focus on implementing the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) amendments to the Toxic Substances Control Act...

On December 22, 2021, the Swedish National Platform for Nanosafety (SweNanoSafe) announced the availability of the executive summary for a report entitled “Toward Safe and Sustainable Nanotechnology Innovation.” SweNanoSafe and researchers from the Action Research Center for a Resilient Society, Sari Scheinberg and Sverker Alänge, commissioned a study to contribute to knowledge and understanding, to create new ways of meeting, and to gather information on how...

Bergeson & Campbell, P.C. (B&C®) is pleased to provide our Forecast 2022 to Nano and Other Emerging Chemical Technologies Blog readers, offering our best informed judgment as to the trends and key developments we expect to see in the new year. On October 8, 2021, the National Nanotechnology Coordination Office (NNCO) announced the release of the 2021 National Nanotechnology Initiative Strategic Plan, outlining the goals, objectives, and actions for the National Nanotechnology...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On December 7, 2021, the Organization for Economic Cooperation and Development (OECD) published a study titled: “A Chemicals Perspective on Designing with Sustainable Plastics: Goals, Considerations and Trade-offs.” The study builds on considerations from a similar OECD report from 2018 by analyzing four sector-specific case studies on insulation, flooring, biscuit wrappers, and detergent bottles. To produce...

The U.S. Environmental Protection Agency (EPA) announced on December 28, 2021, it is granting a petition from six North Carolina public health and environmental justice organizations filed under Section 21 of the Toxic Substances Control Act (TSCA) to compel companies to conduct testing of certain per- and polyfluoroalkyl substances (PFAS). The previous Administration denied the petition on January 22, 2021. 86 Fed. Reg. 6602. The petition sought issuance of a rule or order under TSCA...

The U.S. Environmental Protection Agency (EPA) announced on December 27, 2021, that it is expanding the scope of Toxics Release Inventory (TRI) reporting requirements to include certain contract sterilization facilities that are not currently reporting on ethylene oxide releases. EPA states that under the Emergency Planning and Community Right-to-Know Act (EPCRA), “the EPA Administrator has the discretionary authority to extend TRI reporting requirements to specific facilities based on a...

By Lynn L. Bergeson   On December 13, 2021, the U.S. Department of Energy (DOE) announced the availability of $54 million in seed funding for U.S. small businesses to research, develop, and create commercialization action plans for new technologies that accelerate the national transition to a clean energy economy. Led by DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, the opportunity provides that applicants may receive up...

On December 21, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “ACEnano: Goodbye, Hello” by Dr. Eugenia Valsami-Jones about Project ACEnano, a Horizon2020 project that recently completed its 4.5-year course. The project’s main goal was to strengthen clarity into nanomaterial risk assessment using a tiered approach to the physicochemical characterization of nanomaterials. Valsami-Jones describes the analytical solutions produced by...

The U.S. Environmental Protection Agency (EPA) has reopened the online dockets for 20 high-priority substances. According to the December 9, 2021, memorandum authorizing the re-opening of the dockets, EPA is re-opening these dockets to receive use, hazard, exposure, and any other information that can help inform their risk evaluations. Information must be submitted by June 9, 2022, when EPA will close the dockets. Information submitted to the docket should be identified by the...

On December 17, 2021, Canada published the Chemicals Management Plan implementation table for 2021-2024. Under the Canadian Environmental Protection Act, 1999 (CEPA), Canada plans to take the following actions regarding nanomaterials on the Domestic Substances List (DSL): prioritization of substances in commerce according to responses to the CEPA Section 71 Survey and screening assessment of high-priority nanomaterials on the DSL. The deliverables include: The rationale for action...

The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) is accepting public comments on candidates under consideration for selection as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with their review of the draft EPA Toxic Substances Control Act (TSCA) Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities. EPA will use the comments to assist it in selecting approximately...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On December 10, 2021, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public hearing on its proposal for the “Renewable Fuel Standard (RFS) Program: RFS Annual Rules” signed on December 7, 2021. The virtual public hearing is scheduled for January 4, 2022, from 9:00 a.m. to 5:00 p.m. (EST). If necessary, EPA will hold an additional virtual session on January 5, 2022, to...

The U.S. Environmental Protection Agency (EPA) announced the availability of the Draft Systematic Review Protocol Supporting TSCA Risk Evaluations for Chemical Substances (Draft Protocol) on December 20, 2021. 86 Fed. Reg. 71891. According to EPA, the Draft Protocol includes a revised generic approach for Toxic Substances Control Act (TSCA)-related approaches accounting for previous peer review comments from the Science Advisory Committee on Chemicals (SACC) reviews of risk...

By Lynn L. Bergeson On December 14, 2021, the U.S. Environmental Protection Agency (EPA) announced that it is proposing to deny all undecided/pending small refinery exemption petitions under the Renewable Fuel Standard (RFS) program. EPA is accepting comments on its proposal until February 7, 2022....

By Lynn L. Bergeson   On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The EO calls for the federal government to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Using a whole-of-government approach, the federal government “will demonstrate how innovation and environmental stewardship can protect our...

The European Commission (EC) published a regulation on November 30, 2021, in the Official Journal of the European Union that denies the authorization of titanium dioxide (E171) as an additive in animal nutrition, in the additive category “sensory additives,” and in the functional group “colourants: substances that add or restore colour in feedingstuffs.” Under the regulation, existing stocks of the additive must be withdrawn from the market by March 20, 2022....

The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) announced the availability of its fiscal year (FY) 2022 oversight plan on December 14, 2021. According to OIG, the plan reflects the priority work that the OIG believes is necessary to keep EPA, the U.S. Chemical Safety and Hazard Investigation Board (CSB), and Congress fully informed about issues relating to the administration of EPA programs and operations. The planned oversight projects...

The January 18, 2022, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is approaching. The 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 fee to keep the registration in effect. The maintenance fee requirement does not...

In December 2021, the German Environment Agency (UBA) published a report entitled Development of a specific OECD Test Guideline on Particle Size and Particle Size Distribution of Nanomaterials. The UBA commissioned the Federal Institute for Occupational Safety and Health (BAuA) (project coordinator) and the Federal Institute for Materials Research and Testing (BAM) to develop an Organization for Economic Cooperation and Development (⁠OECD)⁠ Test Guideline for the determination of particle...

On December 10, 2021, the Biden Administration released its Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions. According to the U.S. Environmental Protection Agency’s (EPA) rule list, the Office of Chemical Safety and Pollution Prevention (OCSPP) is working on the following rulemakings under the Toxic Substances Control Act (TSCA). Rulemakings at the proposed stage include: The Unified Agenda lists the following TSCA rulemaking at the final stage:...

On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The EO calls for the federal government to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Using a whole-of-government approach, the federal government “will demonstrate how innovation and environmental stewardship can protect our planet, safeguard Federal investments...

On November 18, 2021, the United Farm Workers and several other non-governmental organizations (NGO) filed a petition with the U.S. Environmental Protection Agency (EPA) to revoke all food tolerances and cancel registrations for organophosphate (OP) pesticides (Petition). The Petition was filed pursuant to the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. Section 346a(d), the Administrative Procedure Act (APA), 5 U.S.C. Section 551, and the First Amendment Constitutional Right to...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On November 26, 2021, EPA issued a proposed rule to modify certain compliance dates under the Renewable Fuel Standard (RFS) program. For small refineries only, EPA is proposing to extend the RFS compliance reporting deadline and the associated attest engagement reporting deadline for compliance year 2019. EPA is also proposing to extend the RFS compliance reporting deadline and the associated attest reporting deadline...

By Lynn L. Bergeson On November 11, 2021, the University of Iowa announced that its Department of Biology scientists discovered a new type of genetic variation in yeast that can improve the production of ethanol. According to the study conducted by the University’s biologists, yeast strains with certain alleles of gene MED15 are more efficient at fermentation. The study was led by Professor Jan Fassler, who states that these findings may assist scientists in engineering a...

On December 2, 2021, the U.S. Environmental Protection Agency (EPA) announced it released the registration review schedule for the next four years through fiscal year (FY) 2025. While historically this schedule has been updated once each year, EPA states that going forward it will be updated on a quarterly basis. The 2007 amendment of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires that EPA review each registered pesticide at least every 15...

The American National Standards Institute (ANSI), which administers the U.S. Technical Advisory Group for the International Organization for Standardization (ISO) Technical Committee (TC) 229 on Nanotechnologies, announced a survey seeking feedback on the use of terms related to advanced materials as part of its newly launched study group, Advanced and Emerging Materials. According to ANSI, the study group is charged with identifying and clarifying differences between the use of terms...

By Lynn L. Bergeson  According to an October 26, 2021, project notification memorandum, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) plans to begin fieldwork on an audit of EPA’s process for conducting reviews of new chemicals under the Toxic Substances Control Act (TSCA). The memorandum states that the audit “is self-initiated based on OIG’s oversight plan for fiscal year [(FY)] 2022 and to address complaints submitted to the OIG...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On November 23, 2021, the American Chemical Society (ACS) Green Chemistry Institute (GCI) announced that it is accepting applications for the Nina McClelland Memorial Award for postdoctoral chemists engaged in green chemistry research. Annually, two awardees will receive a $2,000 sponsorship to participate in and present their research at the annual ACS Green Chemistry & Engineering Conference (GC&E). The 2022 GC&E...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On November 23, 2021, ACS announced that it is accepting applications for its Heh-Won Chang, Ph.D. Fellowship in Green Chemistry. This opportunity provides $5,000 in financial support to full-time graduate students conducting research in green chemistry. This one-time payment may be used for any purpose, including conference travel, professional development, and living expenses while the recipient is in graduate school. This...

The U.S. Environmental Protection Agency (EPA) announced on November 30, 2021, the release of the National Academies of Sciences, Engineering, and Medicine’s (NASEM) external peer review report of the Office of Research and Development (ORD) Staff Handbook for Developing Integrated Risk Information System (IRIS) Assessments (IRIS Handbook). EPA states that the IRIS Handbook provides standard operating procedures for staffers developing IRIS assessments and includes systematic review...

The Scientific Committee on Consumer Safety (SCCS) published its final opinion on HAA299 (nano) on November 25, 2021. The European Commission (EC) asked SCCS whether HAA299 (nano) is considered safe when used as an ultraviolet (UV) filter in cosmetic products up to a maximum concentration of ten percent. According to the final opinion, SCCS considers that HAA299 (nano) as covered within the provided characteristics “is safe when used as a UV-filter in dermally-applied cosmetic products...

On November 24, 2021, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for a number of chemical substances that were the subject of premanufacture notices (PMN) and are also subject to Orders issued by EPA pursuant to TSCA. 86 Fed. Reg. 66993. The proposed SNURs include one for a chemical substance identified generically as multi-walled carbon nanotubes (PMN P-20-72). According to EPA, the PMN states...

The U.S. Environmental Protection Agency (EPA) announced on November 23, 2021, legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). This is not the fee adjustment we have been awaiting. It is a routine increase that TSCA directs EPA every three years to adjust the fees. The adjustment will go into effect on January 1, 2022, and will apply to all TSCA fees. The fee adjustment will not be retroactive and will not...

On November 19, 2021, the U.S. Environmental Protection Agency (EPA) announced that it is extending COVID-19 activation of the emerging viral pathogens (EVP) guidance for antimicrobial pesticides indefinitely. EPA states that its EVP guidance for antimicrobial pesticides is a part of the federal government’s pandemic preparedness, allowing manufacturers to provide EPA with data, even in advance of an outbreak, demonstrating that their products are effective against hard-to-kill...

The Australian Industrial Chemicals Introduction Scheme (AICIS) announced on November 22, 2021, rules amendments and regulatory changes beginning on November 23, 2021, and December 10, 2021, following amendments to the Industrial Chemicals (General Rules) 2019 and the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Rules 2019. After considering stakeholder feedback, the Minister for Regional Health signed the Industrial Chemicals (General)...

The Organization for Economic Cooperation and Development (OECD) recently published the following reports: On December 2, 2021, OECD will host a webinar on how to assess exposure to nanomaterials. According to OECD, scientific knowledge to assess exposure to nanomaterials continues to improve, and new exposure tools and models for nanomaterials are being developed. To promote development in this area further, OECD compiled an inventory of available models and tools for assessing...

On November 15, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) announced the release of a report that it commissioned entitled “Study on the Product Lifecycles, Waste Recycling and the Circular Economy for Nanomaterials.” The study updates and expands on the 2016 Organization for Economic Cooperation and Development (OECD) document entitled “Nanomaterials in Waste Streams — Current Knowledge on Risks and Impacts.” The report covers waste streams containing...

On November 17, 2021, the U.S. Environmental Protection Agency announced the availability of its response to an August 16, 2021, petition filed under Section 21 of the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 64129. William D. Bush requested that EPA determine that the “chemical mixtures contained within cosmetics present an unreasonable risk of injury to health and the environment,” and issue a rule or order under TSCA to “eliminate the hazardous chemicals used in...

The National Nanotechnology Initiative (NNI) held a webinar on November 16, 2021, entitled “What We Know about NanoEHS: Risk Assessment and Risk Management.” The webinar’s speakers explored the impact of advances in risk assessment and risk management on the safe and responsible development of nanotechnology. The panel included: Schulte introduced the panel and provided the basis for discussing developments in the environmental, health, and safety aspects of nanomaterials (nanoEHS)...

The International Organization for Standardization (ISO) recently published ISO/TS 23650:2021, “Nanotechnologies — Evaluation of the antimicrobial performance of textiles containing manufactured nanomaterials.” ISO states that the standard specifies the antimicrobial performance assessment method for textiles containing manufactured (metals/metal oxides) nanomaterials. The textiles in the standard include fabric, yarn, and fiber in which manufactured nanomaterials are used during the...

On November 15, 2021, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) announced the availability of its annual report summarizing what OIG considers the “most serious management and performance challenges facing the agency.” According to OIG, EPA’s top management challenges in fiscal year (FY) 2022 include:...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce that FIFRA Tutor™ regulatory training courses are now available at www.FIFRAtutor.com. Professionals can preview and enroll in on-demand classes to complete at their own pace and timing. FIFRA Tutor joins B&C’s existing TSCA Tutor® training courses in offering efficient and essential training for chemical regulatory professionals, and a third training program, HazCom GHS Tutor, is planned...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 29, 2021, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) issued a notice of intent to release a second Funding Opportunity Announcement (FOA) to accelerate the scale-up of biofuel and bioproduct refineries. Funded by DOE’s Bioenergy Technologies Office (BETO), this FOA will include efforts for pre-pilot, pilot, and demonstration scale projects. The FOA will fund...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 28, 2021, the Tokyo Institute of Technology (Tokyo Tech) announced that several of its scientists discovered in a study that bioplastics can be chemically recycled into nitrogen-rich fertilizers in an environmentally friendly manner. Assistant Professor Daisuke Aoki and Professor Hideyuki Otsuka led the study hoping to address plastic pollution, petrochemical resource depletion, and world hunger. In their novel method,...