Blogs

The European Union (EU) Observatory for Nanomaterials (EUON) announced on October 10, 2023, that it published “A study on valid in silico modelling tools and read-across approaches, including creation of case studies on read-across for specific (types of) nanomaterials” that analyzes read-across and in silico approaches as alternative methods to conventional hazard and risk assessments for nanomaterials. According to EUON, the study identifies 190 alternative models and methodologies for...

On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including...

California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...

Registration is open for Nano4EARTH’s November 2, 2023, roundtable discussion on nanotechnology-enabled greenhouse gas (GHG) capture technologies that could help accelerate net-zero goals. The National Nanotechnology Coordination Office (NNCO) states that although full-scale deployment of many nanotechnology-based GHG capture solutions could take longer than four years, the discussion “will focus on nearer-term opportunities for impact that could pave the way toward larger-scale...

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...

On October 6, 2023, the White House Office of Science and Technology Policy (OSTP) posted a readout of the first-of-its-kind Nanotechnology Infrastructure Leaders Summit, held at the White House’s Eisenhower Executive Office Building on September 11, 2023. According to OSTP, the meeting included the leadership of 35 different user facilities, open research laboratories, and innovation institutes that “share the mission of facilitating access to cutting-edge tools and expertise that are...

The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with EPA’s approach to other novel pesticide products. EPA states that ledprona “is a new type of pesticide that relies on a natural mechanism — called RNA interference (RNAi) — used by plants and insects to protect against disease.” The proposed biopesticide...

The European Commission (EC) announced on October 3, 2023, that it adopted a Recommendation on critical technology areas for the European Union’s (EU) economic security, for further risk assessment with EU member states. According to the EC, the Recommendation relates to the assessment of technology risk and technology leakage. The EC states that the risk assessment “will be objective in character, and neither its results nor any follow-up measures can be anticipated at this stage.”...

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...

Bergeson & Campbell, P.C. understands that the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) has formed a work group to review data and information related to whether the current 100-nanometer (nm) threshold for determining whether a substance is a nanomaterial should be reviewed. Our May 10, 2022, blog item reported on a May 2022 news item published by EPA, “Advancing EPA’s Understanding of the Next Generation of Pesticides.” According to the item,...

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient applications and active ingredients undergoing registration review. EPA states this guidance fulfills requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5) and furthers goals outlined in EPA’s 2022 ESA Workplan to protect listed species from...

On September 18, 2023, the American Cleaning Institute (ACI) recognized member companies that have been “early adopters” of its Sustainable Feedstocks Initiative, “aimed to drive the use of more sustainable feedstocks in cleaning product ingredients and products throughout the industry.” ACI states that the initiative focused on the top raw materials used in cleaning products. For the purposes of this initiative, ACI defines a sustainable feedstock as “a raw or recycled material...

The U.S. Environmental Protection Agency (EPA) announced on October 6, 2023, that it is deploying application updates, supporting new requirements under the Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) Procedural Rule, within its electronic reporting site Central Data Exchange (CDX). EPA states that the deployments will update the applications requiring CBI substantiations to be provided within the application instead of requiring substantiation documents/templates...

The EU Academy, an online hub owned by the European Union (EU), is offering an online course on how EU legislation addresses nanomaterials. The target audience includes: The learning objectives include:...

On September 7, 2023, the Congressional Research Service (CRS) published a report entitled Gene-Edited Plants: Regulation and Issues for Congress. The report notes that the U.S. regulation and oversight of gene editing in plants is facilitated by the Coordinated Framework for Regulation of Biotechnology, which involves the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA). Established in 1986 by the White House...

On October 2, 2023, the U.S. Environmental Protection Agency (EPA) announced 30 Safer Choice Partner of the Year award winners, recognizing their achievements in the design, manufacture, and the selection and use of cleaners, detergents, and other products with safer chemicals. EPA states that the Safer Choice program helps consumers and purchasers of facilities, such as schools and office buildings, find cleaning and other products containing chemical ingredients that are safer alternatives for...

On September 19, 2023, the Congressional Research Service (CRS) published a report providing an overview of cell-cultivated meat. The report provides an overview of the science of cell-cultivated meat, the industry, the regulatory framework for cell-cultivated meat products, congressional interests, and potential policy considerations. CRS states that cell-cultivated meat is developed in a lab, grown from a sample of animal cells that does not require the slaughter of animals. Developing...

The Minnesota Pollution Control Agency (MPCA) published two Requests for Comments (RFC) on two planned per- and polyfluoroalkyl substances (PFAS) rulemakings in the September 25, 2023, State Register, the PFAS in Products Reporting Rule (Revisor ID Number R-4828) and the PFAS in Products Fees Rule (Revisor ID Number R-4827). Comments on the RFCs are due by 4:30 p.m. (CST) on Tuesday, November 28, 2023....

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is adding ten chemicals to the Safer Chemical Ingredients List (SCIL). EPA describes the SCIL as “a living list of chemicals that EPA’s Safer Choice program has evaluated and determined meet Safer Choice criteria.” With this update, the SCIL includes a total of 1,071 chemicals that are “among the safest for their functional use.” According to EPA, the SCIL provides increased transparency...