Blogs

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On July 14, 2021, the U.S. Department of Energy (DOE) announced a new goal under the Energy Earthshot Initiative’s (Energy Earthshots): “Long Duration Storage Shot.” The Energy Earthshots program focuses on scientific breakthroughs that can lead to more abundant, affordable, and reliable clean energy solutions within this decade as the United States aims to achieve net-zero carbon goals by 2050. The second...

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) has begun a public comment period on its preliminary opinion on HAA299 (nano). The EC asked SCCS whether it considered HAA299 (nano) safe when used as an ultraviolet (UV) filter in cosmetic products up to a maximum concentration of ten percent. According to the preliminary opinion, SCCS considers that HAA299 (nano) as covered within the provided characteristics is safe when used as a UV filter in...

By Lynn L. Bergeson On July 29, 2021, at 1:00 p.m. (EDT), Secretary of Energy Jennifer M. Granholm will host a virtual roundtable on the future of manufacturing. Roundtable discussions will focus on the U.S. Department of Energy’s (DOE) efforts to: Decarbonize the manufacturing sector in the United States; Manufacture clean-energy technologies; and Pave the way to a resilient, carbon-neutral economy by 2050. During the roundtable’s panel discussion, Secretary Granholm will...

The U.S. Consumer Product Safety Commission (CPSC) announced on July 14, 2021, that it filed an administrative complaint against Amazon.com, “the world’s largest retailer, to force Amazon to accept responsibility for recalling potentially hazardous products sold on Amazon.com.” CPSC claims that the specified products sold through Amazon’s “fulfilled by Amazon” (FBA) program are defective and pose a risk of serious injury or death to consumers and that Amazon is...

The U.S. Consumer Product Safety Commission (CPSC) announced on July 14, 2021, that it filed an administrative complaint against Amazon.com, “the world’s largest retailer, to force Amazon to accept responsibility for recalling potentially hazardous products sold on Amazon.com.” CPSC claims that the specified products sold through Amazon’s “fulfilled by Amazon” (FBA) program are defective and pose a risk of serious injury or death to consumers and that Amazon is...

The European Chemicals Agency (ECHA) has launched a call for tenders to perform a study “Assessment of the potential impact of graphene, graphene oxide and other 2D materials on health, and the environment” as part of the European Union (EU) Observatory for Nanomaterials (EUON). According to the description, the goal of the study is to conduct a systematic literature review of the health and environmental effects of graphene, graphene oxide, and other two-dimensional (2D) materials,...

The White House Office of Science and Technology Policy (OSTP) announced on July 20, 2021, that it is organizing a series of three virtual listening sessions to hear about issues and concerns related to scientific integrity from members of the public who produce, communicate, and use scientific and technical information. 86 Fed. Reg. 38363. According to OSTP, it will use perspectives gathered during the virtual listening sessions to inform the assessment of federal agencies’...

The International Organization for Standardization (ISO) has published ISO/TR 22293:2021, “Evaluation of methods for assessing the release of nanomaterials from commercial, nanomaterial-containing polymer composites.” ISO states that an understanding of what is released from products containing manufactured nanomaterials “is critical to planning and managing safe development and use of those products.” The document aims to provide a guide to the information to be taken into account in...

 On February 16, 2021, the National Academies of Sciences, Engineering, and Medicine (National Academies) announced the availability of a report entitled The Use of Systematic Review in EPA’s Toxic Substances Control Act Risk Evaluations.  The U.S. Environmental Protection Agency (EPA) requested that the National Academies convene a committee to review EPA’s 2018 guidance document on Application of Systematic Review in TSCA Risk Evaluations and associated...

On July 14, 2021, the U.S. Environmental Protection Agency (EPA) announced a stewardship program to encourage the voluntary withdrawal of previously granted low volume exemptions (LVE) for per- and polyfluoroalkyl substances (PFAS). According to EPA, the goal of the PFAS LVE Stewardship Program is to stop the ongoing manufacture of PFAS under previously approved LVEs that have not gone through the full pre-manufacture review process under the Toxic Substances Control Act (TSCA). EPA will hold...

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 Assistant Administrator for Chemical Safety and...

On June 15, 2021, the U.S. Environmental Protection Agency (EPA) appointed nine new members to serve on the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals (SACC). Additionally, EPA appointed a new Chair and reappointed seven existing members. In EPA’s July 13, 2021, announcement, EPA notes that members of the TSCA SACC serve staggered terms of appointment, generally of three years. They possess expertise in scientific and technical fields relevant to chemical risk...

On July 12, 2021, the U.S. Environmental Protection Agency (EPA) announced in the Federal Register a notice of availability of a petition filed on April 8, 2021, by the Center for Biological Diversity (CBD) requesting that EPA cancel Elanco US Inc.’s (formerly Bayer Healthcare LLC) Product, PNR1427, more commonly known as Seresto (Petition). 86 Fed. Reg. 36546. The Petition also requests that EPA suspend the registration pending the requested cancellation. Seresto has been registered...

The U.S. Environmental Protection Agency (EPA) announced on July 13, 2021, that Amazon’s Climate Pledge Friendly initiative now includes cleaning and other products certified by EPA’s Safer Choice program. According to EPA, Safer Choice is now one of 30 sustainability certifications highlighted under Amazon’s Climate Pledge Friendly initiative that helps customers shop for more than 75,000 products through the company’s online store. EPA notes that highlighting Safer...

By Lynn L. Bergeson and Carla N. Hutton   On June 24, 2021, a “unique and broad group” of chemical manufacturers, brand owners, environmental non-governmental organizations (NGO), states, and municipalities sent a letter to the leaders of the House and Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies to express their “strong support” for the U.S. Environmental Protection Agency’s (EPA) Safer Choice Program and to encourage that...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Environmental Protection Agency (EPA) announced on July 13, 2021, that Amazon’s Climate Pledge Friendly initiative now includes cleaning and other products certified by EPA’s Safer Choice program. According to EPA, Safer Choice is now one of 30 sustainability certifications highlighted under Amazon’s Climate Pledge Friendly initiative that helps customers shop for more than 75,000 products through the company’s...

On July 27, 2021, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) will hold a public meeting to engage with interested stakeholders on the development of a proposed rule for implementing a tiered data collection strategy to help inform EPA’s prioritization, risk evaluation, and risk management activities for chemical substances or mixtures under the Toxic Substances Control Act (TSCA). According to EPA, it currently...

On July 13, 2021, the National Institute for Occupational Safety and Health (NIOSH) announced the availability of a draft technical report entitled Approaches to Developing Occupational Exposure Limits or Bands for Engineered Nanomaterials: User Guide and Technical Report. 86 Fed. Reg. 36748. NIOSH states that the draft report describes an evidence-based approach to evaluate the scientific information available to derive occupational exposure limits, or bands, for engineered...

By Lynn L. Bergeson On July 2, 2021, U.S. Representatives Angie Craig (D-MN) and Randy Feenstra (R-IA) introduced a bill called the Small Refinery Exemption Clarification Act of 2021. The bill clarifies that only oil refineries that have been continuously receiving small refinery exemptions (SRE) since 2011 should be eligible to petition for extensions of renewable fuel blending requirement exemptions. The SRE Clarification Act follows the Supreme Court’s decision in late June 2021...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On July 6, 2021, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) and National Renewable Energy Laboratory (NREL) announced Phase I selections for the Waste-to-Energy Technical Assistance for Local Governments Program. Designed by NREL to provide assistance in the development of waste-to-energy (WTE) technologies on behalf of BETO, the goal of this program is to identify gaps and gather data and...

On July 8, 2021, the U.S. Environmental Protection Agency (EPA) announced that it issued a Stop Sale, Use or Removal Order (SSURO) to Allied BioScience for its product SurfaceWise2. SurfaceWise2, a residual antimicrobial surface coating, was previously authorized for emergency use in Arkansas, Oklahoma, and Texas to help address the COVID-19 pandemic. Specific use sites included American Airlines aircraft and airport facilities and two orthopedic facilities in Texas. A discussion of...

The Center for Environmental Health (CEH) announced on June 29, 2021, that it filed suit against three companies in the U.S. District Court for the District of Columbia for alleged violations of the Chemical Data Reporting (CDR) rule. According to CEH, an investigation found that four companies imported 65 chemicals that are subject to reporting under the CDR rule. CEH states that the chemicals “include several recognized carcinogens, including benzene, butadiene, trichloroethylene,...

NanoHarmony aims to support the development of Organization for Economic Cooperation and Development (OECD) test guidelines (TG) and guidance documents (GD) for eight endpoints where nanomaterial-adapted test methods have been identified as a regulatory priority. NanoHarmony states that it is looking to create guidance for the development of other TGs and GDs in the future that will create a more efficient pathway to develop these. To help learn best practice in this area, the NanoHarmony...

On June 24, 2021, a “unique and broad group” of chemical manufacturers, brand owners, environmental non-governmental organizations (NGO), states, and municipalities sent a letter to the leaders of the House and Senate Appropriations Subcommittees on Interior, Environment, and Related Agencies to express their “strong support” for the U.S. Environmental Protection Agency’s (EPA) Safer Choice Program and to encourage that the program be funded fully. The letter asks that the...

The European Chemicals Agency (ECHA) has begun a public consultation on a harmonized classification and labeling (CLH) proposal for multi-walled carbon tubes (synthetic graphite in tubular shape) with a geometric tube diameter range ≥ 30 nanometers (nm) to < 3 micrometers (μm) and a length ≥ 5 μm and aspect ratio > 3:1, including multi-walled carbon nanotubes (MWC(N)T). The dossier submitted by Germany’s Federal Institute for Occupational Safety and Health (BAuA) states that the...

On July 2, 2021, the U.S. Environmental Protection Agency (EPA) announced it is taking action to alleviate a supply-chain issue facing the pesticide industry. EPA stated that it is allowing registrants of non-antimicrobial pesticide products to substitute some combination of pre-approved alternate inert ingredients for inert ingredients derived from propylene oxide feedstocks that are in limited supply due to weather events that occurred in the U.S. Gulf Coast area in February 2021....

The European Commission (EC) has requested a scientific opinion from the Scientific Committee for Consumer Safety (SCCS) on fullerenes and hydroxylated fullerenes. According to the request, the EC has received 19 notifications under Article 16 of the Cosmetics Regulation for cosmetic products containing fullerenes and hydroxylated fullerenes. The request states that these ingredients “are reported in CosIng database with the function of ‘antimicrobial’ and ‘skin...

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...