Blogs

On August 2, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service’s (APHIS) Biotechnology Regulatory Services (BRS) announced a new flexibility for BRS importation permits in APHIS eFile. APHIS states that it has implemented a new flexibility allowing permit holders to reuse import labels. According to APHIS, permit holders no longer need to request additional labels if they have used all the import labels received with their permit. APHIS notes that...

The U.S. Environmental Protection Agency (EPA) is seeking applications for research to develop and demonstrate nanosensor technology with the potential to detect, monitor, and degrade per- and polyfluoroalkyl substances (PFAS) in groundwater or surface water that may be used as drinking water sources. EPA states that advances in nanoscience and nanotechnology have the potential to address the challenges of detection and treatment of PFAS-contaminated waters. Because nanomaterials are smaller in...

Bergeson & Campbell, P.C. (B&C®) is pleased to present the on-demand recording for “Determining PFAS Content in Your Supply Chain and Expanding Data Collection Practice,” a complimentary webinar covering the basics of the U.S. Environmental Protection Agency’s (EPA) reporting rule for per- and polyfluoroalkyl substances (PFAS). With Chemical Data Reporting (CDR) wrapping up this fall, companies still have time to gather the necessary information regarding PFAS to begin reporting...

The U.S. Food and Drug Administration (FDA) announced on August 1, 2024, that it will hold a public meeting on September 25, 2024, on the development of an enhanced systematic process for its post-market assessment of chemicals in food. FDA states that this includes ingredients considered generally recognized as safe (GRAS), food additives, color additives, food contact substances, and contaminants. According to FDA, this is intended to guide its post-market assessment work going forward and...

On July 29, 2024, the California Department of Pesticide Regulation (DPR) announced that it will move forward with an emergency rulemaking package to revise the fees for pesticide registrations and renewals in late August with a proposed effective date of no later than October 1, 2024. DPR states the fee increase is necessary to meet current baseline funding needs and the new positions approved as part of the Fiscal Year (FY) 2024-2025 budget. DPR states that the Governor’s Proposed 2024-2025...

The U.S. Consumer Product Safety Commission (CPSC) announced on July 30, 2024, that it issued a Decision and Order against Amazon.com, Inc. (Amazon). CPSC states that, in a unanimous vote, it “determined that Amazon was a ‘distributor’ of products that are defective or fail to meet federal consumer product safety standards, and therefore bears legal responsibility for their recall.” According to CPSC, more than 400,000 products are subject to the Order, specifically faulty carbon...

The National Institute for Occupational Safety and Health (NIOSH) posted a blog item on August 1, 2024, entitled “When Nanoparticles Blow Up -- Explosion Hazards of Nanoparticles.” According to the blog item, little is known about the potential explosivity of any material when subdivided down to the nanoscale, prompting the NIOSH Nanotechnology Research Center (NTRC) to study the explosivity of several classes of nanoparticles: Nanocarbons: NIOSH screened single-walled carbon nanotubes,...

On July 31, 2024, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the release of the first two parts of the Sustainable Aviation Fuel (SAF) State-of-Industry Report. Released by the National Renewable Energy Laboratory (NREL) in partnership with BETO, the report focuses on how to achieve the near-term fuel production goals set forth in the SAF Grand Challenge, a joint effort between DOE, the U.S. Department of Agriculture (USDA), the U.S. Department of...

The 2024 National Institute for Occupational Safety and Health (NIOSH) Nanotechnology Research Center (NTRC) Nanotechnology Health and Safety Summit will be held October 9-10, 2024. During the conference, industry, academic, and government experts will share the latest advancements in occupational exposure to nanotechnology and advanced materials. The conference will also address critical safety and health challenges and offer valuable insights and foresights on a range of cutting-edge topics,...

The Agile BioFoundry’s (ABF) 2024 Industry Day will be held virtually on September 12, 2024. Funded by the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO), ABF aims to develop biomanufacturing tools, processes, and partnerships that enable sustainable industrial production of renewable fuels and chemicals. Attendees will: Learn about ABF’s strategy to support U.S. biomanufacturing and current industry needs; Discover ABF’s biomanufacturing tools; Hear more about...

On July 25, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed suit against the U.S. Environmental Protection Agency (EPA) in the U.S. District Court for the District of Columbia seeking a rule under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the production of perfluorooctanoic acid (PFOA) during Inhance Technologies, LLC’s (Inhance) fluorination process. As reported in our May 23, 2024, blog item on their...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) will hold its annual stakeholder meeting on November 14, 2024. The meeting will take place in person at the USDA Center at Riverside, 4700 River Road, Riverdale, Maryland, with an option for virtual attendance. The meeting will include updates on: Highlights from fiscal year 2024; Priorities for fiscal year 2025; and Business process improvements. BRS requests...

On July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl substances (PFAS). Canada’s “Guidance manual for responding to the: Notice with respect to certain per- and polyfluoroalkyl substances (PFAS)” (Guidance Manual) states that the purpose of the notice is to collect information on certain PFAS substances, either alone, in...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on July 18, 2024, that it selected 13 small businesses to develop innovative biobased products and biomass processing technologies. The companies, located across ten states, have been selected to receive up to $206,500 each for this Phase I Small Business Innovative Research (SBIR) award. According to BETO, of the 13 awards, six are first-time awardees, four are located in Historically Underutilized Business...

On July 15, 2024, the U.S. Environmental Protection Agency announced it is updating its process when it assesses the potential for exposure to pesticide drift when it reviews new active ingredient pesticide registrations or makes decisions on new use directions for existing pesticide registrations. EPA states it will review potential exposure to drift earlier in the review process. Historically, EPA has only conducted a chemical-specific assessment of the potential for people to be exposed to...

The Senate Committee on Environment and Public Works will hold a hearing on July 31, 2024, on “Understanding the Potential Environmental Impacts of the Chemical 6PPD.” The scheduled witnesses include: Katrina Lassiter, Program Manager, Hazardous Waste and Toxics Reduction Program, Washington State Department of Ecology (WDOE); Tracey Norberg, Executive Vice President and General Counsel, U.S. Tire Manufacturers Association (USTMA); and David B. Fischer, MPH, Counsel, Keller and Heckman LLP....

The standard of judicial review for most critical TSCA determinations under section 19 is "substantial evidence in the record taken as a whole". This is a tough standard, considerably more rigorous than the Administrative Procedure Act (APA) standard under section 706, where agency action will be set aside if it is "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law." The recent Loper Bright decision overturning Chevron has invited much...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO’s) Feedstock-Conversion Interface Consortium (FCIC) intends to issue in September 2024 an Industrial Partnership Call (IPC) to allow collaboration between industry stakeholders and FCIC researchers. According to BETO, research areas may include biomass supply, handling, transport, storage, preprocessing, and initial chemical conversion. To maximize the likelihood of near-term impact for industrial partners, BETO...

On July 2, 2024, the California Department of Pesticide Regulation (DPR) announced the release of modifications to its proposed pesticide application notification regulation. DPR states this regulation will support the statewide implementation of what it describes to be a “first-of-its-kind” system that would provide information to the public in advance regarding the planned applications of “restricted material pesticides” used in agriculture. DPR initially proposed the regulation on...

The European Commission (EC) launched a call on July 5, 2024, for applications for members of the new Technology Council for Advanced Materials. According to the Directorate General (DG) for Internal Market, Industry, Entrepreneurship and SMEs, “this high-level group will coordinate efforts to meet future needs for advanced materials in Europe, and is key to building a single advanced materials ecosystem.” The EC’s February 2024 Communication on Advanced Materials for Industrial Leadership...