As reported in our January 4, 2021, blog item, the American Conference of Governmental Industrial Hygienists (ACGIH®) Threshold Limit Values for Chemical Substances (TLV®-CS) Committee included carbon nanotubes on its 2021 list of chemical substances and other issues under study. Being placed on the under study list indicated that the TLV®-CS Committee had selected carbon nanotubes for development of a threshold limit value (TLV®). ACGIH® has now released its two-tier under...
The U.S. Environmental Protection Agency (EPA) announced on July 29, 2021, the availability of the preliminary Toxics Release Inventory (TRI) data on chemical releases, chemical waste management, and pollution prevention activities that took place during 2020 at almost 21,000 federal and industrial facilities in the United States. EPA notes that the preliminary data include the first-ever reporting on per- and polyfluoroalkyl substances (PFAS) added to the TRI by the 2020 National...
August 2, 2021
EUON Publishes Nanopinion on ECHA Nanomaterials Expert Group
On July 15, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “The ECHA Nanomaterials Expert Group (NMEG)” by Frank Le Curieux, Scientific Area Leader for Genotoxicity at the European Chemicals Agency (ECHA). Le Curieux provides a brief summary of the creation of NMEG and its history. NMEG’s current mandate is to provide informal and non-binding scientific and technical advice on questions related to nanomaterials or nanoforms of substances...
The January 29, 2021, issue of the U.S. Food and Drug Administration’s (FDA) NCTR Research Highlights includes an item highlighting the National Center for Toxicological Research’s (NCTR) nanotechnology-related activities in 2020. The activities include: Nanotechnology Standards: Two work items developed by the NCTR Nanotechnology Core Facility (Nanocore) staff became standards in February 2019 and January 2020 (Standard Practice for Performing...
As reported in our May 7, 2021, blog item, the European Commission (EC) recently held a targeted stakeholder consultation to update, test, and verify the preliminary findings of its review of the 2011 Recommendation on the definition of a nanomaterial. According to a July 23, 2021, news item posted by the French Agency for Food, Environmental and Occupational Health and Safety (ANSES), in its response to the consultation, ANSES maintained that the changes proposed by the EC...
July 29, 2021
EPA Extends Comment Period on Proposed TSCA Reporting and Recordkeeping Requirements for PFAS
As reported in our June 28, 2021, blog item, 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 announced on July 29, 2021, that it is extending the comment deadline to September 27, 2021. EPA will announce the extension of the comment deadline in the Federal Register. The proposed rule would...
July 29, 2021
DOE Announces Funding For University-Based IACs
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 26, 2021, the U.S. Department of Energy (DOE) announced the availability of $60 million in funding for its cohort of university-based Industrial Assessment Centers (IACs). The IACs assist small- and medium-sized manufacturers in reducing their carbon footprint and lowering energy costs. IACs, with particular attention to disadvantaged and underrepresented communities, also train the next generation of...
July 28, 2021
EC Publishes Report on Use of Nanomaterials in Cosmetics and Review of Cosmetics Regulation Regarding Nanomaterials
Pursuant to Article 16 (10) and (11) of Regulation (EC) No 1223/2009 (Cosmetics Regulation), the European Commission (EC) is required to submit to the European Parliament and the Council an annual status report on the use of nanomaterials in cosmetic products and to review the Regulation’s provisions concerning nanomaterials. The July 22, 2021, report includes the following main findings: On average, ten new cosmetic products containing nanomaterials are placed on the European Union...
July 28, 2021
DOE Announces New Goal For Its Energy Earthshot Program
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...
July 27, 2021
EC Committee’s Preliminary Opinion on HAA299 (Nano) as a UV Filter Open for Public Comment
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 dermally...
July 27, 2021
DOE Virtual Roundtable On The Future Of Manufacturing
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...
July 21, 2021
ECHA Calls for Tenders to Perform Study on Impact of Graphene, Graphene Oxide, and Other 2D Materials
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, based on...
July 20, 2021
OSTP Will Hold Public Listening Sessions on Scientific Integrity and Evidence-Based Policymaking
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 a...
July 16, 2021
Senate Confirms Michal Freedhoff as EPA Assistant Administrator for Chemical Safety and Pollution Prevention
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...
July 14, 2021
Coalition of Chemical Manufacturers, Brand Owners, NGOs, States, and Municipalities Calls on Congres
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,...
July 9, 2021
NanoHarmony Survey Asks Stakeholders about Their Experiences with OECD Test Guidelines and Guidance Documents
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...
July 7, 2021
ECHA Begins Consultation on CLH Proposal for Multi-Walled Carbon Tubes, Including Multi-Walled Carbon Nanotubes
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...
July 6, 2021
EPA Announces It Is Taking Action in Response to Supply-Chain Disruptions for Inert Ingredients
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...
July 2, 2021
Data on 20 High-Priority Chemicals and 30 Organohalogen Flame Retardants Due September 27, 2021
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 substances subject to...
July 2, 2021
DOE Announces Dates For National SBIR Week
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 developing new technologies....
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...
July 1, 2021
EC Committee Needs More Data to Assess Safety of the Nanomaterials Gold, Colloidal Gold, and Surface Modified Gold
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...
June 29, 2021
EC Committee States More Data Needed to Assess Safety of Notified Platinum Nanomaterials
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,...
June 28, 2021
Comments on Proposed TSCA Reporting and Recordkeeping Requirements for PFAS Due August 27, 2021
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...
June 28, 2021
Registration Opens for Workshop on the Future of NNI
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 2016 Lautenberg...
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 approval to...
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 by June 30, 2021. The TRI...
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...
June 18, 2021
EU Survey Seeks Information on Needs for Integration of Nanofabrication Industrial Ecosystem
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...