Blogs

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 involves a...

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.” In the...

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 address the...

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, the...

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: Scientists working within the fields of nanomaterials safety who have a basic knowledge of what nanomaterials are; and National authorities and private-sector employees with a scientific background similar to nanosafety scientists and a need for information on regulation of nanomaterials in the EU. The learning objectives...

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 PFAS in Products Reporting Rule: The main purpose of this rulemaking is to establish a...

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 in safer...

On October 2, 2023, the National Nanotechnology Coordination Office (NNCO) announced that its October 10, 2023, symposium entitled “Enabling the Nanotechnology Revolution: Celebrating the 20th Anniversary of the 21st Century Nanotechnology Research and Development Act” has been postponed. NNCO states that it is working with the National Academies of Sciences, Engineering, and Medicine and its speakers to find a replacement date in late February or early March 2024. NNCO will share updated...

The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced on September 14, 2023, that a new process from the University of Wisconsin (UW) - Madison allows chemical engineers to transform plastic waste into “high-value” chemicals, “increasing the economic incentives for plastic recycling and creating novel pathways to recycle new types of plastics.” According to BETO, investigators led by Dr. George W. Huber, a professor of chemical and biological engineering at...

The U.S. Food and Drug Administration (FDA) will hold a virtual 2023 NanoDay symposium on October 11, 2023, on the continuous manufacturing of nanomaterials. In the symposium, FDA will provide an overview of Center for Drug Evaluation and Research (CDER) experience with approving several solid oral drug products that benefited from the continuous manufacturing technologies. FDA states that it will also provide case studies of intramural and extramural research in the areas of nanomaterials and...

The U.S. Government Accountability Office (GAO) publicly released a report on September 27, 2023, entitled “Persistent Chemicals: Detecting, Limiting Exposure To, and Treating PFAS Contamination.” According to GAO, examples of how per- and polyfluoroalkyl substances (PFAS) enter the environment include: Manufacturing plants: Industrial processes can discharge PFAS-containing wastewater or emit PFAS into the air; Wastewater treatment plants: Effluent discharged from plants can contain PFAS;...

The U.S. Environmental Protection Agency (EPA) announced on September 21, 2023, that the Office of Compliance within the Office of Enforcement and Compliance Assurance has released an updated version of the Per- and Polyfluoroalkyl Substances (PFAS) Analytic Tools. The tools are hosted on EPA’s Enforcement and Compliance History Online (ECHO) website. EPA states that the data visualization tools enable users to evaluate what is known about PFAS manufacturing, releases, and occurrence in...

On August 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on the document entitled “White Paper: Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2 -- Supplemental Evaluation including Legacy Uses and Associated Disposals of Asbestos” (White Paper) and related charge questions. 88 Fed. Reg. 51309. EPA states that it will be soliciting comments from expert ad hoc reviewers on the...

The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced on September 12, 2023, that it awarded $18.6 million in funding for eight university and industry projects to develop biomass feedstocks to produce affordable biofuels and bioproducts that reduce greenhouse gas (GHG) emissions. According to BETO, the projects “will create good-paying jobs, support rural economies, and encourage participation of underserved communities, all while putting the United States on a...