Blogs

In fall 2020, the Swedish National Platform for Nanosafety (SweNanoSafe) organized three workshops on education within nanosafety, with the goal of starting and consolidating an education network.  The first workshop focused on the need for education in nanosafety, the second workshop was on available education on nanosafety in Sweden, and the third workshop discussed concrete opportunities to take various education efforts one step further.  On May 5, 2021, SweNanoSafe...

The Senate Committee on Environment and Public Works will hold a hearing on May 12, 2021, on several nominations, including that of Michal Freedhoff to be 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...

By Lynn L. Bergeson On May 12, 2021, from 3:30 p.m. to 5:00 p.m. (EDT), the European Commission (EC) Helpdesk will host a webinar on appropriate Intellectual Property (IP) rights for biotechnology inventions.  The 60-minute webinar will provide an overview of: Relevant IP rights; Product development IP context; IP specifics in biotechnology; IP portfolio development; and IP portfolio management. The webinar is free of charge, but registration is required.  Additional information...

By Lynn L. Bergeson   On April 28, 2021, University of York researchers announced the discovery of a new enzyme derived from a fungus called Parascedosporium putredinis NO1, that can act as a catalyst for a biochemical reaction that breaks down forestry and agricultural waste.  The research was done in collaboration with DOE’s Great Lakes Bioenergy Research Center and the University of Wisconsin.  This development, according to the University of York, could play a key...

By Lynn L. Bergeson On April 29, 2021, the U.S. Department of Energy (DOE), in partnership with nine National Laboratories, issued a report titled “Hybrid Energy Systems: Opportunities for Coordinated Research.” The report outlines opportunities for innovation through joint research and development (R&D) on hybrid energy systems.  According to DOE, these opportunities can drive the production of valuable chemicals, fuels, and products that are cost-efficient, increase...

On April 29, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “Biotransformation of nanomaterials while transferring in the food chain” by Dr. Fazel A. Monikh.  As the application of nanomaterials increases, more of these materials are released in the environment.  Monikh states that some nanomaterials that are persistent in the environment raise concerns as they can enter organisms’ bodies, accumulate in their organs, and...

By Lynn L. Bergeson On April 28, 2021, DOE issued a $22.5 million request for proposals (RFP) for projects that support recovery, recycling, and reuse of material waste generated by the manufacturing sector.  DOE EERE stated that “[p]rojects funded through this solicitation will develop technologies that reduce embodied energy and carbon emissions associated with the production and consumption of metals, polymers, fibers, and electronic waste, as well as identify training...

On April 29, 2021, the U.S. Environmental Protection Agency (EPA) announced the release of a list of 390 chemicals that it states are “expected to lose their confidential status and move to the public portion of the Toxic Substances Control Act (TSCA) Inventory, furthering the agency’s commitment to data transparency.”  According to EPA, the specific identities of these chemicals were reported as non-confidential during Chemical Data Reporting (CDR) cycles from the 2012, 2016, and/or...

On April 29, 2021, the U.S. Environmental Protection Agency (EPA) announced the release of a list of 390 chemicals that it states are “expected to lose their confidential status and move to the public portion of the Toxic Substances Control Act (TSCA) Inventory, furthering the agency’s commitment to data transparency.”  According to EPA, the specific identities of these chemicals were reported as non-confidential during Chemical Data Reporting (CDR) cycles from the...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 27, 2021, DOE’s Federal Energy Management Program (FEMP) issued a Federal Agency Call (FAC) titled “Assisting Federal Facilities with Energy Conservation Technologies (AFFECT 2021),” soliciting $13 million for new energy projects that will help federal facilities to improve the efficiency of their operations and reduce their carbon footprints.  These efforts come with the hope that DOE will...

The U.S. Environmental Protection Agency (EPA) announced on April 27, 2021, “important policy shifts in its review of new [per-and polyfluoroalkyl substances (PFAS)] before they can enter the market.”  According to EPA, although some new PFAS have been allowed to enter the market through low volume exemptions (LVE), EPA’s New Chemicals Program is implementing a new strategy for reviewing and managing LVE requests for PFAS.  EPA states that due to the scientific...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on April 28, 2021, announcing a 30-day comment period on the Toxic Substances Control Act (TSCA) Interagency Testing Committee’s (ITC) revisions to the Priority Testing List.  86 Fed. Reg. 22414.  In the 74th ITC Report, ITC revised the TSCA Section 4(e) Priority Testing List by adding the following 15 high-priority substances designated pursuant to TSCA Section 6(b) and 24 organohalogen...

On April 21, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemptions to the states of Georgia, Minnesota, and Utah permitting the use of BiaXamTM B110-V and BiaXamTM B110-P (BiaXam), adhesive film used as supplemental residual surface coating, in Delta Air Lines planes and facilities in those three states. According to the EPA Authorizations...

The U.S. Environmental Protection Agency (EPA) announced on April 19, 2021, that Univar Solutions USA, Inc. of Portland, Oregon, will pay a $165,000 penalty for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it failed to label properly its “Woodlife 111” pesticide, which is used as a wood preservative.  EPA notes that under FIFRA, “a pesticide is misbranded if, ‘the labeling accompanying it does not contain directions for use which are necessary … to...

SAVE THE DATENEW TSCA AT FIVEVirtual ConferenceJune 30, 2021 This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. The Environmental Law Institute (ELI),...

The Nanotechnology Industries Association (NIA) has published a March 2021 position paper, A changing regulatory landscape and language for the nanoscale, that examines the transition from “nanomaterial” to “nanoforms” to reflect better the differences in nanomaterial properties both in relation to bulk counterparts and to nanoforms of the same substance.  In the paper, NIA describes a transition phase where the language of nanoforms is used more widely and examples of nanoform...

On April 16, 2021, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) posted two preliminary opinions for comment:  Opinion on Gold (nano), Colloidal Gold (nano), Gold Thioethylamino Hyaluronic Acid (nano) and Acetyl heptapeptide-9 Colloidal gold (nano) and Opinion on Platinum (nano), Colloidal Platinum (nano) and Acetyl tetrapeptide-17 Colloidal Platinum (nano).  The EC asked SCCS whether the nanomaterials gold and colloidal gold, gold...

On March 31, 2021, the Product Stewardship Society (PSS) presented “Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times.” Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and PSS President, moderated a lively and informative discussion identifying the broad range of complex, unresolved, and evolving issues product stewards have faced and continue to face because of the pandemic. Presenters included: Al Iannuzzi, Ph.D., Vice...

The U.S. Consumer Product Safety Commission (CPSC) announced on April 12, 2021, that it will hold a public webinar on April 28, 2021, to receive information from interested parties about updates CPSC is making to www.SaferProducts.gov/Business for reports filed electronically under Section 15(b) of the Consumer Product Safety Act (CPSA).  86 Fed. Reg. 18966.  The presentation will focus on Section 15(b) reporting for the purposes of entering the Fast Track Recall...

On April 12, 2021, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on hydroxyapatite (nano).  The EC asked whether SCCS considers the nanomaterial hydroxyapatite safe when used in leave-on and rinse-off dermal and oral cosmetic products according to the maximum concentrations and specifications reported, taking into account reasonably foreseeable exposure conditions.  SCCS states that having considered the data provided, and...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. National Renewable Energy Laboratory (NREL) researchers are leading analyses of recycling, repairing, and reusing solar photovoltaic (PV) installations in support of NREL’s mission to incentivize a circular economy for energy materials.  According to NREL, the increase in the installation of PV systems is leading to environmental and supply chain concerns because the technology relies on imports and mining of raw...

On April 8, 2021, the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit information on the current pesticide exemption provision process.  86 Fed. Reg. 18232.  EPA announced its intent to issue this ANPR on January 19, 2021, as discussed here.  The issuance of the ANPR was paused following the Biden Administration’s Executive Orders requiring agencies to review their rules and policies to ensure...

On March 31, 2021, the U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use or Removal Order (SSURO) to ViaClean Technologies (ViaClean), operating in Philadelphia, regarding the sales, distribution, and marketing of the pesticide BioProtect RTU with claims that it is effective against surfaces from public health-related pathogens such as SARS-CoV-2, the virus that causes COVID-19. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), products that claim...

 The U.S. Environmental Protection Agency (EPA) announced on April 8, 2021, that it is releasing an updated toxicity assessment for perfluorobutane sulfonic acid (PFBS), which is a member of the group of per- and polyfluoroalkyl substances (PFAS).  EPA states that this PFBS assessment is part of its commitment to restore scientific integrity to all of the Agency’s actions and increase the amount of research and information available to the public on PFAS.  According to EPA’s...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 25, 2021, researchers from the University of Maryland Department (UMD) of Materials Science and Engineering (MSE) published, in Nature Sustainability, a study titled “A strong, biodegradable and recyclable lignocellulosic bioplastic.”  The study outlines UMD MSE’s new in situ lignin regeneration strategy that synthesizes a high-performance bioplastic from lignocellulosic resources such as...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 5, 2021, U.S. Senators Amy Klobuchar (D-MN) and Joni Ernst (R-IA), introduced a $500 million bill on biofuels infrastructure.  The bill, titled the Renewable Fuel Infrastructure Investment and Market Expansion Act, would create a grant program to aid fuel retailers in streamlining sales of fuels with higher ethanol blends.  These infrastructure grants would be available for five years.  Senator Klobuchar...

Registration is open for the U.S. National Nanotechnology Initiative’s (NNI) April 27, 2021, webinar on “What We Know about NanoEHS:  Environment.”  The webinar will feature experts from diverse disciplines to share their perspectives on key findings on the effects of engineered nanomaterials in the environment.  Elijah Petersen, Ph.D., Research Scientist, National Institute of Standards and Technology (NIST), will moderate the panel, which will include: Jorge...

  SAVE THE DATE NEW TSCA AT FIVE Virtual Conference June 30, 2021   This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. The Environmental Law Institute (ELI), the...

The International Organization for Standardization (ISO) published a news item on April 1, 2021, entitled “The Science of Tiny Little Things.”  According to the item, ISO has recently made some revisions and updates to its comprehensive 13-part series of International Standards for nanotechnology.  Updated standards include ISO/TS 80004-3, Nanotechnologies – Vocabulary – Part 3:  Carbon nano-objects, which defines terms and concepts for carbon...

The U.S. Environmental Protection Agency (EPA) announced on April 1, 2021, that it is extending the public comment period for a manufacturer-requested risk evaluation of octahydro-tetramethyl-naphthalenyl-ethanone (OTNE), a category of chemical substances consisting of four inseparable individual isomers.  As reported in our February 18, 2021, blog item, EPA notes that two chemicals in the OTNE category are considered persistent, bioaccumulative, and toxic (PBT)...

From June 14 through 18, 2021, the American Chemical Society Green Chemistry Institute (ACS GCI) will host its annual Green Chemistry & Engineering Conference. Fully virtual this year, the conference will include live sessions and poster presentations focused on green and sustainable chemistry and engineering under the 2021 theme of Sustainable Production to Advance the Circular Economy. Registration is now open via this link.

By Lynn L. Bergeson On April 8, 2021, from 12:00 to 1:30 p.m. (EDT), the Environmental Law Institute (ELI), in partnership with BioCycle and the American Biogas Council, will host a webinar titled “Food Scrap Recycling: Opportunities and Realities of Anaerobic Digestion.” The webinar will focus on anaerobic digestion and its ability to create biogas and digestate that can be used as renewable energy products. Registration is required via this link.

By Lynn L. Bergeson Under Canada’s New Substances Fees Regulations, fees must be provided with each New Substance Notification (NSN) package submitted under the New Substance Notification Regulations (Chemicals and Polymers). The amount of the fee is dependent on the annual sales in Canada for the notifier, the specific Schedule being submitted, and other services being requested (e.g., confidential search on the Domestic Substances List (DSL) or Non-Domestic Substances List (NDSL) or...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 10, 2021, DOE EERE issued notices of intent (NOIs) for three sustainable transportation technologies funding opportunity announcements (FOAs). Expected in Spring 2021, these FOAs will focus on innovative research, development, demonstration, and deployment (RDD&D) of technologies that will reduce greenhouse gas (GHG) emissions across the transportation sector. Of particular interest is DOE EERE’s NOI for an FOA...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. DOE EERE announced on March 22, 2021, awards totaling $27.5 million for 16 water infrastructure and treatment projects. Spanning 13 states, each project will focus on bringing new water and wastewater-treatment technologies from the applied R&D stage into the market. According to DOE, increasing numbers of utilities responsible for clean water have shifted from strict wastewater treatment models to a broader model of...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 31, 2021, the U.S. Department of Energy (DOE) Office of Energy Efficiency & Renewable Energy (EERE) announced a new request for proposals (RFP) and $4 million in selections for projects aimed at accelerating the adoption of Smart Manufacturing practices. In support of the Biden Administration’s efforts to encourage innovation and reduce the carbon footprint of the manufacturing sector, the new $2 million RFP...

By  Lynn L. Bergeson On April 1, 2021, the U.S. Environmental Protection Agency (EPA) issued its final modifications of certain compliance dates under the Renewable Fuel Standard (RFS) program. The final rule extends the RFS compliance deadline for the 2019 and 2020 compliance years and its associated deadlines for submission of attest engagement reports for the 2019 and 2020 compliance years for small refineries. The new 2019 compliance year and attest engagement report deadlines are now...

This week's All Things Chemical™ Podcast will be of interest to readers of the TSCAblog™. A brief description of the episode written by Lynn L. Bergeson is below. This week I sat down with Karin Baron, Senior Regulatory Consultant to B&C and our affiliated consultancy, The Acta Group, to discuss the European Union’s (EU) Commission Regulation issued last June relating to the completion of safety data sheets (SDS).  As listeners know, SDSs are critically important commercial...

The European Commission (EC) has requested a scientific opinion from the Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) on the safety of titanium dioxide in toys with regard to a possible derogation from its prohibition.  The Toy Safety Directive 2009/48/EC prohibits the use of substances in toys if those substances are classified as carcinogenic, mutagenic, or toxic for reproduction (CMR).  The use of such substances may be permitted under certain...

The Society of Toxicology (SOT) in conjunction with the U.S. Food and Drug Administration (FDA) Center for Food Safety and Applied Nutrition (CFSAN) have partnered to provide a colloquia series on Emerging Toxicological Science:  Challenges in Food and Ingredient Safety.  The colloquia will present scientific information that is high-quality, cutting-edge, future-oriented toxicological science and is intended to provide a well-grounded foundation to inform the work of FDA...

The U.S. Environmental Protection Agency (EPA) announced on March 29, 2021, that it is evaluating its policies, guidance, templates, and regulations under the Toxic Substances Control Act (TSCA) new chemicals program to ensure they “adhere to statutory requirements,” the Biden-Harris Administration’s executive orders, and other directives.  EPA identified several instances where its approach for making determinations and managing risks associated with new chemicals can,...

NanoHarmony held a webinar on March 17, 2021, on “Identification and solving barriers for translating science to regulation and standards.”  According to NanoHarmony, the webinar focused on helping to identify the obstacles faced by stakeholders in developing new test methods and having them introduced as new test guidelines and guidance documents.  A recording of the webinar is now available online, as well as the following slides: Claus Svendsen, CEH, welcome and...

March 31, 20211:30 p.m. - 3:00 p.m. EDTRegister here The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management. This complimentary future-focused webinar, hosted by the Product Stewardship...

March 31, 2021 1:30 p.m. - 3:00 p.m. EDT Register here The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management. This complimentary future-focused webinar, hosted by the Product Stewardship...

On March 19, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “ECETOC task force ensures society benefits from safe nanomaterials via efficient safety assessments that require minimal animal testing” by authors from BASF and the Center for Chemical Safety Assessment (ECETOC).  The column reviews ways to assess the safety of nanomaterials while minimizing animal testing.  According to the authors, the NanoApp developed by the ECETOC...

The U.S. Environmental Protection Agency (EPA) announced on March 23, 2021, that it is now accepting nominations for the 2021 Safer Choice Partner of the Year Awards.  According to a Federal Register notice scheduled for publication on March 24, 2021, the awards will recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection, and use of products with safer chemicals that further...

On March 17, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of the final guidance document entitled "Guidance for Waiving Acute Dermal Toxicity Tests for Pesticide Technical Chemicals & Supporting Retrospective Analysis" (EPA 705-G-2020-3722; Docket ID: EPA-HQ-OPP-2016-0093) that expands the potential for data waivers for acute dermal studies to single technical active ingredients (AI) used to formulate end-use products. This new guidance builds upon...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on March 19, 2021, that it is looking for topic suggestions that could be addressed in its upcoming studies.  According to EUON, up to three studies are conducted annually to address knowledge gaps on nanomaterials that are of interest to the general public and the research community.  EUON states that it seeks studies that address: Questions relating to the health and safety of nanomaterials, including...

The House Science, Space, and Technology Subcommittee on Investigations and Oversight held a hearing on March 17, 2021, on “Brain Drain:  Rebuilding the Federal Scientific Workforce.”  The Subcommittee heard from the following witnesses: Ms. Candice Wright, Acting Director, Science, Technology Assessment, and Analytics, U.S. Government Accountability Office (GAO);  Mr. Max Stier, President and Chief Executive Officer (CEO), Partnership for Public Service;  Dr. Andrew...

On March 3, 2021, the Farmworker Association of Florida, Environmental Working Group, and Center for Biological Diversity petitioned the U.S. Court of Appeals for the District of Columbia Circuit for review of the U.S. Environmental Protection Agency’s (EPA) order registering the use of the pesticide aldicarb on oranges and grapefruit in Florida as set forth in: EPA’s January 12, 2021, “Registration Decision for the Uses on Oranges and Grapefruit in Florida, Aldicarb”;...