The European Commission’s (EC) Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) announced the release of its final opinion on the safety of titanium dioxide in toys on June 27, 2023. Following the mandate from the EC, the scientific opinion evaluates whether the uses of pigmentary titanium dioxide in toys and toy materials can be considered to be safe in light of the exposure identified and in light of the classification of titanium dioxide...
July 3, 2023
OSTP Announces New Action Plan to Bolster, Expand, and Diversify the Biotechnology and Biomanufactur
By Lynn L. Bergeson and Carla N. Hutton On June 27, 2023, the Office of Science and Technology Policy (OSTP) announced the release of a new action plan intended to “rapidly and equitably expand biotechnology and biomanufacturing education and job training programs in the United States.” According to OSTP, biomanufacturing “is a critical aspect of advanced manufacturing that can drive new, sustainable alternatives across industries” and “can unlock new...
June 30, 2023
Biden Administration Announces Funding for Homegrown Biofuels under Inflation Reduction Act
By Lynn L. Bergeson and Carla N. Hutton The U.S. Department of Agriculture announced on June 26, 2023, that it plans to invest up to $500 million from President Biden’s Inflation Reduction Act to increase the availability of domestic biofuels and “give Americans additional cleaner fuel options at the pump.” USDA notes that in December 2022, it made available $50 million in Inflation Reduction Act funding to expand the use and availability of higher-blend...
June 29, 2023
EPA Requests Comments for Implementation of PRIA 5 Bilingual Labeling Requirements for Agricultural Pesticides
On June 20, 2023, the U.S. Environmental Protection Agency (EPA) announced that it is seeking input from stakeholders on ways to make bilingual pesticide labeling accessible to farmworkers and to implement a plan to ensure that farmworkers have access to the bilingual pesticide labeling by December 2025, as required by the Pesticide Registration Improvement Act of 2022 (PRIA 5). 88 Fed. Reg. 39845. PRIA 5 requires EPA to begin to seek stakeholder input on ways to make...
June 28, 2023
Registration Now Open for “Preparing a PFAS Game Plan in the U.S., the UK, and the EU” Webinar
10:00 a.m. – 11:00 a.m. (EDT)4:00 p.m. – 5:00 p.m. (CEST) REGISTER NOW Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of these global legal developments and take steps now to minimize legal, regulatory, and commercial risk. In the United States and globally, the number...
By Lynn L. Bergeson and Carla N. Hutton On June 21, 2023, the U.S. Environmental Protection Agency (EPA) announced a final rule under the Renewable Fuel Standard (RFS) program that will establish the biofuel volume requirements from 2023 to 2025. According to EPA, the final rule “builds on the RFS program’s progress over the previous two years and reflects the Biden-Harris Administration’s commitment to strengthen the nation’s energy independence, advance...
June 27, 2023
EPA Requests Nominations for Experts to Review White Paper to Be Used in the Risk Evaluation for Asbestos Part 2 under TSCA
On June 22, 2023, the U.S. Environmental Protection Agency (EPA) called for public nominations of scientific and technical experts to review the “2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2.” 88 Fed. Reg. 40819. EPA states that it will release the white paper for public review and comment in late July 2023 and subsequently submit it for letter peer review. EPA currently anticipates selecting approximately ten...
June 26, 2023
EPA Implements Statutory Addition of Certain PFAS to TRI Beginning with Reporting Year 2023
On June 23, 2023, the U.S. Environmental Protection Agency (EPA) updated the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 88 Fed. Reg. 41035. Specifically, EPA updated the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) enacted on December 20,...
On June 22, 2023, the U.S. Environmental Protection Agency (EPA) announced that the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is from June 1, 2024, to September 30, 2024. 88 Fed. Reg. 40816. The CDR rule requires manufacturers (including importers) of chemical substances on the TSCA Inventory above an applicable regulatory threshold to report to EPA, every four years, information concerning the manufacturing,...
The Senate Committee on Environment and Public Works announced on June 22, 2023, that Senators Tom Carper (D-DE), Chair of the Committee, and Shelley Moore Capito (R-WV), Ranking Member of the Committee, have released draft per- and polyfluoroalkyl substances (PFAS) legislation for stakeholder comment. According to the press release, the bipartisan package seeks to improve the mitigation and remediation of PFAS contamination. The Committee seeks stakeholder comments on the...
The Maine Department of Environmental Protection (MDEP) has updated its frequently asked questions (FAQ) regarding per- and polyfluoroalkyl substances (PFAS) in products to reflect LD 217, “An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances” (Act). MDEP states that the Act has extended the implementation date for product reporting, requiring manufacturers of products with intentionally added PFAS to report the intentionally added...
June 19, 2023
EPA Announces Release of Guidance for the Evaluation of Products for Claims against Viruses
On July 17, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of draft guidance for the evaluation of products for claims against viruses. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products. This draft guidance reiterates recommended test methods and regulatory guidance for the addition of virucidal claims to products that meet the criteria for hard surface disinfection claims...
The U.S. Environmental Protection Agency (EPA) announced on June 15, 2023, that it will issue proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemicals made from plastic waste-derived feedstocks. According to EPA, the proposed SNURs would require notification to and review by EPA before these fuels could be made using plastic waste-derived feedstocks that contain impurities like per- and polyfluoroalkyl substances (PFAS), heavy metals, dioxins,...
June 15, 2023
EPA Accepting Comments on Candidates to Be Ad Hoc Reviewers for Draft Supplement to 1,4-Dioxane Risk Evaluation under TSCA
The U.S. Environmental Protection Agency (EPA) announced on June 14, 2023, that it is accepting public comments on candidates under consideration for selection as ad hoc reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its review of the 2023 draft supplement to the 1,4-dioxane risk evaluation under the Toxic Substances Control Act (TSCA). EPA states that after it published the final risk evaluation for 1,4-dioxane in December 2020, it determined a supplement was...
Under H.F. 2310, signed into law by Governor Tim Walz (D) as part of the One Minnesota Budget on May 24, 2023, on or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in Minnesota that contains intentionally added per- and polyfluoroalkyl substances (PFAS) must submit to the Minnesota Pollution Control Agency (MPCA) information that includes: A person may not sell, offer for sale, or distribute for sale in Minnesota a product...
8:00 a.m. – 5:30 p.m. EDTJune 29, 2023 REGISTER NOW The full program, including session details and confirmed speakers for the 7th annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform — Seven Years Later,” is detailed below. This timely and essential day-long virtual conference will provide updates on risk evaluation, risk management, new chemical review, per- and polyfluoroalkyl substances (PFAS), and more. Bergeson & Campbell, P.C. (B&C®), the...
According to NNI, the roundtable is a critical part of the Nano4EARTH National Nanotechnology Challenge, which aims to leverage recent investments in understanding and controlling matter at the nanoscale to develop technologies and industries that address climate change. Nano4EARTH focuses on facilitating opportunities for members of the nanotechnology community to convene, collaborate, and share resources. Nano4EARTH also strives to provide mechanisms that support technology development and...
On May 18, 2023, Senator Alex Padilla (D-CA) and Representative Zoe Lofgren (D-CA) introduced the Supercomputing for Safer Chemicals (SUPERSAFE) Act (S. 1685, H.R. 3457). According to Padilla’s May 18, 2023, press release, the legislation would establish a SUPERSAFE Consortium led by the U.S. Environmental Protection Agency (EPA) “to identify chemicals that are safe to use in commerce through science-backed decision making.” The press release states that the bill would direct the use...
On June 8, 2023, the California Department of Pesticide Regulation (DPR) issued Notice 2023-07: Pesticide Registration Program Annual Processing Timelines. Under Notice 2023-07, DPR sets forth its annual report summarizing the past five years of registration and post-registration activities. This includes the number of pesticide product registration and amendment submissions received and processed, and average number of days to complete different types of registration submissions are also...
The Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight will hold a hearing on June 15, 2023, on “Impacts of Plastic Production and Disposal on Environmental Justice Communities.” Originally scheduled for April 27, 2023, witnesses will include: On May 2, 2023, EPA announced the release of a Draft National Strategy to Prevent Plastic Pollution. EPA identified three key objectives for the...