January 2, 2025

APHIS Restarts Permitting and “Am I Regulated” Processes for Products of Biotechnology

As reported in our December 5, 2024, blog item, on December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020,...
December 31, 2024

NGOs Appeal Dismissal of Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 26, 2024, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed notice in the U.S. District Court for the District of Columbia that they are appealing the court’s December 11, 2024, decision dismissing their suit to the U.S. Court of Appeals for the District of Columbia Circuit. As reported in our December 17, 2024, blog item, the court dismissed a suit filed against the U.S. Environmental Protection Agency...
December 31, 2024

DOE Announces Intent to Fund R&D to Advance Biofuels and Bioproducts

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on December 16, 2024, its intent to fund research and development (R&D) projects in two priority areas, sustainable propane and renewable chemicals, and algal system cultivation and preprocessing: The SPARC and MASY funding opportunities support government-wide targets of DOE’s Clean Fuels and Products ShotTM and Sustainable Aviation Fuel Grand Challenge. They also align with BETO’s strategic goals to...
December 31, 2024

NNI Releases 2024 NanoEHS Research Strategy Update

On December 18, 2024, the National Nanotechnology Initiative (NNI) announced the availability of the National Nanotechnology Initiative Environmental, Health, and Safety Research Strategy: 2024 Update. Prepared by the Nanotechnology Environmental and Health Implications (NEHI) Working Group within the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the National Science and Technology Council, the 2024 update builds on the initial 2011 strategy, laying out a comprehensive,...
December 23, 2024

USDA Issues Streamlined Regulation for Biobased Markets (BioPreferred) Program

The Rural Business-Cooperative Service (RBCS), an agency of the Rural Development mission area within the U.S. Department of Agriculture (USDA), issued a final rule on December 9, 2024, that adopts changes from the Agriculture Improvement Act of 2018 (2018 Farm Bill) that apply to the Biobased Markets (BioPreferred) Program. 89 Fed. Reg. 97459. RBCS notes that these changes include the merger of the Guidelines for Designating Biobased Products for Federal Procurement and the Voluntary Labeling...
December 23, 2024

ECHA Publishes Second Interim Evaluation of EUON

The European Union (EU) Observatory for Nanomaterials (EUON) announced on December 4, 2024, the availability of the European Chemical Agency’s (ECHA) Second interim evaluation of the European Union Observatory for Nanomaterials (EUON). Prepared by WSP acting as a third-party evaluator, the interim evaluation assesses EUON against six criteria: effectiveness; efficiency (including economy and proportionality); relevance; coherence; EU-added value; and utility. WSP’s recommendations include:...
December 19, 2024

WEBINAR — What to Expect When You Don’t Know What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2025, January 14, 2025, 11:00 a.m. – 12:00 p.m. (EST)

Register now to join Bergeson & Campbell, P.C. (B&C®) for “What to Expect When You Don’t Know What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2025,” a complimentary webinar offering our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2025. The return of President-elect Trump for a second term instantly raises important questions: will the Senate defer some of its traditional roles as a...
December 17, 2024

EPA Updates Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing

The U.S. Environmental Protection Agency (EPA) announced on December 5, 2024, that it published updates to its Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations). EPA notes that this is the first time in almost ten years that it has comprehensively evaluated private-sector standards and ecolabels and expanded the Recommendations. According to EPA, the Recommendations “help buyers cut through the clutter to identify thousands of products and...
December 17, 2024

District Court Dismisses Suit Seeking TSCA Section 6 Rule Prohibiting Production of PFOA during Fluorination of Plastic Containers

On December 11, 2024, the U.S. District Court for the District of Columbia dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) 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. Public Employees for Environmental Responsibility (PEER) v. Regan (No. 2024-2194). As reported in our July 30, 2024, blog item, PEER and the...
December 16, 2024

EPA Issues Final SNURs for Multi-Walled Carbon Nanotubes (Generic) (P-21-216 and P-21-217)

On December 12, 2024, the U.S. Environmental Protection Agency (EPA) issued several final significant new use rules (SNUR) for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 100361. Two of the SNURs are for substances identified generically as multi-walled carbon nanotubes (PMN P-21-216 and PMN P-21-217). The SNURs require persons who...
December 13, 2024

OPPT Deputy Director Mark Hartman Will Become Director of FDA’s Office of Food Chemical Safety, Dietary Supplements, and Innovation

Mark Hartman, the highly respected Deputy Director for Programs in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), will become Director of the U.S. Food and Drug Administration’s (FDA) Office of Food Chemical Safety, Dietary Supplements, and Innovation (OFCSDSI) in its newly formed Human Foods Program (HFP). According to FDA’s website, OFCSDSI “uses a risk-based approach to food chemical safety and dietary supplement policy and...
December 13, 2024

EPA Announces the Issuance of First Voucher to Incentivize the Development of Novel Mosquito Control Products

On December 6, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its first voucher under its Vector Expedited Review Voucher (VERV) Program as a result of a recent approval by EPA of a new active ingredient, Wolbachia pipientis wAlbB strain. The VERV Program, which is required by the Pesticide Registration Improvement Act of 2022 (PRIA 5) and announced in December 2023, was developed in response to ongoing challenges with mosquito control...
December 11, 2024

EPA Announces Proposed Rule to Revoke Most Food Uses of the Insecticide Chlorpyrifos

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain registered. 89 Fed. Reg. 99184. EPA is taking this action in response to a decision by the U.S. Court of Appeals for the Eighth Circuit. Comments on the proposed rule are due on or before February 10, 2025. Comments can be...
December 6, 2024

Final Election Results; Slim Majorities Will Test Republican Unity in the 119th Congress

While Election Day was November 5, 2024, the final results of the races for Congress were announced on Tuesday, December 3, 2024. Representative-elect Adam Gray (D-CA) narrowly defeated Representative John Duarte (R-CA), resulting in one of the smallest margins in history (220-215) to begin the 119th Congress on January 3, 2025. That narrow margin will shrink by three seats in several steps beginning January 3, 2025. Former-Representative Matt Gaetz (R-FL) resigned from the 118th Congress...
December 6, 2024

EPA Proposes to Update Proposed SNURs for 17 PFAS, Designating Manufacture (Including Import) as a Significant New Use

On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...
December 6, 2024

EPA Releases Proposed Guidance for Antimicrobial Pesticides that Require Endangered Species Act Reviews

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...
December 6, 2024

CRS Updates Report on Gene-Edited Plants: Regulation and Issues for Congress

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...
December 5, 2024

District Court Approves Consent Decrees Establishing Deadlines for Completing TSCA Risk Evaluations

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...
December 5, 2024

District Court Grants Summary Judgment in Part to Plaintiffs, Vacating and Remanding Final SECURE Rule to USDA

On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...
December 4, 2024

Petitions Filed to Add Several Chemicals to List of Taxable Substances; Comments Due January 28, 2025

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need to Know to Comply,” and our May 19, 2022, memorandum, “Reinstated Superfund...