Blogs

On January 4, 2024, the Washington Department of Ecology (WDOE) submitted a petition to the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. WDOE states that its research found that when PCBs are found in consumer products, “they are byproducts known to be associated with pigments, paints, or inks used in the manufacturing...

The Minnesota Pollution Control Agency (MPCA) has published a request for comments (RFC) on planned new rules governing currently unavoidable use (CUU) determinations for products containing per- and polyfluoroalkyl substances (PFAS). According to the RFC, the main purpose of the rulemaking is to establish criteria and processes through which MPCA will make decisions on what uses of intentionally added PFAS will qualify as CUUs in products sold, offered for sale, or distributed in Minnesota. Any...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 25, 2024, on its October 2023 per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity,...

Nano4EARTH will hold a roundtable discussion on January 24, 2024, on nanotechnology-enabled catalysts that could help achieve climate goals. The discussion aims to identify fundamental knowledge gaps, needs, and opportunities to advance current climate mitigation goals through the use of nanocatalysts in industrial processes. According to the National Nanotechnology Initiative (NNI), by convening stakeholders from different sectors, backgrounds, and expertise, the goal of the roundtable “is to...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 18, 2024, from 2:00 p.m. to 4:00 p.m. (EST) for an informational webinar to preview the 2024 Chemical Data Reporting (CDR) tool and learn how to sign up for and participate in the testing period before the tool is formally launched. Under the CDR rule, manufacturers (including importers) of chemicals listed on the Toxic Substances Control Act (TSCA) Inventory that meet specific production...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year 2024. The January 16, 2024, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is fast approaching. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3...

In 2021, Maine enacted “An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution.” Under the statute, beginning January 1, 2030, any product containing intentionally added PFAS may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). According to MDEP’s website, CUU determinations must be made through major substantive rulemaking, meaning that...

The Malta Initiative is conducting a survey to collect input on priorities where the Organization for Economic Cooperation and Development (OECD) Test Guidelines (TG) and Guidance Documents (GD) need actions to make them applicable to nanomaterials and other advanced materials. The survey includes a preliminary list of suggested topics. Respondents can choose specific topics upon which to comment. The survey will close January 12, 2024. According to the NanoSafety Cluster (NSC), the Malta...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on December 20, 2023, that it released a summary report following its June 8-9, 2023, Workshop: Transitioning to a Sustainable, Circular Economy for Plastics. The workshop, hosted by BETO in partnership with DOE’s Advanced Materials and Manufacturing Technologies Office and the Climate Pledge coalition, brought together stakeholders from industry, academia, national laboratories, and non-profit organizations...

On December 28, 2023, the U.S. Environmental Protection Agency (EPA) released comments from the letter peer review for its 2023 white paper presenting EPA’s quantitative approach for the human health risk assessment for part 2 of the Toxic Substances Control Act (TSCA) risk evaluation for asbestos. EPA notes in its December 28, 2023, press release that under the previous Administration, it narrowed the scope of the asbestos risk evaluation by reviewing only ongoing uses and...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are delighted to share with you our Forecast 2024. This carefully curated document represents our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. Given the...

On December 14, 2023, the Treasury Department and the Internal Revenue Service (IRS) issued Notice 2024-06 for the new Sustainable Aviation Fuel (SAF) credit created by the Inflation Reduction Act of 2022 (IRA). According to the IRS’s December 15, 2023, press release, the SAF credit applies to a qualified fuel mixture containing SAF for certain sales or uses in calendar years 2023 and 2024. The SAF credit is $1.25 for each gallon of SAF in...

On January 3, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “Looking to the Past and the Future of NIOSH Nanotechnology Guidance.” As the NIOSH Nanotechnology Research Center (NTRC) celebrates its 20th anniversary, it is looking back over two decades of published guidance to help reduce worker exposures to engineered nanomaterials and discussing the needs for future research efforts. The NTRC Strategic Plan NIOSH published...

The Organization for Economic Cooperation and Development (OECD) has published a draft report entitled Draft Report on Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs): Hazard Profile. OECD intends the draft report to complement its 2022 report, Per- and Polyfluoroalkyl Substances and Alternatives in Coatings, Paints and Varnishes (CPVs), by compiling information on the hazard profile of the fluoropolymers, short-chain PFAS, and non-fluorinated...

As reported in our November 16, 2023, blog item, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) proposed on November 15, 2023, five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. 88 Fed. Reg. 78285. Comments were due December 15,...

The White House Office of Science and Technology Policy (OSTP) published on December 20, 2023, a report on Vision, Needs, and Proposed Actions for Data for the Bioeconomy Initiative. As reported in our September 13, 2022, blog item, on September 12, 2022, President Joseph Biden signed an Executive Order creating a National Biotechnology and Biomanufacturing Initiative that establishes a Data for the Bioeconomy Initiative (Data Initiative) to ensure that biotechnology developers have streamlined...

The U.S. Environmental Protection Agency (EPA) announced on December 22, 2023, that it has registered biopesticide products containing the new active ingredient Ledprona for three years, “a timeframe that is consistent with EPA’s approach to other novel biopesticide products.” Ledprona is a new type of pesticide that relies on a natural mechanism, RNA interference (RNAi), used by plants and insects to protect against disease. As reported in our October 12, 2023, blog item, Ledprona is...

On December 18, 2023, the U.S. Environmental Protection Agency (EPA) issued final significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for a number of chemical substances that were the subject of premanufacture notices (PMN) and are also subject to Orders issued by EPA pursuant to TSCA. 88 Fed. Reg. 87346. The SNURs include four chemical substances identified as: Significant new uses include manufacturing the substance with a maximum weight percentage of...

On December 5, 2023, the National Nanotechnology Initiative (NNI) released a report analyzing the economic impact of federal investment in nanotechnology from 2002 to 2022. The report states that NNI selected this timeframe because it was codified by the 21st Century Nanotechnology Research and Development Act in 2003, and thus the range covers its entire existence. The report examines the impact of public investment, growth and trends of the market, and the evolving understanding and...

The U.S. Postal Service (Postal Service) published a proposed rule on December 15, 2023, that would amend Publication 52, Hazardous, Restricted, and Perishable Mail (Pub 52), by requiring specific outer packaging strength standards when mailing hazardous materials (HAZMAT) or dangerous goods (DG) and remove quantity restrictions for nonregulated toxic materials. 88 Fed. Reg. 86868. The Postal Service proposes to allow mailers to use poly or padded bags as outer packaging for shipments containing...

The National Nanotechnology Coordination Office (NNCO) is organizing a series of National Nanotechnology Initiative (NNI) webinars on nanometrology, metrological challenges, and recent advances in three topical areas: food, agriculture, and environment; nanoscale medical and pharmaceutical products; and electronics. Registration is open for the first webinar in the series, An Introduction to Nanometrology: History, State-of-the-Art, and Philosophy, which will be held January 5, 2024, at 12:00...

On December 6, 2023, a group of Republican Representatives sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Michael S. Regan regarding EPA’s risk evaluation of existing chemicals under the Toxic Substances Control Act (TSCA). According to the letter, the Representatives are “concerned that the EPA is using TSCA section 6 in a way that both subverts and supplants the statutory responsibilities of the Occupational Safety and Health Administration (OSHA).” The letter...

On December 5, 2023, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) began a public consultation on its preliminary opinion on titanium dioxide. Comments on the preliminary opinion are due February 6, 2024. The preliminary opinion includes the following questions from the EC and SCCS’s conclusions: Q: In light of the European Food Safety Authority’s (EFSA) opinion on genotoxicity concerns for E171, does SCCS consider titanium dioxide safe in oral cosmetic...

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2023, that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created in the production of its fluorinated high-density polyethylene [high-density polyethylene (HDPE)] plastic containers.” EPA states that in December 2022, Inhance submitted significant new use notices (SNUN) for nine long-chain PFAS. According to EPA, “[u]pon review of...

On November 14, 2023, Representatives Nikki Budzinski (D-IL) and Zach Nunn (R-IA) introduced bipartisan legislation that would increase biofuel production and reduce energy costs. The Agricultural Biorefinery Innovation and Opportunity (Ag BIO) Act (H.R. 6413) would increase funding for grants to support innovation in the biofuels and bioproducts industry. The U.S. Department of Agriculture’s (USDA) Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance program offers...

The White House Office of Science and Technology Policy (OSTP) and the National Nanotechnology Coordination Office (NNCO) announced on December 4, 2023, a series of events to drive U.S. leadership in nanotechnology, in celebration of the 20-year anniversary of the 21st Century Nanotechnology Research and Development Act. The announcement notes that for the past two decades, the National Nanotechnology Initiative (NNI) “has worked with more than 20 departments and agencies to advance a vision...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) “advis[ed] the public” on December 1, 2023, of its determination that DP23211 maize (corn) that has been developed using genetic engineering for insect resistance to western corn rootworm and contains the gene that codes for the phosphinothricin acetyltransferase protein responsible for tolerance to glufosinate-ammonium herbicides, as well as the gene that encodes for the phosphomannose isomerase...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on November 27, 2023, that a machine learning tool developed by the National Renewable Energy Laboratory (NREL), with support from BETO, makes it easier for material scientists to “mak[e] polymers more sustainable and higher performing — especially with the reliance on petrochemicals for making plastics.” According to BETO, using artificial intelligence (AI), PolyID: Polymer Inverse Design™ “can...

The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on November 29, 2023, updating the National Bioengineered Food Disclosure Standard’s (the Standard) List of Bioengineered (BE) Foods (the List) by adding “sugarcane (Bt insect-resistant varieties)” and amending “squash (summer)” to “squash (summer, coat protein-mediated virus-resistant varieties).” 88 Fed. Reg. 83305. AMS states that in updating the List, “this final rule...

The Nanotechnology Industries Association (NIA) will hold its 2023 Symposium on December 5, 2023. Open to the public, the agenda for the Symposium includes: Registration is open. Bergeson & Campbell, P.C. is a proud member of NIA....

Under a November 20, 2023, final order of the U.S. Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB), Ultium Cells LLC (Ultium) and General Motors Company (GM) have entered into a consent agreement with EPA concerning alleged violations of Section 5(a)(1) of the Toxic Substances Control Act (TSCA). According to the consent agreement, the respondents voluntarily disclosed to EPA that three chemical substances were manufactured (imported) “a number of times between...

On November 20, 2023, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced that the EC requested that it carry out a safety assessment on hydroxyapatite (nano) in view of new information provided. As reported in our March 24, 2023, blog item, according to SCCS’s March 2023 final opinion on hydroxyapatite (nano), based on the data provided, SCCS considers hydroxyapatite (nano) safe when used at concentrations up to ten percent in toothpaste, and...

The U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued on November 15, 2023, its report on EPA’s fiscal year (FY) 2024 top management challenges. OIG states that the report “summarizes what the inspector general considers to be ‘the most serious management and performance challenges facing the agency’” for FY 2024 and briefly assesses EPA’s progress in addressing those challenges. According to OIG, the management challenges include “Safeguarding...

On November 14, 2023, the Pesticide Registration Improvement Act (PRIA) Coalition hosted a webinar for the U.S. Environmental Protection Agency (EPA) to provide an overview of the process improvement to release Data Evaluation Records (DER) to the registrant with the final registration decision, as mandated under the Pesticide Registration Improvement Act of 2022 (PRIA 5). PRIA 5 requires EPA to release to the applicant at the decision review time the complete DERs for studies submitted...

Elissa Reaves, Ph.D., who is currently Director of the Pesticide Re-Evaluation Division in the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP), will become the new Director of the Office of Pollution Prevention and Toxics (OPPT), replacing Denise Keehner. Keehner left her position as Assistant Secretary of the Maryland Department of the Environment to return to EPA in April 2022 as OPPT Director. Keehner previously worked in a variety of EPA offices, including...

NanoHarmony announced on November 10, 2023, the release of the NanoHarmony OECD TG/GD Process Mentor, an interactive web-based tool to guide stakeholders through the development process of Organization for Economic Cooperation and Development (OECD) Test Guidelines (TG) and Guidance Documents (GD). NanoHarmony states that it developed the NanoHarmony OECD TG/GD Process Mentor to highlight the involvement of key institutions in the OECD Test Guidelines Programme, and their incentives to take part...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) proposed on November 15, 2023, five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. 88 Fed. Reg. 78285. According to APHIS’s November 14, 2023, press release, the proposed exemptions...

The U.S. Tire Manufacturers Association (USTMA) announced on November 14, 2023, that it will partner with the U.S. Geological Survey (USGS) on a research project “to assess and refine methods of evaluating potential alternatives to [N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD)] for use in tires.” As reported in our November 3, 2023, blog item, the U.S. Environmental Protection Agency (EPA) has granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA)...

On November 2, 2023, the Eighth Circuit Court of Appeals (Eighth Circuit) issued its decision in Red River Valley Sugarbeet Growers Ass’n v. Regan, No. 22-1422 (8th Cir. 2023) regarding the use of the pesticide chlorpyrifos on food crops (Decision). The court concluded that the U.S. Environmental Protection Agency’s (EPA) August 2021 revocation of all food tolerances for chlorpyrifos was arbitrary and capricious, and remanded the matter back to EPA for further review. Chlorpyrifos was...

On November 8, 2023, the National Institute for Occupational Safety and Health (NIOSH) published a report entitled Approaches to safe 3D printing: a guide for makerspace users, schools, libraries, and small businesses. According to NIOSH, use of three-dimensional (3D) printing technology is becoming a prominent part of the modern world. NIOSH notes that some 3D printer users have expressed concerns about potential exposures to ultrafine particles, chemicals, and safety hazards, however. NIOSH...

On November 13, 2023, the U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Food and Drug Administration (FDA) posted the following documents on the Unified Website for Biotechnology Regulation: As reported in our September 13, 2022, blog item, on September 12, 2022, President Joseph Biden signed an Executive Order creating a National Biotechnology and Biomanufacturing Initiative to accelerate biotechnology innovation and grow America’s...

The Biden Administration announced on November 9, 2023, that the Office of Information and Regulatory Affairs (OIRA) issued final revisions to Circular A-4, the government-wide guidance on regulatory analysis. Issued in 2003, Circular A-4 has been updated to help agencies more accurately estimate the impacts of their regulations and, according to the press release, “thereby enable them to craft better regulations which, in turn, means lower costs for consumers; cleaner food, air, and water;...

The National Nanotechnology Initiative (NNI) has rescheduled its symposium entitled “Enabling the Nanotechnology Revolution: Celebrating the 20th Anniversary of the 21st Century Nanotechnology Research and Development Act” to March 5, 2024, at the National Academies of Sciences, Engineering, and Medicine. According to NNI, the symposium will bring together “experts who can speak on the importance of nanotechnology in quantum engineering, optics, EHS, plastics, DEIA, microelectronics,...

The U.S. Department of Energy (DOE) will hold an informational webinar on November 28, 2023, about its Clean Fuels & Products Shot: Alternate Sources for Carbon-Based Products. During the webinar, a panel of DOE experts will provide information on how the Clean Fuels & Products Shot initiative fits into DOE’s broader Energy Earthshots™ portfolio. They will discuss how DOE works with industry, academia, and national labs on research, development, demonstration, and deployment of...

On November 9, 2023, the U.S. Environmental Protection Agency (EPA) invited nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 77308. EPA states that it anticipates appointing new SACC members by mid-2024 due to expiring membership terms. Any interested person or organization may nominate qualified individuals to...

The U.S. Environmental Protection Agency (EPA) published an advanced notice of proposed rulemaking (ANPRM) on October 12, 2023, soliciting public comment and suggestions on specific issues related to seed treated with conventional pesticides (treated seed) and paint treated with conventional or antimicrobial pesticides (treated paint). 88 Fed. Reg. 70625. According to the ANPRM, EPA is considering whether a rule under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to regulate...

On November 2, 2023, the U.S. Environmental Protection Agency (EPA) announced that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) to address the use of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) in tires. As reported in our August 9, 2023, blog item, on August 1, 2023, Earthjustice filed a citizen petition asking EPA to establish regulations prohibiting the manufacturing, processing, use, and distribution of 6PPD for and in...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on October 25, 2023, that scientists at Los Alamos National Laboratory (LANL) have developed biosensing technology that can help address the problem of plastic waste, specifically nylon-based waste, such as textiles, carpets, tires, and fishing nets. According to BETO, these and other products “are typically made from nylon-66, a common, very tough nylon made of a polymer building block called adipic acid...

On October 23, 2023, the Biden Administration announced the designation of 31 communities across the United States as Regional Innovation and Technology Hubs (Tech Hubs) through the U.S. Department of Commerce Economic Development Administration. According to the fact sheet, the Tech Hubs focus on developing and growing innovative industries in regions across the country, bringing together private industry, state and local governments, institutions of higher education, labor unions, Tribal...

On October 17, 2023, Senators John Thune (R-SD) and Amy Klobuchar (D-MN) reintroduced the Adopt Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) Act (S. 3055), a bipartisan bill directing the U.S. Environmental Protection Agency (EPA) to update its greenhouse gas (GHG) modeling for all renewable fuels under the Renewable Fuel Standard (RFS). According to Thune’s October 17, 2023, press release, the bill would require EPA to apply the Argonne National Lab’s...