Blogs

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on February 7, 2025, that its 2025 Project Peer Review, initially planned for April 22-25, 2025, is postponed until a future, yet to be determined, date. According to BETO, approximately 200 projects in its research, development, and demonstration portfolio “will be presented to the public and systematically reviewed by experts from industry, academia, and federal agencies.” BETO notes that the 2025...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the release by American Bar Association (ABA) Publishing of Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, edited by B&C Managing Partner Lynn L. Bergeson and authored by Ms. Bergeson and members of B&C’s highly experienced Toxic Substances Control Act (TSCA) practice group. This invaluable guide provides a road map to navigate efficiently the transformational changes in chemical product law,...

On February 26, 2027, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) published a report entitled Independent Audit of the EPA’s Fiscal Years 2022 and 2021 (Restated) Toxic Substances Control Act Service Fee Fund Financial Statements. Under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA is required to prepare and OIG to audit the accompanying financial statements of the TSCA...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on February 27, 2025, that it will begin to accept petitions for nonregulated status according to APHIS biotechnology regulations at 7 C.F.R. Part 340 (2019) on March 3, 2025. APHIS notes that its biotechnology regulations enable developers to petition for a determination that an “article” is not regulated. The petition process applies only to plants that meet the regulatory definition...

On February 25, 2025, the U.S. Government Accountability Office (GAO) issued a report entitled High-Risk Series: Heightened Attention Could Save Billions More and Improve Government Efficiency and Effectiveness, “highlight[ing] 38 areas across the federal government that are seriously vulnerable to waste, fraud, abuse, and mismanagement or that are in need of transformation.” The category “Seizing Opportunities to Better Protect Public Health and Reduce Risk” lists high-risk areas...

Much has been written about the Congressional Review Act (CRA), which Congress can use to repeal qualifying federal agency actions. The CRA was enacted as part of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). According to the Congressional Research Service (CRS), through 2024 the CRA was used to repeal 20 rules, including 16 during President Trump’s first term. The CRA was also used successfully one time in the 107th Congress (2001-2002) under former President G.W....

On February 21, 2025, the U.S. Environmental Protection Agency (EPA) extended the comment deadline for the January 17, 2025, proposed rule to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 10043. As reported in our January 22, 2025, blog item, the Biden EPA proposed the rule in response to questions from industry...

It was reported this weekend that all federal employees received an e-mail from the Office of Personnel Management (OPM) telling employees to report “five bullets about what you did last week.” The e-mail also states that failure to do so would be interpreted to mean that the employee is offering their resignation. This is reported as part of the drive to shake up or reform, review, or rebuke the federal workforce. Whatever one speculates about motivation, this will likely be taken by many...

March 14, 2025, looms as an important deadline in the middle of President Trump’s first 100 days in office, a milestone often used to evaluate the effectiveness of a new President. March 14 is the day that the American Relief Act, 2025 (Public Law 118-158), which provides temporary funding for the federal government, expires. The law was enacted during the 118th Congress and signed into law by President Biden. At the time, some questioned whether having government funding expire during...

The Organisation for Economic Co-operation and Development (OECD) has published the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials between July 2023 and June 2024 -- Tour de Table (Tour de Table). Below are highlights on international developments from the Tour de Table: Canada continues with the risk assessments of zinc oxide and titanium dioxide at the nanoscale that are in commerce in Canada, to evaluate their potential for environmental and...

The Natural Resources Defense Council (NRDC) announced on February 11, 2025, that community and environmental groups submitted a petition under Section 21 of the Toxic Substances Control Act (TSCA) to the U.S. Environmental Protection Agency (EPA) to prohibit the use of hydrogen fluoride in domestic oil refining “to eliminate the extreme and unreasonable risks this use presents to public health and the environment.” Brought by NRDC, Clean Air Council (CAC), and Communities for a Better...

As reported in our September 30, 2024, blog item, the U.S. District Court for the Northern District of California ruled in September 2024 that the plaintiffs established by a preponderance of the evidence that the levels of fluoride typical in drinking water in the United States pose an unreasonable risk of injury to the health of the public. Food & Water Watch v. EPA (No. 3:17-cv-02162-EMC). On January 17, 2025, the Biden U.S. Environmental Protection Agency (EPA) filed a notice of appeal...

Among the less-noticed, less-reported implications of “firing” federal employees for whatever reason (or no reason) is the process under current law and regulations that applies to reducing or eliminating programs and positions within the U.S. government. Known as a reduction in force (RIF), these procedures are arcane, complicated, and could have many unintended impacts even if imposed to attain targeted reductions in specific parts or programs of the federal workforce. The Executive Order...

President Trump, on January 31, 2025, issued Executive Order 14192, “Unleashing Prosperity Through Deregulation.” This has been referred to as President Trump’s “ten-to-one deregulation initiative” that he spoke about when he was campaigning. If this initiative seems familiar, it may be because you remember Executive Order 13771, “Reducing Regulation and Controlling Regulatory Costs,” issued on February 3, 2017, by President Trump in his first term. That Executive Order called for...

The Organisation for Economic Co-operation and Development (OECD) has published the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials between July 2023 and June 2024 -- Tour de Table (Tour de Table). The Tour de Table lists U.S. developments on the human health and environmental safety of nanomaterials. Risk assessment decisions, including the type of nanomaterials assessed, testing recommended, and outcomes of the assessment include: The U.S....

On February 5, 2025, the U.S. Environmental Protection Agency (EPA) delayed until March 21, 2025, the effective date of a January 2025 rule adding nine per- and polyfluoroalkyl substances (PFAS) to 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). 90 Fed. Reg. 9010. As reported in our January 13, 2025, blog item, the January rule updates the regulations to identify nine...

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin on February 4, 2025, announced the “Powering the Great American Comeback Initiative” (PGAC Initiative). It consists of five pillars and is intended to serve as a roadmap to guide EPA’s actions under Administrator Zeldin. The five pillars are:  Clean Air, Land, and Water for Every American; Restore American Energy Dominance; Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership; Make the United States...

The U.S. Environmental Protection Agency (EPA) announced on January 21, 2025, the availability of a final document entitled “Biofuels and the Environment: Third Triennial Report to Congress” (Third Report). 90 Fed. Reg. 7135. The document was prepared by EPA’s Offices of Research and Development (ORD) and Air and Radiation (OAR), in consultation with the U.S. Departments of Agriculture (USDA) and Energy (DOE). The Third Report builds on the first and second triennial reports, released in...

On January 17, 2025, the Biden U.S. Department of Agriculture (USDA) issued an interim final rule with a request for comment that establishes technical guidelines for quantifying, reporting, and verifying the greenhouse gas (GHG) emissions associated with agricultural production of biofuel feedstock commodity crops grown in the United States in the context of environmental service markets. 90 Fed. Reg. 5497. The rule establishes guidelines for the reporting and verification of practices and...

The Minnesota Pollution Control Agency (MPCA) has posted a January 2025 report to the legislature regarding recommendations for products containing lead, cadmium, and perfluoroalkyl and polyfluoroalkyl substances (PFAS). During the previous legislative session, the legislature directed MPCA to support a report by January 31, 2025, with legislative recommendations related to the following chemicals and products: The use of intentionally added PFAS in electronic or other internal components of...

The House Committee on Science, Space, and Technology will hold a hearing on February 5, 2025, on “The State of U.S. Science and Technology: Ensuring U.S. Global Leadership.” According to the Hearing Charter, the purpose of the hearing is “to assess the current condition of the United States’s science and technology enterprise and its vital role in the global innovation race.” By examining public and private investments in the United States, the Committee will also have the opportunity...

The U.S. Environmental Protection Agency (EPA) announced on January 31, 2025, that it is extending the public comment period on the draft risk evaluation for 1,3-butadiene under the Toxic Substances Control Act (TSCA). 90 Fed. Reg. 8798. Comments that were due February 3, 2025, are now due March 5, 2025. EPA states in its announcement that to give the peer reviewers on the Science Advisory Committee on Chemicals (SACC) time to review any additional comments received, it is in the process of...

The March 1, 2025, deadline for all establishments, foreign and domestic, that produce pesticides, devices, or active ingredients to file their annual production for the 2024 reporting year is fast approaching. Pursuant to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 7(c)(1) (7 U.S.C. § 136e(c)(1)), “Any producer operating an establishment registered under [Section 7] shall inform the Administrator within 30 days after it is registered of the types and amounts of...

The European Commission (EC) announced on January 29, 2025, that it launched a Biotech and Biomanufacturing Hub to support companies -- particularly start-ups and small and medium-sized enterprises (SME) -- in bringing innovative products to the European Union (EU) market and increase their competitiveness. According to the EC, the Hub will also help companies identify available support at the EU level and how to access this support to help them expand and grow. The EC states that the Biotech...

On January 28, 2025, the U.S. Environmental Protection Act (EPA) issued a final rule delaying the effective date of four rules, including the December 17, 2024, final risk management rule for trichloroethylene (TCE) issued under Section 6(a) of the Toxic Substances Control Act (TSCA), until March 21, 2025. 90 Fed. Reg. 8254. EPA states that it is delaying the effective dates of the rules in response to President Trump’s January 20, 2025, memorandum entitled “Regulatory Freeze Pending...

On January 16, 2025, the U.S. Environmental Protection Agency (EPA) released a compliance guide to assist the regulated community in complying with Workplace Chemical Protection Program (WCPP) requirements for chemicals regulated under Section 6 of the Toxic Substances Control Act (TSCA). EPA states that a WCPP “is a chemical protection program designed to address unreasonable risk posed by chemical exposure to persons in occupational settings.” The compliance guide provides an overview of...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office’s (BETO) Chemical Catalysis for Bioenergy Consortium (ChemCatBio) will hold a webinar on January 29, 2025, on programmable catalysis for chemical energy technology. ChemCatBio states that catalysis enables new frontiers in energy, such as converting biomass to high-value products and storing energy from abundant renewable energy. Challenges remain, however, when catalysts are slow, expensive, or produce too many side...

On January 17, 2025, the U.S. Environmental Protection Agency (EPA) released its new MyPest tracking system to provide transparency and visibility into the real-time status of pesticide submissions. MyPest is a web-based system that tracks a registrant’s pesticide applications and products after submission via EPA’s Central Data Exchange (CDX). MyPest allows users to view and communicate with the Office of Pesticide Programs (OPP) regarding their pesticide products and pending applications....

On January 17, 2025, the U.S. Environmental Protection Agency (EPA) announced the release of the latest Toxic Substances Control Act (TSCA) Inventory. The TSCA Inventory lists all existing chemical substances manufactured, processed, or imported in the United States under TSCA that do not otherwise qualify for an exemption or exclusion. EPA states that “[t]his biannual update to the public TSCA Inventory is part of EPA’s regular posting of non-confidential TSCA Inventory data.” EPA plans...

In a development no one could have predicted several weeks ago, the first hearing of the 119th Congress in the House Committee on Energy and Commerce (E&C) focused on the Toxic Substances Control Act (TSCA) and amendments to TSCA that were enacted more than eight years ago. The E&C Subcommittee on Environment (the Subcommittee) hearing on January 22, 2025, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” featured...

Representatives Diana Harshbarger (R-TN) and Mariannette Miller-Meeks (R-IA) introduced H.J. Res. 27, a resolution expressing congressional disapproval of the U.S. Environmental Protection Agency’s (EPA) rule on trichloroethylene (TCE). This joint resolution is an attempt to use the Congressional Review Act (CRA) to overturn EPA’s recent TCE rule issued under the Toxic Substances Control Act (TSCA). Introduction of a resolution of disapproval is the first step in the process of overturning a...

The Senate Committee on Environment and Public Works (EPW) on January 23, 2025, advanced the nomination of Lee Zeldin to the full Senate for a vote to confirm him as the next Administrator of the U.S. Environmental Protection Agency (EPA). The 11-8 vote to advance the nomination was largely along party lines, with Senator Mark Kelly (D-AZ) as the only Democrat to vote in favor of advancing Zeldin’s nomination. Zeldin is expected to be confirmed by the Senate. EPW held a hearing on the...

The U.S. Government Accountability Office (GAO) publicly released a report entitled “New Chemicals Program: EPA Needs a Systematic Process to Better Manage and Assess Performance” on January 22, 2025. GAO states that it was asked to review the U.S. Environmental Protection Agency’s (EPA) implementation of its Toxic Substances Control Act (TSCA) New Chemicals Program. The report summarizes the perspectives of selected manufacturers on EPA’s review process and evaluates the extent to which...

Bergeson & Campbell, P.C. (B&C®) is pleased to present “What’s New with New Approach Methodologies: A Webinar” from 11:00 a.m. - 12:30 p.m. (EST) on February 13, 2025. New Approach Methodologies (NAM) are being increasingly used throughout the field of toxicology due to scientific, logistical, and ethical advantages, as well as legal requirements. The U.S. Environmental Protection Agency (EPA), as directed by the 2016 amendment to the Toxic Substances Control Act (TSCA), is...

The U.S. Environmental Protection Agency (EPA) proposed on January 17, 2025, to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). 90 Fed. Reg. 5795. The National Defense Authorization Act for Fiscal Year 2020 (NDAA) adds certain PFAS automatically to the TRI beginning January 1 of the year following specific triggering events....

On January 22, 2025, the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee website includes the following witness materials: Chris Jahn, President and Chief Executive Officer, American Chemistry Council (ACC), biography and witness testimony; Geoff Moody, Senior Vice President, Government Relations and Policy, American Fuel and...

On January 8, 2025, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) and the U.S. Environmental Protection Agency (EPA) announced $6 million in funding for three projects that will advance biofuel development and support U.S. leadership in energy and emissions innovation. According to BETO, the projects will support research to improve performance and reduce costs of high-impact biofuel production technologies; scale up production systems with industry; and support...

The Subcommittee on Environment of the House Committee on Energy and Commerce has announced that its first hearing of the 119th Congress will focus on the Toxic Substances Control Act (TSCA). The hearing, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” is scheduled for January 22, 2025, at 10:30 a.m. in Room 2123 of the Rayburn House Office Building and will be webcast. Richard E. Engler, Ph.D., Director of Chemistry for...

On January 22, 2025, at 10:30 a.m. (EST), the House Energy and Commerce Subcommittee on Environment will hold a hearing entitled “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for the 21st Century Act.” The Committee’s press release notes that “[t]he domestic production of chemicals is critical to the growth of our economy and vital to the success of American manufacturers.” According to the press release, nearly ten years since the Frank R....

On January 7, 2025, Lynn L. Bergeson was interviewed by Christopher Bornmann in Pulling the Threads of the ‘Complicated Patchwork of Federal and State Law’ around PFAS Class Action Lawsuits for the 3E blog. Portions of this article covering the current landscape surrounding PFAS class action lawsuits are shared below by permission. To better understand the current landscape surrounding PFAS class action lawsuits and how companies can protect themselves from litigation, 3E sat down with Lynn...

The U.S. Environmental Protection Agency (EPA) announced on January 14, 2025, a draft risk assessment of the potential human health risks associated with the presence of perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in biosolids, also known as sewage sludge. According to EPA, the findings show that there may be human health risks associated with exposure to PFOA or PFOS with all three methods of using or disposing of sewage sludge -- land application of biosolids,...

The Cookware Sustainability Alliance (CSA) announced on January 9, 2025, that it has filed suit in the U.S. District Court for the District of Minnesota, seeking a preliminary injunction of Minnesota’s ban on the sale of cookware containing intentionally added per- and polyfluoroalkyl substances (PFAS). CSA v. Kessler (No. 0:25-cv-00041). According to CSA, the chemical coating on nonstick cookware contains fluoropolymers, which “are fundamentally different compounds from the chemicals that...

On December 19, 2024, the National Nanotechnology Coordination Office (NNCO) released The National Nanotechnology Initiative Supplement to the President’s 2025 Budget, which also serves as the annual report for the National Nanotechnology Initiative (NNI). According to the report, President Biden’s fiscal year (FY) 2025 budget requests over $2.2 billion for NNI, with cumulative funding totaling over $45 billion since the inception of NNI in 2001 when Congress approved increased funding for...

The U.S. Environmental Protection Agency (EPA) announced on January 6, 2025, that it is updating 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). 90 Fed. Reg. 573. Specifically, the final rule updates 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...

Senator Shelly Moore Capito (R-WV), Chair of the Senate Committee on Environment and Public Works (EPW), has scheduled a hearing on the Nomination of Lee Zeldin to be Administrator of the Environmental Protection Agency (EPA) for Thursday, January 16, at 10:00 a.m. The hearing will be held in room 406 of the Senate Dirksen Office Building and will be viewable by webcast as well. It will be interesting to hear what Mr. Zeldin shares about his priorities as EPA Administrator and how the Trump...

On January 6, 2025, the U.S. Environmental Protection Agency (EPA) announced the extension of the review period for confidential business information (CBI) claims for specific identities of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 90 Fed. Reg. 645. As reported in our February 7, 2024, blog item, EPA previously extended the review period by one year, to February 19, 2025. According to EPA,...

The U.S. Environmental Protection Agency (EPA) published a proposed rule on December 12, 2024, that would partially waive the 2024 cellulosic biofuel volume requirement and revise the associated percentage standard under the Renewable Fuel Standard (RFS) program due to a shortfall in cellulosic biofuel production. 89 Fed. Reg. 100442. As a result of this proposed change, EPA proposes to extend the RFS compliance reporting deadline for the 2024 compliance year. According to the proposed rule, EPA...

On December 20, 2024, the U.S. Court of Appeals for the District of Columbia Circuit denied the Environmental Defense Fund’s (EDF) petition and granted the American Chemistry Council (ACC) and American Fuel and Petrochemical Manufacturers’ (AFPM) petition for review of the U.S. Environmental Protection Agency’s (EPA) final rule updating the requirements concerning the assertion and treatment of confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA)....

The U.S. Department of Agriculture (USDA) announced on December 20, 2024, that the United States prevailed in its dispute under the United States-Mexico-Canada Agreement (USMCA) challenging certain Mexican biotechnology measures concerning genetically engineered (GE) corn. Under a February 2023 presidential decree, Mexico banned immediately the use of GE corn in dough and tortillas and instructed government agencies to eliminate gradually the use of GE corn for other food uses and in animal...

The opening hours of the 119th Congress provided an interesting look at the two bodies of Congress, the United States House of Representatives (House) and the United States Senate (Senate), and offered a glimpse of what to expect from the leaders of those bodies during the next two years. While Republicans control the House and the Senate, their slim majorities will present challenges in legislating during the 119th Congress. In the House, it will take only a handful of Republican defections to...