Blogs

The House Energy and Commerce Subcommittee on Environment and Climate Change will hold a hearing on October 27, 2021, on “TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act.” According to the October 20, 2021, press release issued by the House Committee on Energy and Commerce, Representatives Frank Pallone, Jr. (D-NJ), Chair of the Committee, and Paul Tonko (D-NY), Chair of the Subcommittee, stated that the Frank R. Lautenberg Chemical Safety for the 21st Century Act...

The Food and Drug Administration (FDA) published a Federal Register notice on October 13, 2021, announcing the withdrawal of three guidance documents: “Temporary Policy for Preparation of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency (COVID-19)”; “Policy for Temporary Compounding of Certain Alcohol-Based Hand Sanitizer Products During the Public Health Emergency”; and “Temporary Policy for Manufacture of Alcohol for Incorporation Into...

By Lynn L. Bergeson and Carla N. Hutton   On October 1, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the Draft FY 2022-2026 EPA Strategic Plan. 86 Fed. Reg. 54448. The draft Strategic Plan communicates EPA’s priorities and provides the roadmap for achieving its mission to protect human health and the environment. The draft Strategic Plan outlines objectives within the following strategic goals: Goal 1: Tackle the Climate Crisis; Goal 2: Take...

As part of a multi-agency effort to address pollution from per- and polyfluoroalkyl substances (PFAS), the U.S. Environmental Protection Agency (EPA) released on October 18, 2021, the PFAS Strategic Roadmap: EPA’s Commitments to Action 2021-2024. The Strategic Roadmap includes: Timelines to set enforceable drinking water limits under the Safe Drinking Water Act (SDWA) to ensure water is safe to drink in every community; A hazardous substance designation under the Comprehensive...

On October 11, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) announced the release of a scientific guide to assess the risks posed by nanomaterials in food. According to ANSES, engineered nanomaterials are used in the food sector as: Food additives to improve a product’s appearance and palatability by modifying its structure, color, or texture; Additives in the formulation of food contact materials to modify the properties of...

By Lynn L. Bergeson and Carla N. Hutton The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced on October 14, 2021, several actions intended to enhance scientific integrity, including establishing two internal science policy advisory councils, creating a new senior-level career position to serve as a science policy advisor to the Assistant Administrator, and making further improvements to policies and procedures. The announcement...

The U.S. Environmental Protection Agency (EPA) announced on October 15, 2021, that it is updating the confidential status of 377 chemical identities and will include these chemical identities on the next update of the Toxic Substances Control Act (TSCA) Inventory, planned for winter 2022. The TSCA Inventory is a list of all existing chemical substances manufactured, processed, or imported in the United States. According to EPA, the Inventory contains 86,607 chemicals, of which...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On September 30, 2021, DOE announced the launch of a new prize that will award up to $2.5 million in cash prizes to ten groups and organizations that support entrepreneurship and innovation in historically underserved communities. The Inclusive Energy Innovation Prize acknowledges that underserved populations have been and continue to be more susceptible to the negative impact of climate change, global warming, and pollution....

The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced on October 14, 2021, several actions intended to enhance scientific integrity, including establishing two internal science policy advisory councils, creating a new senior-level career position to serve as a science policy advisor to the Assistant Administrator, and making further improvements to policies and procedures. The announcement includes the following actions: New...

The European Commission (EC) announced on October 8, 2021, that the Standing Committee on Plants, Animals, Food and Feed approved the EC’s proposal to ban the use of titanium dioxide (E171) as a food additive. The EC states that its proposal “is based on a scientific opinion by the European Food Safety Authority, which concluded that E171 could no longer be considered as safe when used as a food additive, in particular due to the fact that concerns regarding genotoxicity...

By Lynn L. Bergeson  On October 1, 2021, EPA announced a series of virtual meetings of the Board of Scientific Counselors (BOSC) Chemical Safety for Sustainability and Health and Environmental Risk Assessment (CSS HERA) Subcommittee to review recent progress and activities of the Chemical Safety Analytics (CSA) and Emerging Materials and Technologies (EMT) research areas. Meetings are open to the public, and EPA is accepting comments until November 3, 2021. Interested parties may also...

By Lynn L. Bergeson  On October 1, 2021, EPA announced the availability of the Draft FY 2022-2026 EPA Strategic Plan for public review and comment by November 12, 2021. EPA anticipates that the strategic plan for fiscal years (FY) 2022-2026 will be prepared in final and submitted to Congress in February 2022.

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.   GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC...

On October 1, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the Draft FY 2022-2026 EPA Strategic Plan. 86 Fed. Reg. 54448. The draft Strategic Plan communicates EPA’s priorities and provides the roadmap for achieving its mission to protect human health and the environment. The draft Strategic Plan outlines objectives within the following strategic goals: Goal 1: Tackle the Climate Crisis; Goal 2: Take Decisive Action to Advance Environmental...

On October 7, 2021, U.S. Environmental Protection Agency (EPA) Region 2 announced a settlement with Reckitt Benckiser, LLC (Reckitt Benckiser) regarding alleged violations under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The specific alleged violations relate to 239 sales and distributions of two rodenticide products in the United States that EPA asserts had misleading advertising claims on the packaging. Reckitt Benckiser has agreed to pay a civil penalty of...

On October 8, 2021, the National Nanotechnology Coordination Office (NNCO) announced the release of the 2021 National Nanotechnology Initiative Strategic Plan, which outlines the goals, objectives, and actions for National Nanotechnology Initiative (NNI) over the next five years. Goal 1. Ensure that the United States remains a world leader in nanotechnology research and development (R&D): According to NNI, NNI agencies will continue to use their full suite of authorities and mechanisms...

The European Chemicals Agency (ECHA) has posted a new set of questions and answers (Q&A) for downstream users of nanoforms. The new Q&As, posted under Section I, include: What are my obligations as a downstream user purchasing, modifying or creating nanoforms? How do I know when I have created a new nanoform from a supplied substance? How do I know whether the nanoform I have created is covered by my supplier if I received [a safety data sheet (SDS)] with an exposure scenario...

Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present during the “Moving Towards ‘Cradle-to-Cradle’: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy” session on October 14, 2021, at 1:45 p.m. (EDT), at the American Bar Association’s (ABA) Section of Environment, Energy, and Resources (SEER) 29th Fall Conference.

On October 7, 2021, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) completed its review of a proposed rule on “Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Phenol, Isopropylated Phosphate (3:1); Further Compliance Date Extension.” The U.S. Environmental Protection Agency (EPA) announced on September 3, 2021, an extension of certain compliance dates for Phenol, Isopropylated Phosphate (3:1)...

Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present during the “Moving Towards ‘Cradle-to-Cradle’: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy” session on October 14, 2021, at 1:45 p.m. (EDT), at the American Bar Association’s (ABA) Section of Environment, Energy, and Resources (SEER) 29th Fall Conference.

By Lynn L. Bergeson  The American Chemical Society’s Green Chemistry Institute® (ACS GCI) is now accepting symposium proposals for the 2022 26th Annual Green Chemistry & Engineering (GC&E) Conference that will be held in Reston, Virginia, from June 6 to June 8, 2022. The theme for the 2022 GC&E Conference is “Thinking in Systems: Designing for Sustainable Use,” and ACS GCI is looking for proposals focused on green and sustainable chemistry and...

By Lynn L. Bergeson  On October 19, 2021, the Environmental Law Institute (ELI) will honor Carol Browner's years of service as EPA Administrator with the Environmental Achievement Award. ELI gives this award annually during its award dinner to honor individuals and organizations for demonstrating outstanding commitment to environmental protection. Ms. Browner has overseen the coordination of environmental, energy, climate, transport, and related policies during her time in the U.S....

In honor of National Nanotechnology Day, and as part of a series for its 50th anniversary, the National Institute for Occupational Safety and Health (NIOSH) has posted a blog item entitled “National Nanotechnology Day: A big day for small things.” NIOSH states that it has been at the forefront of efforts to characterize the potential hazards for those working with engineered nanomaterials and to ensure safe workplaces since the early 2000s, including the creation of the...

The U.S. Government Accountability Office (GAO) posted a WatchBlog item entitled “Can Chemical Recycling Reduce Plastic Pollution?” on October 5, 2021. The item looks at GAO’s September 2021 Science & Tech Spotlight: Advanced Plastic Recycling. According to GAO, chemical recycling could reduce the amount of plastic that ends up in landfills, potentially reducing the release of chemicals into the environment. Chemical recycling can produce high-quality raw materials, decreasing the...

The White House Office of Science and Technology Policy (OSTP) published a request for information (RFI) on October 5, 2021, requesting input on the development of a National Strategic Plan for Advanced Manufacturing. 86 Fed. Reg. 55022. Through the RFI, OSTP seeks input from the public on ways to improve government coordination and on long-term guidance for federal programs and activities in support of U.S. manufacturing competitiveness. According to the RFI, advanced manufacturing is a...

On August 2, 2021, the U.S. Environmental Protection Agency (EPA) received a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rule requiring cigarette manufacturers to eliminate the hazardous chemicals used and to develop new product designs that eliminate or reduce the cigarette butt disposal risks to the environment. Filed by William David Bush, the petition states that the more than 4,000 chemicals in cigarette smoke come from chemicals within the soil,...

The Swedish National Platform for Nanosafety (SweNanoSafe) will hold a workshop on November 29, 2021, on “Safe and Sustainable by Design: a prerequisite for achieving a circular economy.” SweNanoSafe states that “Safe and Sustainable by Design (SSbD) is based on the consideration and minimization of uncertainties and risks to human health and the environment from an early stage of the innovation process and throughout the lifecycle of the innovation product.” The concept of SSbD...

On September 29, 2021, the U.S. Environmental Protection Agency (EPA) announced developments in its efforts to address per- and polyfluoroalkyl substances (PFAS) in the environment. In particular, EPA provided an update on its progress in testing pesticide products and containers for PFAS. EPA states that as part of its ongoing efforts, it is releasing an internally validated method for the detection of 28 PFAS compounds in oily matrices, such as pesticide products formulated in oil,...

The First International Conference on Agricultural Law was held jointly by the Agricultural Law Section of the International Bar Association (IBA), Project Pravo-Justice, and the Ukrainian Bar Association (UBA) on September, 23-24, 2021. This conference provided a unique review of current legal issues in agriculture, with leading European and Ukrainian experts sharing their experience on Land reform in Ukraine and best practices worldwide; Climate change, the European Union (EU) Green...

The U.S. Environmental Protection Agency (EPA) published a proposed rule on September 28, 2021, that would codify the definition of “parent company” for purposes of reporting to the Toxics Release Inventory (TRI). 86 Fed. Reg. 53577. Although the existing regulation requires a facility reporting to TRI to identify its parent company in annual reporting forms, no codified definition of this data element exists. EPA states that a codified definition of parent company would allow it to...

On September 22, 2021, the U.S. Environmental Protection Agency (EPA) recognized 33 Safer Choice Partner of the Year award winners across 16 states and the District of Columbia for achievement in the design, manufacture, selection, and use of products with safer chemicals. The Safer Choice program helps consumers and purchasers for facilities, such as schools and office buildings, find products that perform and are safer for human health and the environment. According to EPA, the work...

By Lynn L. Bergeson  On September 20, 2021, the U.S. Food and Drug Administration (FDA) announced the availability of its revised final guidance for industry on biosimilar development and the Biologics Price Competition and Innovation Act of 2009 (BPCI Act). Titled “Questions and Answers on Biosimilar Development and the BPCI Act,” the revised guidance aims to inform prospective applicants and facilitate the development of proposed biosimilars and proposed interchangeable...

The U.S. Environmental Protection Agency (EPA) announced on September 24, 2021, that it is extending the submission deadline for manufacturers (including importers) of 50 chemicals to report data from certain unpublished health and safety studies. The deadline for the reporting rule was originally September 27, 2021, and EPA has extended the deadline until December 1, 2021, for 20 of the 50 chemicals and to January 25, 2022, for 30 of the 50 chemicals. The 50 chemicals...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On September 22, 2021, as part of Pollution Prevention Week, the U.S. Environmental Protection Agency (EPA) recognized 33 Safer Choice Partner of the Year award winners for their achievements in design, manufacture, selection, and use of products with safer chemicals. Michal Freedhoff, Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), commented on the winners’ achievements,...

Bergeson & Campbell, P.C. (B&C®) is pleased to offer the recording, slides, and written Question and Answer (Q&A) document from our “PFAS Reporting Rules -- What Every Company Needs to Know” webinar, focusing on the U.S. Environmental Protection Agency’s (EPA) proposed reporting rules for per- and polyfluoroalkyl substances (PFAS), presented by B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D. Do you wonder if the PFAS...

By Lynn L. Bergeson On September 15, 2021, the Senate Committee on Environment and Public Works held a hearing on several U.S. Environmental Protection Agency (EPA) nominees, including Amanda Howe, nominated for Assistant Administrator for Mission Support, and David Uhlmann, nominated for Assistant Administrator for Enforcement and Compliance Assurance. Amanda Howe has a long history of public service, including such roles as the Chief Operating Officer for the now-Vice President, Kamala...

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 Richard E. Engler, Ph..D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®), to discuss the U.S. Environmental Protection Agency’s (EPA) continuing struggle to regulate certain persistent, bioaccumulative, and toxic (PBT)...

On September 15, 2021, the U.S. Environmental Protection Agency (EPA) announced that it is terminating the Temporary Amendment to Pesticide Registration (PR) Notice 98-10, effective September 15, 2022. EPA states that it is providing 12 months’ notice to registrants before the termination takes effect to give registrants time to adjust their contractual commitments. Registrants must ensure that by September 15, 2022, their product is produced using a source of active...

On September 17, 2021, the U.S. Environmental Protection Agency (EPA) published a final rule amending the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 51823. Specifically, EPA is extending the compliance date applicable to the processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to make those articles, from March 8, 2021, to March 8, 2022....

The New York State Department of Environmental Conservation (NYS DEC) held a virtual public meeting on September 15, 2021, on its forthcoming regulations to implement the Toxic Chemicals in Children’s Products Law. New York’s Environmental Conservation Law (ECL) Article 37 Title 9 establishes an ingredient disclosure program and prohibits certain chemicals in children’s products. ECL Article 37 instructs NYS DEC to promulgate lists of chemicals of concern and high priority chemicals that...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. As part of a White House roundtable to launch the Sustainable Aviation Fuels (SAF) Grand Challenge to decarbonize the aviation sector by 2050, on September 9, 2021, the U.S. Department of Energy (DOE) announced the availability of $64.7 million in funding for projects focused on the production of cost-effective and low-carbon biofuels. DOE aims to advance technologies to replace petroleum fuels used in heavy-duty forms of...

The Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) announced on August 9, 2021, publication of a study entitled Characterization of Unintentionally Released Nanometric Particles in Various Workplaces. The study characterizes unintentionally released nanoparticles (URNP) found in six workplaces — an underground mine, a truck repair shop, an underground transportation network, a foundry, a machine shop, and a wax casting shop — on the basis of...

On September 7, 2021, the European Commission (EC) Scientific Committee on Health, Environmental and Emerging Risks (SCHEER) posted a preliminary opinion on “Draft Environmental Quality Standards for Priority Substances under the Water Framework Directive” for silver and its compounds. The Water Framework Directive requires the EC to identify priority substances among those presenting significant risk to or via the aquatic environment and to set environmental quality standards (EQS) for...

Registration has opened for a September 22, 2021, webinar held by the National Nanotechnology Coordination Office (NNCO) on “What We Know about NanoEHS: Measurement and Characterization.” The webinar’s speakers will explore the impact of advances in nanomaterial measurement and characterization on the safe and responsible development of nanotechnology. Vincent Hackley, Research Chemist, National Institute of Standards and Technology (NIST), will moderate. The panel will include:...

In early July 1996, I was returning on a flight from Amman, Jordan, wondering what kind of negotiation we in the Clinton Administration faced in completing the legislative text of what became the Food Quality Protection Act (FQPA). (I had been asked to go to Jordan to visit the Jordanian pesticide regulatory program by a friend who was a senior official at the State Department. The result of my visit may have played a very, very small role in the Middle East peace process -- but that is another...

On August 31, 2021, the U.S. Environmental Protection Agency (EPA) released the final scope documents for the Toxic Substances Control Act (TSCA) risk evaluations of diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). 86 Fed. Reg. 48695; 86 Fed. Reg. 48693. In its August 31, 2021, press release, EPA notes that both DIDP and DINP “belong to a family of chemicals called phthalates and are commonly used as plasticizers in the production of plastic and...

WEBINARThursday, September 9, 202111:00 a.m. – 12:00 p.m. (EDT)Register Now Bergeson & Campbell, P.C. (B&C®) is pleased to present a complimentary webinar focused on the U.S. Environmental Protection Agency’s (EPA) proposed per- and polyfluoroalkyl substances (PFAS) regulations on September 9, 2021, 11:00 a.m. – 12:00 p.m. (EDT). B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D., will discuss three actions recently...

By Lynn L. Bergeson    On August 27, 2021, DOE’s EERE, in partnership with the Clean Energy Smart Manufacturing Institute (CESMII), announced the selections of four new Smart Manufacturing Innovation Centers (SMICs). SMICs offer specialized training and direct industry engagement to help U.S. manufacturers implement smart manufacturing technologies to optimize their use of materials and energy. CESMII, an institute funded by DOE’s Advanced Manufacturing Office, focuses...

The New York State Department of Environmental Conservation (NYSDEC) will hold a virtual public meeting on September 15, 2021, on the toxic chemicals in children’s products law. NYSDEC will present the chemicals under consideration for listing as Chemicals of Concern and High Priority Chemicals and their practical quantification limits. NYSDEC will also re-present select topics from the May 26, 2021, public meeting, as some details have changed in response to feedback received. NYSDEC...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.   On August 26, 2021, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) and the Office of Economic Impact and Diversity (ED) announced the launch of the Inclusive Energy Innovation Prize. The new prize will provide cash prizes of up to $250,000 each -- totaling $2.5 million -- to groups and organizations in support of entrepreneurship and innovation in communities historically underrepresented and...