The European Food Safety Authority (EFSA) has begun a public consultation on a draft document entitled “EFSA Guidance on Technical Requirements for Regulated Food and Feed Product Applications to Establish the Presence of Small Particles Including Nanoparticles.” The draft Guidance sets out information requirements for applications in the regulated food and feed product areas and establishes criteria for assessing the presence of a fraction of small particles. EFSA...
July 12, 2020
EPA OIG Finds Additional Internal Controls Would Improve EPA’s System for Electronic Disclosure of Environmental Violations
The U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released on June 30, 2022, a report entitled “Additional Internal Controls Would Improve the EPA’s System for Electronic Disclosure of Environmental Violations.” OIG conducted the evaluation to determine whether EPA’s process for screening self-reported violations through its electronic disclosure, or eDisclosure, system is effective and ensures that significant concerns, such as criminal conduct and...
July 9, 2020
EPA Announces Research Studying the Potential Long-Lasting Effectiveness of Disinfectants against SARS-CoV-2
On July 7, 2020, the U.S. Environmental Protection Agency (EPA) announced that EPA researchers are evaluating a number of commercially available products for potential long-lasting effectiveness against SARS-CoV-2, the novel human coronavirus that causes COVID-19. This research is being conducted at EPA’s Office of Research and Development's Center for Environmental Solutions and Emergency Response in Research Triangle Park, North Carolina, using surfaces that mimic the high...
This week's All Things Chemical™ Podcast will be of interest to readers of the Pesticide Law & Policy Blog®. A brief description of the episode written by Lynn L. Bergeson is below. This week I sat down with James Aidala, B&C’s Senior Government Affairs Consultant, to catch up on what the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) is up to and to get a sense of what we might expect to develop over the remainder of the year. As a...
July 9, 2020
ANSI Nanotechnology Standards Panel Will Hold Virtual Workshop on Advanced Materials in August
On August 19 and 20, 2020, the American National Standards Institute Nanotechnology Standards Panel (ANSI-NSP) will hold a virtual workshop on advanced materials. ANSI states that advanced materials are of growing interest as there is increasing recognition that size alone does not define the unique properties of a material. More and more, governments and organizations that originally focused on nanomaterials are now also focusing on advanced materials and emerging...
On June 24, 2020, Bergeson & Campbell, P.C. (B&C®), The Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health presented “TSCA Reform -- Four Years Later.” A full recording of the seminar, including a keynote address by Alexandra Dapolito Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA), and comments by the Hon. John Shimkus U.S....
The International Organization for Standardization (ISO) has published two nanotechnology standards: ISO 21363:2020, “Nanotechnologies — Measurements of particle size and shape distributions by transmission electron microscopy”: The standard specifies how to capture, measure, and analyze transmission electron microscopy images to obtain particle size and shape distributions in the nanoscale. According to ISO, the standard is broadly applicable to nano-objects, as well as to particles...
On June 24, 2020, the U.S. Environmental Protection Agency (EPA) released a New Approach Methods (NAM) Work Plan that will “serve[] as a roadmap for meeting its animal testing reduction goals set forth in Administrator Andrew Wheeler’s 2019 Directive.” According to EPA’s June 24, 2020, press release, the Work Plan describes how EPA plans to develop, test, and apply chemical safety testing approaches that reduce or replace the use of animals. EPA states that...
On July 6, 2020, the U.S. Environmental Protection Agency (EPA) announced that it approved amended labels for two products, Lysol Disinfectant Spray (EPA Reg. No. 777-99) and Lysol Disinfectant Max Cover Mist (EPA Reg. No. 777-127), based on laboratory testing that shows the products are effective against SARS-CoV-2. These are the first products for which EPA has reviewed laboratory testing data and approved label claims against SARS-CoV-2. In January 2020, at the beginning of the...
July 7, 2020
Nanodatabase Adds Product Number 4,000
The Nanodatabase has posted a June 1, 2020, press release announcing that it has added product number 4,000 in its database. According to the press release, silver is still the nanomaterial most often reported, with titanium and titanium dioxide the second and third most common. The press release notes that for almost 3,000 products, the type of nanomaterial is unknown, however. The database includes categories for health and fitness (2,310 products, a little more...
In July 2020, the German Environment Agency (UBA) published a report entitled Advanced materials: Overview of the field and screening criteria for relevance assessment. The report describes activities within the project “Advanced materials — Thematic conferences: Assessment of needs to act on chemical safety” to provide discussion input on approaches to describe, cluster, and prioritize advanced materials. The aim of the report is to identify relevant advanced...
On July 1, 2020, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “Polymer based nanocomposites – enabling innovation, resource efficiency and helping to fight climate change” by Dr. Sabine Lindner, Consumer and Environmental Affairs, PlasticsEurope Deutschland e.V. Dr. Lindner notes how the addition of nanoscale particles to plastic matrices can improve the properties of products such as plastic packaging for food. According to Dr....
The U.S. Environmental Protection Agency (EPA) announced on July 2, 2020, that it has registered NSPW Nanosilver (a new nanosilver formulation) to suppress odor-causing bacteria and algae, fungus, mold, and mildew that can cause deterioration or staining in textiles. Textiles that may be treated with NSPW Nanosilver include fabrics, sportswear, footwear, linens, and awnings. NSPW Nanosilver is the active ingredient in the pesticide product POLYGUARD-NSPW MASTER BATCH...
July 3, 2020
BIO Announces Start-Up Competition Prize Winners
By Lynn L. Bergeson On June 26, 2020, the Biotechnology Innovation Organization (BIO), a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced the winners of its 2020 Start-Up Stadium competition. The competition had 30 finalists that were evaluated during BIO Digital in June, by expert judges with backgrounds in investment, entrepreneurship, start-ups, economic development, capital formation, and academia. Five winners were chosen based on their commercially viable...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 2, 2020, DOE announced that it has selected seven projects to conduct R&D to accelerate the adoption of performance-advantaged biofuel blendstocks. A total of $1.94 million in funding is available for the projects, which will leverage National Laboratory capabilities as part of the Co-Optimization of Fuels & Engines (Co-Optima) initiative. The Co-Optima initiative focuses on simultaneous innovations in fuels and engines that can...
By Lynn L. Bergeson On July 1, 2020, DOE’s EERE announced that the Oak Ridge National Laboratory (ORNL) issued a Notice of Opportunity (NOO) providing small businesses and other industry partners with more affordable access to ORNL’s Building Technologies Research and Integration Center (BTRIC). The NOO allows small businesses to undertake collaborative, short-term R&D projects that accelerate the development of new energy-efficient building technologies. Funded by DOE’s...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 1, 2020, DOE’s EERE announced a request for proposals (RFP) for R&D projects that support DOE’s H2@Scale vision for large-scale, affordable hydrogen production, storage, distribution, and utilization across various sectors. H2@Scale is an initiative focused on exploring the potential for wide-scale hydrogen production and utilization in the United States to enable resilience and sustainability of the power generation and...
July 3, 2020
House Select Committee On Climate Crisis Publishes Report On Action Plan For A Clean Energy Economy
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. This June, the House Select Committee on Climate Crisis released a report titled “Solving the Climate Crisis: The Congressional Action Plan for a Clean Energy Economy and a Healthy, Resilient, and Just America.” Providing a road map for Congress to follow, the action plan has three main goals: Reaching 100 percent clean, net zero emissions economy-wide in the U.S. by 2050; Establishing ambitious interim targets to assess...
By Lynn L. Bergeson On June 29, 2020, the United States (U.S.) Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a request for information (RFI) on challenges and opportunities in the up- and mid-stream critical materials battery supply chains. As demand for critical materials such as lithium and cobalt for the manufacturing of batteries continues to grow, DOE is seeking ways to reduce U.S. dependence on critical materials. According to...
The U.S. Environmental Protection Agency (EPA) announced on July 2, 2020, that it registered NSPW Nanosilver as a new active ingredient that helps suppress odor-causing bacteria, and algae, fungus, mold, and mildew that can cause deterioration or staining in textiles. EPA notes that NSPW Nanosilver is registered only for use in specified textiles, including fabrics, sportswear, footwear, linens, and awnings. NSPW Nanosilver is the active ingredient in the pesticide product...
On June 26, 2020, the European Commission (EC) published a regulation in the Official Journal of the European Union that amends Annex II of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation. Annex II describes the requirements for compiling safety data sheets (SDS). The EC notes that specific requirements for nanoforms of substances took effect on January 1, 2020, and that information related to those requirements is to be...
June 30, 2020
Industry Associations Petition EPA to Develop Risk Management Procedural Rule under TSCA
On June 3, 2020, the American Coatings Association (ACA), National Association of Manufacturers, Toy Association, National Association of Home Builders, and U.S. Chamber of Commerce petitioned the U.S. Environmental Protection Agency (EPA) to develop a risk management procedural rule under the Toxic Substances Control Act (TSCA). According to ACA’s June 15, 2020, press release, ACA “believes that a procedural rule would provide guard rails to ensure consistency, transparency and effective...
On June 22, 2020, the U.S. District Court for the Eastern District of California granted summary judgment for the Plaintiffs in National Association of Wheat Growers et. al. v. Becerra, and entered a permanent injunction against enforcement of a Proposition 65 (Prop 65) warning label for pesticide products containing glyphosate. The court found that requiring the registrants of glyphosate products to include such a warning could not be justified as a valid restriction on commercial...
The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on January 27, 2020, identifying the preliminary lists of manufacturers (including importers) of the 20 chemical substances that EPA designated as high-priority substances for risk evaluation and for which fees will be charged. 85 Fed. Reg. 4661. During the comment period, manufacturers (including importers) are required to self-identify as manufacturers of a high-priority substance irrespective of whether...
On June 25, 2020, the National Institute for Occupational Safety and Health (NIOSH) published a Nanotechnology Research Center (NTRC) Program Performance One-Pager (PPOP). NTRC conducts research to understand the potential effects on human health of exposure to engineered nanomaterials (ENM) and develops methods to control or eliminate exposures. According to the PPOP, NTRC’s accomplishments include conducting a survey to gather information about companies’ safety and...
On June 30, 2020, from 9:00 a.m.-10:30 a.m. (EDT), the European Union (EU) NanoSafety Cluster will hold a webinar on “Immune response from occupational exposure to CNTs and nanofibres.” The following speakers will discuss work at the U.S. Centers for Disease Control and Prevention (CDC) National Institute for Occupational Safety and Health (NIOSH) on the association of occupational exposure with ex vivo functional immune response in workers handling carbon nanotubes and...
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 EPA Assistant Administrator Alexandra Dunn. As many of our listeners know, Alex Dunn heads the Office of Chemical Safety and Pollution Prevention and is responsible for implementing the nation’s industrial and agricultural chemical laws, the Toxic Substances Control Act (TSCA) and the Federal...
June 24, 2020
EPA Orders OCCS, Inc. to Stop Sales of Unregistered Antimicrobial Disinfectant Products
On June 17, 2020, the U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use, or Removal Order (SSURO) to OCCS, Inc. (OCCS) for the sale and distribution of unregistered antimicrobial disinfectants. EPA Region 9 states in a press release that OCCS, a chemical supply company located in Stanton, California, distributed and sold two unregistered products, Sanitizer/Quat Solution Ready to Use and Quat Solution Ready to Use Cleaner, in violation of the Federal Insecticide,...
During the week of June 15, 2020, the U.S. District Court for the Northern District of California heard from the U.S. Environmental Protection Agency’s (EPA) final three witnesses: Dr. Joyce Tsuji, Dr. Ellen Chang, and Dr. Tala Henry. Food & Water Watch, Inc. v. EPA, Case No. 3:17-cv-02162-EMC. Dr. Tsuji did not dispute that fluoride can be a neurotoxin at “high enough levels.” Dr. Tsuji contended that the scientific literature remains too limited to establish...
June 18, 2020
Video and Slides Available from National Academies Briefing Webinar on Quadrennial Review of NNI
On June 9, 2020, the National Academies of Sciences, Engineering, and Medicine (National Academies) held a briefing webinar featuring its report, A Quadrennial Review of the National Nanotechnology Initiative. During the webinar, members of the ad hoc National Academies committee discussed how U.S. nanotechnology programs compare to those in other nations, whether coordination under the National Nanotechnology Initiative (NNI) should continue, and how to improve the NNI’s...
On June 9, 2020, the National Academies of Sciences, Engineering, and Medicine (National Academies) held a briefing webinar featuring its report, A Quadrennial Review of the National Nanotechnology Initiative. During the webinar, members of the ad hoc National Academies committee discussed how U.S. nanotechnology programs compare to those in other nations, whether coordination under the National Nanotechnology Initiative (NNI) should continue, and how to improve the NNI’s...
The Consumer Product Safety Commission (CPSC) will hold a public webinar on July 1, 2020, to receive information from interested parties about changes to CPSC’s Publicly Available Consumer Product Safety Information Database, www.SaferProducts.gov, that are in development to improve the website’s usefulness and navigability. CPSC states in its June 18, 2020, Federal Register notice that based, in part, on input from a March 2019 public hearing, CPSC is holding the webinar to show the...
The Consumer Product Safety Commission (CPSC) will hold a public webinar on July 1, 2020, to receive information from interested parties about changes to CPSC’s Publicly Available Consumer Product Safety Information Database, www.SaferProducts.gov, that are in development to improve the website’s usefulness and navigability. CPSC states in its June 18, 2020, Federal Register notice that based, in part, on input from a March 2019 public hearing, CPSC is holding the webinar to show the...
On June 16, 2020, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2020 Green Chemistry Challenge Awards. EPA states that this year’s winners “have developed new and innovative green chemistry technologies that turn potential environmental challenges into business opportunities, spurring innovation and economic development.” The 2020 winners and their innovative technologies are: Genomatica, San Diego, California, for creating Brontide™, a...
On June 11, 2020, the U.S. Environmental Protection Agency (EPA) announced in a press release that it issued stop sale, use, or removal orders (SSURO) to Amazon.com Services LLC (Amazon) and eBay, Inc. (eBay) for selling certain pesticide products that EPA claims are unregistered, misbranded, or restricted-use pesticides, and pesticide devices that EPA asserts make false or misleading claims. The SSUROs address over 30 products sold on Amazon and over 40...
By Lynn L. Bergeson and Carla N. Hutton On June 16, 2020, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2020 Green Chemistry Challenge Awards. EPA states that this year’s winners “have developed new and innovative green chemistry technologies that turn potential environmental challenges into business opportunities, spurring innovation and economic development.” The 2020 winners and their innovative technologies are: Genomatica,...
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. As we are now into June, Toxic Substances Control Act (TSCA) aficionados will be quick to note that “new TSCA” is now almost four years old. Passage in June 2016 of the Frank R. Lautenberg Chemical Safety for the 21st Century Act occasioned EPA’s implementation of a law that has transformed industrial chemical...
The European Union (EU) Observatory for Nanomaterials (EUON) posted a Nanopinion on June 12, 2020, entitled “Pigments: The oldest nanomaterials in human history facing modern day challenges.” Dr. Heike Liewald, Managing Director, Eurocolour e.V., and Giuliana Beck, Advisor, German association of producers of pigments and fillers, describe how the introduction of nano-specific requirements in statutes has significantly increased the regulatory burden. The authors state that...
On June 8, 2020, the U.S. Environmental Protection Agency (EPA) announced the issuance of an existing stocks order under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 6(a)(1) governing further sale, distribution, and use of existing stocks of three reduced volatility dicamba products (XtendiMax®, EngeniaTM, and FeXapanTM) with conditional registrations that were vacated by the June 3, 2020, decision of the Ninth Circuit Court of Appeals in National Family...
The U.S. Environmental Protection Agency (EPA) announced on June 12, 2020, that it is opening a public comment period for a manufacturer-requested risk evaluation of octamethylcyclotetra-siloxane (D4), a chemical used to make other silicone chemicals and as an ingredient in some personal care products. EPA states that the manufacturer-requested risk evaluation of D4 is the third evaluation of this kind to be requested under the amended Toxic Substances Control Act (TSCA). EPA...
June 12, 2020
Bench Trial in Challenge to EPA’s Denial of Fluoride Petition Will Resume on June 15 and Is Available Online
The U.S. District Court for the Northern District of California began hearing oral arguments on June 8, 2020, in a case seeking a rulemaking under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the addition of fluoridation chemicals to drinking water supplies. Food & Water Watch, Inc. v. EPA, Case No. 3:17-cv-02162-EMC. The plaintiffs filed suit following the U.S. Environmental Protection Agency’s (EPA) denial of a TSCA Section 21 petition requesting it to...
By Lynn L. Bergeson From June 15-19, 2020, the American Chemical Society (ACS) will be hosting its annual Green Chemistry and Engineering (GC&E) Conference virtually. On June 15, 2020, from 1:00 p.m. to 4:30 p.m. (EDT), during the “Enabling a Circular Economy for Materials in the Consumer Goods Industry,” Richard E. Engler, Ph.D., B&C’s Director of Chemistry, will proudly present his abstract titled “Road-map for Innovators - Commercialization in a Circular...
By Lynn L. Bergeson On June 4, 2020, the Missouri Agricultural and Small Business Development Authority (MASBDA) announced the creation of the Biofuel Infrastructure Program (BIP). Designed to increase the availability of higher blends of ethanol and biodiesel in Missouri, BIP partners with private entities to support biofuel producers in applying for U.S. Department of Agriculture (USDA) Rural Development’s Higher Blends Infrastructure Investment Program (HBIIP) funding. The MASBDA Board...
By Lynn L. Bergeson On June 11, 2020, the U.S. Environmental Protection Agency (EPA) announced that its Pollution Prevention (P2) Awards Program is planning to submit an information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval. Before proceeding with the ICR, however, EPA is soliciting public comments on specific aspects of the proposed ICR. EPA’s P2 Program consists of a voluntary program that encourages businesses and facilities to adopt...
June 10, 2020
France Intends to Improve the Identification and Assessment of Manufactured Nanomaterials in Food
On June 9, 2020, the French National Agency for Food, Environmental, and Occupational Health Safety (ANSES) issued a press release, in French, proposing an inventory of manufactured nanomaterials in food. According to ANSES, manufactured nanomaterials are used in food: As additives to improve the appearance and palatability of the product; As food contact materials to improve food packaging; and As nutrient-oriented ingredients that may be present at the nanoscale. ANSES used data...
On June 3, 2020, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a final significant new use rule (SNUR) on long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate (PFAS) chemical substances. On March 3, 2020, EPA published a proposed supplemental SNUR for LCPFAC chemical substances that would make inapplicable the exemption for persons who import a subset of LCPFAC chemical substances as part of surface...
June 9, 2020
EPA OIG Report States Further Efforts Needed to Uphold Scientific Integrity Policy at EPA
On May 20, 2020, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report entitled Further Efforts Needed to Uphold Scientific Integrity Policy at EPA. OIG conducted an Agency-wide survey to determine whether EPA’s Scientific Integrity Policy is being implemented as intended to ensure scientific integrity throughout EPA. OIG received 4,320 responses (a 23.5 percent response rate), showing that 3,987 respondents were aware of or had some...
June 9, 2020
NIA Survey on “Advanced Materials” Terminology and Relevance to Nanomaterials Closes on June 12
The Nanotechnology Industries Association (NIA) began a survey on June 4, 2020, inviting commercial actors within the nanomaterials arena (producers, users, and professional providers) to contribute their organization’s perception and use of the term “Advanced Materials.” According to NIA, there is increasing policy focus on the term “Advanced Materials,” with national governments and international frameworks starting to discuss potential safety and regulatory...
The U.S. National Nanotechnology Initiative (NNI) will hold a webinar on June 24, 2020, on “Advances in self-powered wearable sensors: A biofuel-powered electronic skin.” NNI states that the development and commercialization of self-powered, battery-free sensors with wireless capabilities would represent a significant step toward meeting the requirements for next-generation biosensors, medical devices, and robotics. Dr. Wei Gao, California Institute of Technology, will...
June 6, 2020
Ninth Circuit Vacates EPA’s Renewal of Conditional Registrations for Lower Volatility Dicamba Formulations
On June 3, 2020, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an opinion in National Family Farm Coalition v. EPA, No. 19-70115, vacating the U.S. Environmental Protection Agency’s (EPA) 2018 decisions to extend the conditional registrations for three reduced volatility dicamba herbicides, Bayer’s XtendiMax, Corteva’s FeXapan, and BASF’s Engenia. The manufacturers of these dicamba products designed them to facilitate control of glyphosate...