Blogs

On July 5, 2024, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Vinyl Institute, Inc. v. EPA (No. 22-1089). As reported in our May 31, 2022, blog item, on May 23, 2022, the Vinyl Institute, Inc. (VI) filed suit against the U.S. Environmental Protection Agency (EPA), seeking review of EPA’s March 2022 test order for 1,1,2-trichloroethane (1,1,2-TCA) issued under Section 4(a)(2) of the Toxic Substances Control Act (TSCA)....

On July 5, 2024, the U.S. Department of Agriculture (USDA) released its spring 2024 Unified Agenda, which includes the following items regarding biobased products and biotechnology:...

The House Committee on Oversight and Accountability will hold a full committee hearing on July 10, 2024, on “Oversight of the U.S. Environmental Protection Agency.” According to the Committee’s July 3, 2024, press release, “[t]he hearing will conduct oversight and gather information from U.S. Environmental Protection Agency (EPA) Administrator Michael Regan on the Biden Administration’s push of excessive environmental regulations and abuse of environmental protection authorities.”...

On June 27, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it recently reviewed the following plants modified using genetic engineering to determine whether they posed an increased plant pest risk relative to non-modified comparators: Plants modified for altered product quality: CoverCress, two pennycresses; Hjelle Advisors, rice; and Toolgen, soybean; Plant modified for increased yield: Inari, two soybeans; Plant modified...

The U.S. Department of Homeland Security’s (DHS) Cybersecurity and Infrastructure Security Agency (CISA) is hosting the fully virtual 2024 Chemical Security Seminars on July 11 and 18, 2024, from 10:00 a.m. – 3:00 p.m. (EDT). The sessions will cover a range of topics related to the security of dangerous chemicals. The preliminary agenda includes: The seminars are free to attend and open to the public....

As reported in our July 27, 2023, memorandum, in July 2023, the U.S. Environmental Protection Agency (EPA) proposed an expansion of the Safer Choice and Design for the Environment (DfE) programs to include certification of additional product categories. According to EPA’s website, “EPA thanks the many commenters for their input. EPA reviewed the comments and understands several categories are of interest to stakeholders and Safer Choice partners. With the 2024 decrease in EPA’s funding,...

The U.S. Department of Agriculture (USDA) seeks public input on procedures for the quantification, reporting, and verification of the effect of climate-smart farming practices on the greenhouse gas (GHG) net emissions estimates associated with the production of domestic (i.e., grown in the United States) agricultural commodities used as biofuel feedstocks. 89 Fed. Reg. 53585. According to USDA’ s June 27, 2024, notice, agricultural management practices that mitigate GHG emissions and/or...

On July 1, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “Celebrating 20 Years of the Nanotechnology Research Center: Highlights from Engineering Controls and Personal Protective Equipment,” part of a series commemorating the 20th anniversary of the Nanotechnology Research Center (NTRC). The item notes that NIOSH researchers “have conducted laboratory and field research to develop and implement science-based national...

The National Nanotechnology Initiative (NNI) and the National Nanotechnology Coordination Office (NNCO) are convening a July 24, 2024, workshop, “Responsible Development, Social Science, and the National Nanotechnology Initiative: A Workshop to Explore Past and Future Intersections.” According to NNI, the workshop will bring together federal experts in nanotechnology with social scientists with expertise on specific tools and frameworks relevant to the responsible development of emerging...

On June 25, 2024, the U.S. Environmental Protection Agency (EPA) announced the issuance of a final cancellation order for Corteva’s chlorpyrifos product “Dursban 50W in Water Soluble Packets” and three Gharda chlorpyrifos products, and an amendment to the existing stocks provisions for two Liberty and three Winfield chlorpyrifos end-use products. EPA also states that it has updated its frequently asked questions about chlorpyrifos. In a final rule issued in August 2021, EPA revoked all...

The White House Office of Science and Technology Policy (OSTP) published a fact sheet on June 25, 2024, on the Biden-⁠Harris Administration’s actions to advance American biotechnology and biomanufacturing. According to the fact sheet, on June 25, 2024, the White House, members of the National Bioeconomy Board, and the U.S. Departments of Energy (DOE), Defense (DOD), and Agriculture (USDA) convened major biotechnology and biomanufacturing companies, nonprofits, and other stakeholders to...

The Minnesota Department of Health (MDH) recently noted that Health Risk Assessment scientists at MDH have published two articles in the Journal of Environmental Exposure Assessment related to per- and polyfluoroalkyl substances (PFAS): MDH notes that the work was supported by the Clean Water Fund, funded by the 2008 Clean Water, Land and Legacy Amendment....

Bergeson & Campbell, P.C.’s (B&C®) June 18, 2024, webinar, “There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e),” is now available for on-demand viewing. During this one-hour webinar Dave Turk, Supervisor for the Toxics Release Inventory (TRI) Regulatory and Policy Branch, U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT); Stephanie Griffin, Acting Supervisor of the Data Collection Branch, EPA...

During the June 26, 2024, “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute, (ELI), and the George Washington University Milken Institute School of Public Health, Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA) provided the keynote address. During her remarks, Freedhoff announced four new initiatives...

The U.S. Department of Agriculture’s (USDA) Animal and Health Inspection Service (APHIS) announced on June 25, 2024, that it will soon publish a request for information (RFI) in the Federal Register, beginning a 60-day public comment period. According to APHIS, the RFI will explore options to reduce the regulatory burden for modified microbes. APHIS states that it developed the RFI in response to stakeholder requests. Specifically, APHIS will request comments to help identify: According to...

The European Chemicals Agency (ECHA) is evaluating the function of the European Union (EU) Observatory for Nanomaterials (EUON). As part of its evaluation, ECHA is conducting a survey to collect responses from EUON website visitors and stakeholders. The survey includes questions concerning evaluation criteria such as use, effectiveness, coherence, EU-added value, and utility. The survey notes that under an ongoing legislative proposal, the European Commission (EC) foresees setting up a common...

The Minnesota Pollution Control Agency (MPCA) will hold two public webinars in July to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032: As reported in our January 12, 2024, blog item, MPCA published a request for comments (RFC) on planned new rules governing CUU determinations for products containing PFAS. According to the RFC, the main purpose of...

On June 12, 2024, the European Chemicals Agency (ECHA) announced that it updated its report on key areas of regulatory challenge, providing more detailed information on areas where scientific research is needed to protect human health and the environment from hazardous chemicals. The report addresses micro- and nano-size materials, stating: The report’s section on analytical methods of enforcement uses characterization of nanomaterials, including advanced nanomaterials, as an example of an...

On June 10, 2024, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the availability of a draft Pesticide Registration Notice entitled Revised Procedures for Citing Data to Support Pesticide Registrations (EPA Forms No. 8570-34 and 8570-35) (Draft PR Notice). 89 Fed. Reg. 48893. EPA states that this Draft PR Notice will supersede PR Notice 98-5, entitled New Forms for the Certification with Respect to Citation of Data,which was issued on June...

The U.S. Environmental Protection Agency (EPA) announced on June 13, 2024, the change in the peer review mechanism from the letter peer review to a Science Advisory Committee on Chemicals (SACC) peer review; the addition of the draft human health hazard assessment for 1,2-dichloroethane for peer review; and the availability of and solicitation of comment on the list of candidates under consideration for selection as ad hoc peer reviewers that will assist SACC with its...

The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the Committee on Technology, National Science and Technology Council (NSTC), requested comments on June 13, 2024, on the “National Nanotechnology Initiative Environmental, Health, and Safety Research Strategy: 2024 Update” (2024 Update). 89 Fed. Reg. 50390. NNCO states that federal agencies participating in NSET’s Nanotechnology Environmental and...

The National Nanotechnology Initiative (NNI) will hold a webinar on June 27, 2024, on “What’s Next in NanoEHS: Risk Assessment and Risk Management.” During the webinar, rising nanotechnology environmental, health, and safety (nanoEHS) experts Nathan Drew, National Institute for Occupational Safety and Health (NIOSH), and Yueyang “Brian” Zhang, Vireo Advisors, LLC, will share their perspectives on the new tools, approaches, and models that are being developed to assess and manage...

TSCA Reform — Eight Years LaterJune 26, 2024, 8:00 a.m. – 4:30 p.m. (EDT) In person at George Washington University Milken Institute School of Public Health, Washington, D.C.,and virtually via livestream Register now to attend in person or virtually the complimentary “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of...

On June 11, 2024, the U.S. Environmental Protection Agency (EPA) published proposed significant new use rules (SNUR) for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to a TSCA Order, including multi-walled carbon nanotubes (generic) (P-21-216 and P-21-217). 89 Fed. Reg. 49121. The SNURs would require persons who intend to manufacture (including import) or process any of these chemical substances for an activity that is proposed as a...

On June 10, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed the U.S. District Court for the Eastern District of North Carolina’s decision to dismiss a case challenging the U.S. Environmental Protection Agency’s (EPA) response to a petition seeking a test order for 54 per- and polyfluoroalkyl substances (PFAS) for lack of jurisdiction. CEH v. EPA, No. 23-1476. The district court granted EPA’s motion to dismiss, finding that EPA granted the petition...

On May 31, 2024, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) issued Notice 2024-49 for the Clean Fuel Production Credit. The Inflation Reduction Act allows a credit for the production of clean transportation fuels beginning on January 1, 2025. For purposes of the Clean Fuel Production Credit, transportation fuel is divided into two broad categories of fuel: sustainable aviation fuel (SAF) and non-SAF transportation fuel. According to the IRS,...

Register now to join Dave Turk, Supervisor for the Toxics Release Inventory (TRI) Regulatory and Policy Branch, EPA Office of Pollution Prevention and Toxics (OPPT); Stephanie Griffin, Acting Supervisor of the Data Collection Branch, EPA OPPT; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Lynn L. Bergeson, Managing Partner, B&C, for “There Is More to TSCA Reporting Than CDR: TSCA Sections 8(a), (c), (d), and (e).” The U.S. Environmental Protection Agency (EPA) has...

Cherokee Concerned Citizens watchers will be interested to know that on June 6, 2024, the U.S. Environmental Protection Agency (EPA) filed an unopposed motion in the U.S. Court of Appeals for the District of Columbia Circuit to extend the deadlines in Cherokee Concerned Citizens v. EPA, (No. 23-1096). As reported in our April 17, 2023, blog item, Cherokee Concerned Citizens filed suit in April 2023 seeking review of an Order for a New Chemical Substance...

Please note that the date of this webinar has moved forward one day, from Wednesday, June 12, 2024, to Thursday, June 13, 2024, 11:00 a.m. – 12:00 p.m. (EDT). Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Sponsor’s Role in Regulatory Testing — Complying with GLP Standards,” a complimentary webinar covering the roles and responsibilities of Study Sponsors, as defined by Good Laboratory Practices (GLP) regulations and related...

On May 28, 2024, the U.S. Government Accountability Office (GAO) publicly released a report entitled Priority Open Recommendations: Environmental Protection Agency. According to the report, since GAO’s May 2023 letter, the U.S. Environmental Protection Agency (EPA) implemented four of GAO’s 15 open priority recommendations, including three recommendations related to assessing and controlling toxic chemicals: GAO’s report states that in April 2023, it issued its biennial update to its...

The National Institute for Occupational Safety and Health (NIOSH) continues to celebrate the 20th anniversary of its Nanotechnology Research Center (NTRC). NIOSH highlights NTRC activities in the risk assessment of engineered nanomaterials in a June 3, 2024, NIOSH Science blog item entitled “NIOSH Risk Assessment of Engineered Nanomaterials.” The item notes that NTRC risk assessments were used in developing NIOSH recommended exposure limits (REL) for three different classes of nanomaterials...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on May 30, 2024, that it recently reviewed the following plants modified using genetic engineering to determine whether they pose an increased plant pest risk relative to non-modified comparators: APHIS states that it found that “these modified plants were unlikely to pose an increased plant pest risk compared to other cultivated plants.” As a result, they are not subject to regulation...

Please note that the date of this webinar has moved forward one day, from Wednesday, June 12, 2024, to Thursday, June 13, 2024, 11:00 a.m. – 12:00 p.m. (EDT). Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Sponsor’s Role in Regulatory Testing — Complying with GLP Standards,” a complimentary webinar covering the roles and responsibilities of Study Sponsors, as defined by Good Laboratory Practices (GLP) regulations and related advisory...

On May 23, 2024, the National Security Commission on Emerging Biotechnology (NSCEB) issued a press release applauding its Congressional Commissioners — Senators Alex Padilla (D-CA) and Todd Young (R-IN) and Representatives Stephanie Bice (R-OK) and Ro Khanna (D-CA) — for introducing the legislative recommendations from its first report. The press release states that recognizing that food security and agricultural supply chains are key elements of national security, NSCEB developed...

On June 12, 2024, the U.S. Department of Energy (DOE) Bioenergy Technologies Office’s (BETO) Chemical Catalysis for Bioenergy Consortium (ChemCatBio) will hold a webinar on artificial intelligence (AI) for catalysis. BETO states that “AI has the potential to play a crucial role in accelerated catalyst design, discovery, and optimization of chemical processes for decarbonization.” Using AI tools such as machine learning, deep learning, and large language models, “researchers can uncover...

The Internal Revenue Service (IRS) published a notice of determination on May 31, 2024, that the list of taxable substances is modified to include polyoxymethylene. 89 Fed. Reg. 47238. As reported in our December 29, 2022, blog item, the IRS announced in December 2022 that it received a petition requesting the addition of polyoxymethylene to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. Celanese Ltd., an exporter of polyoxymethylene, submitted...

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) began a public consultation on May 27, 2024, on its preliminary opinion on a new coating for titanium dioxide (nano form). According to the preliminary opinion, SCCS concluded that: Comments are due July 22, 2024....

Public Employees for Environmental Responsibility (PEER) announced on May 28, 2024, that it filed a request for correction (RFC) under the Information Quality Act (IQA) regarding a U.S. Environmental Protection Agency (EPA) research memorandum entitled “Verification Analysis for PFAS in Pesticide Products (ACB Project B23-05b)” dated May 18, 2023, and the accompanying press release. As reported in our June 2, 2023, memorandum, EPA completed a verification analysis of a study published in...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 23, 2024, that it released a Summary Report from a September 2023 Request for Information (RFI) on building supply chains to meet Sustainable Aviation Fuel (SAF) Grand Challenge goals. The RFI requested input from industry, academia, national laboratories, government agencies, and other stakeholders to identify opportunities for developing effective supply chains capable of meeting the SAF Grand...

On May 24, 2024, the California Department of Pesticide Regulation (DPR) issued California Notice 2024-10 announcing that the U.S. Environmental Protection Agency (EPA) and DPR have made recent policy changes regarding state-specific language on pesticide labels intended to reduce delays related to state-specific uses. As part of DPR’s evaluation process when reviewing a new registration application, DPR may determine there are not sufficient data to support registration of a specific use in...

The U.S. Environmental Protection Agency (EPA) announced on May 23, 2024, that it has updated the Toxic Substances Control Act (TSCA) Inventory. EPA states that this biannual update to the public TSCA Inventory is part of its regular posting of non-confidential TSCA Inventory data. EPA notes that this update coincides with the 2024 Chemical Data Reporting (CDR) cycle submission period beginning June 1, 2024. According to EPA, “[m]anufacturers (including importers) should refer to the latest...

On May 23, 2024, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published a document entitled “Scientific Advice on Titanium dioxide (TiO2).” The document 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 products? A: From the provided information, SCCS notes that the titanium...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 22, 2024, that it awarded $2.18 million in funding to four additional projects as part of the Feedstock-Conversion Interface Consortium (FCIC) 2023 Cooperative Research and Development Agreement (CRADA) call. BETO states that the FCIC, funded and led by BETO, is a consortium of researchers at nine national laboratories dedicated to reducing the technical risks of biorefinery scale-up. BETO notes that...

On April 16, 2024, Governor Janet Mills (D) signed LD 1537, amending An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution. On May 20, 2024, the Maine Department of Environmental Protection (MDEP) updated its “PFAS in Products” web page to reflect the amendments, which include eliminating the general notification requirement that was scheduled to take effect January 1, 2025. The legislation also creates new sales prohibitions for products with intentionally added per- and...

On May 20, 2024, the Public Employees for Environmental Responsibility (PEER) announced that on May 17, 2024, they filed a notice of intent to sue (NOI) the U.S. Environmental Protection Agency (EPA) “to stop the manufacture and distribution of hundreds of millions of plastic containers with dangerous levels of a carcinogenic per-and polyfluoroalkyl substance (PFAS) called perfluorooctanoic acid (PFOA).” Filed with the Center for Environmental Health (CEH), the NOI states that EPA “has...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on May 7, 2024, the release of the “Progression of Net-Zero Emission Propulsion Technologies for the Off-Road Sector Request for Information” (RFI). Jointly released with DOE’s Vehicle Technologies Office (VTO) and Hydrogen and Fuel Cell Technologies Office (HFTO), the purpose of the RFI is to understand the off-road sector alternative propulsion technology preferences, technologies that seem most...

The U.S. Environmental Protection Agency (EPA) published a final rule on May 17, 2024, to update the list of chemicals subject to Toxics Release Inventory (TRI) reporting to include seven additional per- and polyfluoroalkyl substances (PFAS) for Reporting Year 2024(reporting forms due by July 1, 2025). 89 Fed. Reg. 43331. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a provision that automatically adds PFAS to the TRI list upon EPA’s adoption of...

On April 29, 2024, the German Environment Agency (UBA) posted an item entitled “ZnO nanoforms – REACH substance evaluation: environmental aspects.” The Federal Office for Chemicals, the Federal Institute for Risk Assessment (BfR), and UBA have been conducting a Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) substance evaluation on the registered nanoforms of zinc oxide since 2017. According to the item, based on the studies submitted by the registrants,...

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period will begin June 1, 2024, and end September 30, 2024. On May 16, 2024, EPA announced the creation of CDR GuideME, a new resource portal, and improvements to the reporting tool to make the reporting process easier. Data that must be reported include information concerning the manufacturing, processing,...

On May 3, 2024, the U.S. Environmental Protection Agency (EPA) announced it received an application from Bayer CropScience LP for a new product containing the currently registered active ingredient dicamba. The proposed product includes use of dicamba on dicamba-tolerant soybeans and cotton. EPA is announcing a 30-day public comment period consistent with Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 3(c)(4) because the proposed product involves a new use pattern for...