October 13, 2023

Uhlmann Confirms EPA Will Not Pursue PFAS Enforcement Actions against Farmers, Public Airports, and Municipal Wastewater Facilities

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...
October 12, 2023

White House OSTP Posts Readout of Nanotechnology Infrastructure Leaders Summit

On October 6, 2023, the White House Office of Science and Technology Policy (OSTP) posted a readout of the first-of-its-kind Nanotechnology Infrastructure Leaders Summit, held at the White House’s Eisenhower Executive Office Building on September 11, 2023. According to OSTP, the meeting included the leadership of 35 different user facilities, open research laboratories, and innovation institutes that “share the mission of facilitating access to cutting-edge tools and expertise that are...
October 12, 2023

ACC Submits Notice of Intent to File Suit for EPA to Complete Manufacturer-Requested Risk Evaluations for DINP and DIDP

The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...
October 12, 2023

Comments Due October 13, 2023, on EPA’s Proposal to Register Novel Pesticide Technology for Potato Crops

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with EPA’s approach to other novel pesticide products. EPA states that ledprona “is a new type of pesticide that relies on a natural mechanism — called RNA interference (RNAi) — used by plants and insects to protect against disease.” The proposed biopesticide...
October 11, 2023

EC Recommends Carrying Out Risk Assessment on Biotechnologies

The European Commission (EC) announced on October 3, 2023, that it adopted a Recommendation on critical technology areas for the European Union’s (EU) economic security, for further risk assessment with EU member states. According to the EC, the Recommendation relates to the assessment of technology risk and technology leakage. The EC states that the risk assessment “will be objective in character, and neither its results nor any follow-up measures can be anticipated at this stage.”...
October 11, 2023

California Governor Vetoes Bill Banning PFAS from Cleaning Products, Floor Sealers, and Floor Finishes

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...
October 10, 2023

EPA OPP Work Group Reconsidering 100-nm Threshold for Nanomaterials

Bergeson & Campbell, P.C. understands that the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) has formed a work group to review data and information related to whether the current 100-nanometer (nm) threshold for determining whether a substance is a nanomaterial should be reviewed. Our May 10, 2022, blog item reported on a May 2022 news item published by EPA, “Advancing EPA’s Understanding of the Next Generation of Pesticides.” According to the item,...
October 10, 2023

EPA Releases Final Guidance for New Pesticide Applications and Registration Review Activities That Require Endangered Species Act Reviews

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient applications and active ingredients undergoing registration review. EPA states this guidance fulfills requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5) and furthers goals outlined in EPA’s 2022 ESA Workplan to protect listed species from...
October 10, 2023

ACI Recognizes “Early Adopters” of Sustainable Feedstocks Initiative

On September 18, 2023, the American Cleaning Institute (ACI) recognized member companies that have been “early adopters” of its Sustainable Feedstocks Initiative, “aimed to drive the use of more sustainable feedstocks in cleaning product ingredients and products throughout the industry.” ACI states that the initiative focused on the top raw materials used in cleaning products. For the purposes of this initiative, ACI defines a sustainable feedstock as “a raw or recycled material...
October 10, 2023

EPA Will Launch New Substantiation Functionality in TSCA Applications in CDX

The U.S. Environmental Protection Agency (EPA) announced on October 6, 2023, that it is deploying application updates, supporting new requirements under the Toxic Substances Control Act (TSCA) Confidential Business Information (CBI) Procedural Rule, within its electronic reporting site Central Data Exchange (CDX). EPA states that the deployments will update the applications requiring CBI substantiations to be provided within the application instead of requiring substantiation documents/templates...