Blogs

The Internal Revenue Service (IRS) announced on July 17, 2023, that it received a petition requesting that methyl ethyl ketoxime (MEKO) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 88 Fed. Reg. 45454. The petitioner is AdvanSix Inc., an exporter of MEKO. The notice includes the following description of the petition: According to the petition, MEKO is a clear liquid and a high-efficiency, anti-skinning agent that is used for...

On June 22, 2023, the White House Office of Science and Technology Policy (OSTP) published its Scientific Integrity Policy, which was adopted on May 17, 2023. The purpose of the policy “is to provide instruction and guidance to enhance and promote a continuing culture of scientific integrity” at OSTP. The policy aims to ensure the integrity of all aspects of OSTP scientific activities and establishes the expectations and procedures required to maintain scientific integrity at...

On June 29, 2023, 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 -- Seven Years Later.” This virtual conference marked the seventh Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) and where...

The Organization for Economic Cooperation and Development (OECD) announced on July 4, 2023, that it published a number of new, updated, and corrected Test Guidelines (TG), including the following for nanomaterials: TG No. 126: Determination of the Hydrophobicity Index of Nanomaterials through an Affinity Measurement: This new TG describes a method to determine the hydrophobicity index (Hy) of nanomaterials, through an affinity measurement. OECD states that hydrophobicity is defined as...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on June 27, 2023, that it recently reviewed soybean, tomato, and potato plants modified using genetic engineering. APHIS reviewed the plants to determine whether they presented an increased plant pest risk compared to similar cultivated soybean, tomato, and potato plants: InnerPlant modified two soybean plants and one tomato plant to...

On June 16, 2023, the National Academies of Sciences, Engineering, and Medicine (NASEM) announced the release of a new report providing an overview of new approach methods (NAM) in human health risk assessment of chemicals and calling on the U.S. Environmental Protection Agency (EPA) to develop a framework for evaluating and building trust in NAMs. NASEM states that some pollutants, such as lead, benzene, and ozone, are well studied, enabling EPA to characterize their hazards and risks to...

Switzerland’s Federal Office of Public Health (FOPH) has updated its precautionary matrix for synthetic nanomaterials, which is a method for assessing the nano-specific health and environmental risks of nanoproducts. According to FOPH, the precautionary matrix enables the structured assessment of the “nano-specific need for precautions” when handling synthetic nanomaterials. The precautionary matrix is designed “to help industry and trade comply with their due diligence and their...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) hosted its 2023 Project Peer Review on April 3-7, 2023. During the event, more than 280 projects in BETO’s research, development, and demonstration portfolios presented their progress and accomplishments to the public and were reviewed by more than 50 external subject-matter experts from industry, academia, and federal agencies. The 2023 Project Peer Review...

On July 7, 2023, Earthjustice, on behalf of its clients, announced that it notified the U.S. Environmental Protection Agency (EPA) of its intent to sue for missing the statutory deadlines under the Toxic Substances Control Act (TSCA) for EPA to evaluate the risks to public health posed by 22 toxic chemicals. Earthjustice states that until EPA completes the overdue risk evaluations, “some of the most dangerous and widely used chemicals on the market will remain unregulated under [TSCA].”...