Blogs

Register now to join Bergeson & Campbell, P.C. (B&C®) for “What to Expect When You Don’t Know What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2025,” a complimentary webinar offering our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2025. The return of President-elect Trump for a second term instantly raises important questions: will the Senate defer some of its traditional roles as a...

The U.S. Environmental Protection Agency (EPA) announced on December 5, 2024, that it published updates to its Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing (Recommendations). EPA notes that this is the first time in almost ten years that it has comprehensively evaluated private-sector standards and ecolabels and expanded the Recommendations. According to EPA, the Recommendations “help buyers cut through the clutter to identify thousands of products and...

On December 11, 2024, the U.S. District Court for the District of Columbia dismissed a suit filed against the U.S. Environmental Protection Agency (EPA) seeking a rule under Section 6 of the Toxic Substances Control Act (TSCA) to prohibit the production of perfluorooctanoic acid (PFOA) during Inhance Technologies, LLC’s (Inhance) fluorination process. Public Employees for Environmental Responsibility (PEER) v. Regan (No. 2024-2194). As reported in our July 30, 2024, blog item, PEER and the...

On December 12, 2024, the U.S. Environmental Protection Agency (EPA) issued several final significant new use rules (SNUR) for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 100361. Two of the SNURs are for substances identified generically as multi-walled carbon nanotubes (PMN P-21-216 and PMN P-21-217). The SNURs require persons who...

Mark Hartman, the highly respected Deputy Director for Programs in the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), will become Director of the U.S. Food and Drug Administration’s (FDA) Office of Food Chemical Safety, Dietary Supplements, and Innovation (OFCSDSI) in its newly formed Human Foods Program (HFP). According to FDA’s website, OFCSDSI “uses a risk-based approach to food chemical safety and dietary supplement policy and...

On December 6, 2024, the U.S. Environmental Protection Agency (EPA) announced that it has issued its first voucher under its Vector Expedited Review Voucher (VERV) Program as a result of a recent approval by EPA of a new active ingredient, Wolbachia pipientis wAlbB strain. The VERV Program, which is required by the Pesticide Registration Improvement Act of 2022 (PRIA 5) and announced in December 2023, was developed in response to ongoing challenges with mosquito control...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) announced a proposed rule to revoke all tolerances for chlorpyrifos except for those tolerances associated with the 11 food and feed crops that remain registered. 89 Fed. Reg. 99184. EPA is taking this action in response to a decision by the U.S. Court of Appeals for the Eighth Circuit. Comments on the proposed rule are due on or before February 10, 2025. Comments can be...

While Election Day was November 5, 2024, the final results of the races for Congress were announced on Tuesday, December 3, 2024. Representative-elect Adam Gray (D-CA) narrowly defeated Representative John Duarte (R-CA), resulting in one of the smallest margins in history (220-215) to begin the 119th Congress on January 3, 2025. That narrow margin will shrink by three seats in several steps beginning January 3, 2025. Former-Representative Matt Gaetz (R-FL) resigned from the 118th Congress...

On November 29, 2024, the U.S. Environment Protection Agency (EPA) issued a supplemental notice of proposed rulemaking (SNPRM) that would update the December 2, 2022, proposed significant new use rules (SNUR) for 17 per- and polyfluoroalkyl substances (PFAS) that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 94642. The SNURs would require persons who intend...

On December 2, 2024, the U.S. Environmental Protection Agency (EPA) released, and is seeking public comment on, its proposed guidance for antimicrobial pesticide registrants intended to improve the efficiency of Endangered Species Act (ESA) considerations for new active ingredients, new uses, and registration review actions for antimicrobial pesticides. Comments are due on or before January 1, 2025. EPA states that this guidance, when issued in final, will fulfill the requirements outlined in...

The Congressional Research Service (CRS) posted a November 30, 2024, update to its report entitled “Gene-Edited Plants: Regulation and Issues for Congress.” Gene-edited plants are regulated under the U.S. Coordinated Framework for Regulation of Biotechnology, which coordinates how the U.S. Department of Agriculture (USDA), the U.S. Food and Drug Administration (FDA), and the U.S. Environmental Protection Agency (EPA) regulate biotechnology products to ensure their safety. Over time, the...

On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and...

On December 4, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it acknowledges the U.S. District Court for the Northern District of California’s December 2, 2024, ruling prospectively vacating USDA’s May 2020 final rule for organisms developed using genetic engineering. National Family Farm Coalition, et al. v. Vilsack (No. 3:21-cv-05695-JD). As reported in our May 18, 2020, memorandum, the final Sustainable, Ecological,...

On November 29, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need to Know to Comply,” and our May 19, 2022, memorandum, “Reinstated Superfund...

The U.S. Environmental Protection Agency (EPA) has released the annual pesticide registration maintenance fee materials for fiscal year (FY) 2025. The deadline for payment of EPA’s annual maintenance fee for pesticide registration is January 15, 2025. Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance...

On November 20, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of its draft guidance for public comment to support registration and evaluation of efficacy claims for pre-saturated antimicrobial towelettes on hard non-porous surfaces such as stainless steel, metal, glass, hard plastic, or sealed wood, commonly seen in the market as “disinfecting wipes,” using a recently approved standard test method. The draft guidance is available at EPA-HQ-OPP-2024-0414-0004....

On December 11, 2024, the U.S. Department of Energy’s (DOE) Idaho National Laboratory (INL) will hold a webinar on its Bioenergy Feedstock Library, “a cornerstone database resource funded by DOE’s Bioenergy Technologies Office (BETO), and how it supports bioenergy research.” According to DOE, the Bioenergy Feedstock Library provides information and knowledge on over 100,000 bioenergy feedstock samples, supporting U.S. bioeconomy development by providing standardized data on biomass...

The Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight of the U.S. Senate Committee on Environment and Public Works will hold a hearing on December 5, 2024, titled “Examining the Public Health Impacts of PFAS Exposures.” The Subcommittee will hear from the following witnesses: As reported in our October 9, 2024, blog item, this hearing, which was originally scheduled for September 26, 2024, was postponed September 25, 2024, when Congress...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on November 13, 2024, that it added modifications a plant may contain and qualify for exemption from regulations governing movement of organisms modified or produced using genetic engineering because the modifications are achievable through conventional breeding. 89 Fed. Reg. 89569. As reported in our November 16, 2023, blog item, APHIS had proposed five types of modifications: According to...

The U.S. Department of Energy (DOE) announced on November 13, 2024, the release of its latest Pathways to Commercial Liftoff report, “Pathways to Commercial Liftoff: Sustainable Aviation Fuel,” which analyzes the technical and commercial readiness of several sustainable aviation fuel (SAF) production pathways and highlights steps that both the public and private sector can take to make the United States a global leader in SAF production as soon as 2030. According to DOE, key findings...