Blogs

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 in...

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: Potential...

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: Progress on rule development, July 18, 2024, 10:00 a.m. - 11:30 a.m. (CDT): Join MPCA staff for a presentation on preliminary rule writing for the PFAS in products reporting, fees, and currently unavoidable use (CUU) rules....

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: Why further research is needed: Critical test methods to address the human and environmental hazard and risk assessment of nanomaterials are still missing....

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 12, 1998....

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 peer review of EPA’s...

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 Public Health....

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 and that the court lacks...

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, the...

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 been using...

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 under Section 5 of the Toxic Substances...

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: In May 2023, EPA’s chemical assessment program provided information to its program...

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: Pioneer, corn with insect and herbicide resistance; CoverCress, pennycress with altered product quality; Qi Biodesign, soybean with altered product quality; and Michigan State University, two...

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 its first...

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 petition....

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: Considering all the provided information, SCCS is of the view that there are a number of uncertainties and data gaps that do not allow a conclusion on the safety of titanium dioxide (nano) coated with a combination of six percent by...

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 a final toxicity...

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, UBA has...

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, and...

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...

Chemical Watch’s “TSCA Fundamentals” course, taught by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), will provide in-depth training on the very latest Toxic Substances Control Act (TSCA) regulatory and policy developments, their impact, and how to anticipate their requirements, comply with the law, and remain commercially competitive. Chemical Watch will offer a 15% discount for B&C clients and friends. To redeem this discount, please...

By Barbara A. Christianson On May 8, 2024, the U.S. Environmental Protection Agency (EPA) announced that it will hold a virtual public meeting of the Pesticide Program Dialogue Committee (PPDC) on June 5 and June 6, 2024, from 11:00 a.m. to 5:00 p.m. (EDT). The meeting is open to the public, but registration to attend is required. Register to attend the meeting by May 29, 2024.To provide comments during the meeting, request special accommodations, or receive more information, please contact...

The House Energy and Commerce Subcommittee on the Environment, Manufacturing, and Critical Materials held a hearing on May 7, 2024, on “EPA’s RMP Rule: Failures to Protect the American People and American Manufacturing.” The May 3, 2024, hearing memorandum states that the U.S. Environmental Protection Agency’s (EPA) March 11, 2024, final rule amending the Risk Management Program (RMP) “include[s] several changes to the accident prevention program requirements for natural hazards, power...

On April 18, 2024, Representative Betty McCollum (D-MN) announced that she and Senator Dick Durbin (D-IL) introduced the Forever Chemical Regulation and Accountability Act (H.R. 8074, S. 4187), “bicameral legislation to address the excessive use of per- and polyfluoroalkyl substances (PFAS) across the nation’s supply chain, which has led to the harmful compounds contaminating water sources, as well as surrounding environments and communities.” According to McCollum’s press release, the...

The U.S. Environmental Protection Agency (EPA) announced on May 8, 2024, that, in collaboration with the PETA Science Consortium International (PSCI), the Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR), on Wednesday, May 29, 2024, it will hold a webinar on the use of new approach methodologies (NAM).  The webinar, “Advancing Eye Irritation Assessment with Non-Animal Methods for Industrial Chemicals and Agrochemicals: Progress at the US...

On April 22, 2024, the U.S. Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) issued a final rule amending the Federal Acquisition Regulation (FAR) to restructure and update the regulations to focus on current environmental and sustainability matters and to implement a requirement for agencies to procure sustainable products and services to the maximum extent practicable. 89 Fed. Reg. 30212. The final rule adds several...

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Application (NURA) program will hold a webinar on May 23, 2024, on “Validation, Qualification, and Regulatory Acceptance of New Approach Methodologies: An ICCVAM Report.” National Toxicology Program (NTP) Interagency Center for the Evaluation of Alternative Toxicological Methods (NICEATM) Director Dr. Nicole Kleinstreuer will present on the 2024 Interagency Coordinating Committee on...

The U.S. Department of Agriculture (USDA) announced on April 23, 2024, that it is funding more than 700 clean energy projects to lower energy bills, expand access to domestic biofuels, and create jobs and new market opportunities for U.S. farmers, ranchers, and agricultural producers. According to USDA, many of the projects are funded by President Biden’s Inflation Reduction Act, “the nation’s largest-ever investment in combating the climate crisis.” USDA is providing $238 million in...

The National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item on May 2, 2024, entitled “The Nanotechnology Research Center Carbon Nanotube Registry.” The NIOSH Nanotechnology Research Center (NTRC) maintains a Carbon Nanotube Registry, a roster of U.S. workers employed in various carbon nanotube industries. The item states that NIOSH developed the registry to help researchers better understand the average level and range of exposures in U.S. workplaces...

The Chemical Catalysis for Bioenergy Consortium (ChemCatBio), a U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) consortium, wants to hear questions, comments, or concerns to help find ways to increase the benefits and decrease the burden of new industry on communities. ChemCatBio states that to be successful in its mission, it needs to reduce barriers to deployment of new technologies and build or update chemical manufacturing. In alignment with government objectives, it...

On April 10, 2024, the U.S. Department of Energy’s Bioenergy Technologies Office (BETO) and Office of Fossil Energy and Carbon Management (FECM) announced the MACRO: Mixed Algae Conversion Research Opportunity funding opportunity announcement (FOA). According to BETO, the FOA will award up to $18.8 million to address research and development (R&D) challenges in converting algae, such as seaweeds and other wet waste feedstocks, to biofuels and bioproducts that can decarbonize domestic...

The Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on May 1, 2024, to review President Biden’s fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). The Subcommittee will hear from EPA Administrator Michael S. Regan. As reported in our March 15, 2024, Monthly Federal Developments Memorandum, according to EPA’s March 11, 2024, statement on President Biden’s FY 2025 budget, the $11 billion proposed for...

The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA Assistant Administrator. The Strategic Civil-Criminal Enforcement Policy sets forth requirements to ensure that EPA’s enforcement program maintains and strengthens the strategic partnership between civil and criminal enforcement. According to the Policy, to promote...