Blogs

On April 21, 2021, the U.S. Environmental Protection Agency (EPA) announced the issuance of Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 18 emergency exemptions to the states of Georgia, Minnesota, and Utah permitting the use of BiaXamTM B110-V and BiaXamTM B110-P (BiaXam), adhesive film used as supplemental residual surface coating, in Delta Air Lines planes and facilities in those three states. According to the EPA Authorizations...

The U.S. Environmental Protection Agency (EPA) announced on April 19, 2021, that Univar Solutions USA, Inc. of Portland, Oregon, will pay a $165,000 penalty for violating the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) when it failed to label properly its “Woodlife 111” pesticide, which is used as a wood preservative.  EPA notes that under FIFRA, “a pesticide is misbranded if, ‘the labeling accompanying it does not contain directions for use which are necessary … to...

SAVE THE DATENEW TSCA AT FIVEVirtual ConferenceJune 30, 2021 This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. The Environmental Law Institute (ELI),...

The Nanotechnology Industries Association (NIA) has published a March 2021 position paper, A changing regulatory landscape and language for the nanoscale, that examines the transition from “nanomaterial” to “nanoforms” to reflect better the differences in nanomaterial properties both in relation to bulk counterparts and to nanoforms of the same substance.  In the paper, NIA describes a transition phase where the language of nanoforms is used more widely and examples of nanoform...

On April 16, 2021, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) posted two preliminary opinions for comment:  Opinion on Gold (nano), Colloidal Gold (nano), Gold Thioethylamino Hyaluronic Acid (nano) and Acetyl heptapeptide-9 Colloidal gold (nano) and Opinion on Platinum (nano), Colloidal Platinum (nano) and Acetyl tetrapeptide-17 Colloidal Platinum (nano).  The EC asked SCCS whether the nanomaterials gold and colloidal gold, gold...

On March 31, 2021, the Product Stewardship Society (PSS) presented “Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times.” Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and PSS President, moderated a lively and informative discussion identifying the broad range of complex, unresolved, and evolving issues product stewards have faced and continue to face because of the pandemic. Presenters included: Al Iannuzzi, Ph.D., Vice...

The U.S. Consumer Product Safety Commission (CPSC) announced on April 12, 2021, that it will hold a public webinar on April 28, 2021, to receive information from interested parties about updates CPSC is making to www.SaferProducts.gov/Business for reports filed electronically under Section 15(b) of the Consumer Product Safety Act (CPSA).  86 Fed. Reg. 18966.  The presentation will focus on Section 15(b) reporting for the purposes of entering the Fast Track Recall...

On April 12, 2021, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on hydroxyapatite (nano).  The EC asked whether SCCS considers the nanomaterial hydroxyapatite safe when used in leave-on and rinse-off dermal and oral cosmetic products according to the maximum concentrations and specifications reported, taking into account reasonably foreseeable exposure conditions.  SCCS states that having considered the data provided, and...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. National Renewable Energy Laboratory (NREL) researchers are leading analyses of recycling, repairing, and reusing solar photovoltaic (PV) installations in support of NREL’s mission to incentivize a circular economy for energy materials.  According to NREL, the increase in the installation of PV systems is leading to environmental and supply chain concerns because the technology relies on imports and mining of raw...

On April 8, 2021, the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit information on the current pesticide exemption provision process.  86 Fed. Reg. 18232.  EPA announced its intent to issue this ANPR on January 19, 2021, as discussed here.  The issuance of the ANPR was paused following the Biden Administration’s Executive Orders requiring agencies to review their rules and policies to ensure...

On March 31, 2021, the U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use or Removal Order (SSURO) to ViaClean Technologies (ViaClean), operating in Philadelphia, regarding the sales, distribution, and marketing of the pesticide BioProtect RTU with claims that it is effective against surfaces from public health-related pathogens such as SARS-CoV-2, the virus that causes COVID-19. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), products that claim...

 The U.S. Environmental Protection Agency (EPA) announced on April 8, 2021, that it is releasing an updated toxicity assessment for perfluorobutane sulfonic acid (PFBS), which is a member of the group of per- and polyfluoroalkyl substances (PFAS).  EPA states that this PFBS assessment is part of its commitment to restore scientific integrity to all of the Agency’s actions and increase the amount of research and information available to the public on PFAS.  According to EPA’s...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 25, 2021, researchers from the University of Maryland Department (UMD) of Materials Science and Engineering (MSE) published, in Nature Sustainability, a study titled “A strong, biodegradable and recyclable lignocellulosic bioplastic.”  The study outlines UMD MSE’s new in situ lignin regeneration strategy that synthesizes a high-performance bioplastic from lignocellulosic resources such as...

By  Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On April 5, 2021, U.S. Senators Amy Klobuchar (D-MN) and Joni Ernst (R-IA), introduced a $500 million bill on biofuels infrastructure.  The bill, titled the Renewable Fuel Infrastructure Investment and Market Expansion Act, would create a grant program to aid fuel retailers in streamlining sales of fuels with higher ethanol blends.  These infrastructure grants would be available for five years.  Senator Klobuchar...

Registration is open for the U.S. National Nanotechnology Initiative’s (NNI) April 27, 2021, webinar on “What We Know about NanoEHS:  Environment.”  The webinar will feature experts from diverse disciplines to share their perspectives on key findings on the effects of engineered nanomaterials in the environment.  Elijah Petersen, Ph.D., Research Scientist, National Institute of Standards and Technology (NIST), will moderate the panel, which will include: Jorge...

  SAVE THE DATE NEW TSCA AT FIVE Virtual Conference June 30, 2021   This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve. The Environmental Law Institute (ELI), the...

The International Organization for Standardization (ISO) published a news item on April 1, 2021, entitled “The Science of Tiny Little Things.”  According to the item, ISO has recently made some revisions and updates to its comprehensive 13-part series of International Standards for nanotechnology.  Updated standards include ISO/TS 80004-3, Nanotechnologies – Vocabulary – Part 3:  Carbon nano-objects, which defines terms and concepts for carbon...

The U.S. Environmental Protection Agency (EPA) announced on April 1, 2021, that it is extending the public comment period for a manufacturer-requested risk evaluation of octahydro-tetramethyl-naphthalenyl-ethanone (OTNE), a category of chemical substances consisting of four inseparable individual isomers.  As reported in our February 18, 2021, blog item, EPA notes that two chemicals in the OTNE category are considered persistent, bioaccumulative, and toxic (PBT)...

From June 14 through 18, 2021, the American Chemical Society Green Chemistry Institute (ACS GCI) will host its annual Green Chemistry & Engineering Conference. Fully virtual this year, the conference will include live sessions and poster presentations focused on green and sustainable chemistry and engineering under the 2021 theme of Sustainable Production to Advance the Circular Economy. Registration is now open via this link.

By Lynn L. Bergeson On April 8, 2021, from 12:00 to 1:30 p.m. (EDT), the Environmental Law Institute (ELI), in partnership with BioCycle and the American Biogas Council, will host a webinar titled “Food Scrap Recycling: Opportunities and Realities of Anaerobic Digestion.” The webinar will focus on anaerobic digestion and its ability to create biogas and digestate that can be used as renewable energy products. Registration is required via this link.