Blogs

The U.S. Environmental Protection (EPA) will hold a webinar on December 10, 2020, to educate stakeholders on the risk management process under the Toxic Substances Control Act (TSCA) and the findings in the final risk evaluation for carbon tetrachloride.  The webinar will also provide an opportunity for the public to provide input on considerations EPA should take into account for managing these unreasonable risks.  Registration is open.  Stakeholders who would like to provide oral...

By Lynn L. Bergeson On November 25, 2020, EPA announced the amendment of the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) regulations by extending the submission deadline for 2020 reports. CDR submissions are now due on January 29, 2021. According to EPA, this is the final extension, and it only applies to 2020 submissions. CDR regulations require manufacturers of certain chemical substances included on the TSCA Chemical Substance Inventory to report data on the...

By Lynn L. Bergeson On November 18, 2020, U.S. Representatives Cheri Bustos (D-IL) and Jim Hagedorn (R-MN) introduced a bipartisan, bicameral legislation that aims to lower greenhouse gas (GHG) emissions and encourage low-carbon fuel production. Titled “The Streamlining Advanced Biofuels Registration Act,” this bill would eliminate existing barriers for biofuels plants to increase production of cellulosic biomass into renewable fuels. Representative Bustos criticized the lack of...

By Lynn L. Bergeson On November 13, 2020, DOE’s EERE announced that the Co-Optimization of Fuels & Engines (Co-Optima) initiative issued a call for white papers. The Co-Optima initiative focuses on the development of new high-performance fuels that, when combined with advanced combustion approaches, can increase energy efficiency and reduce the carbon footprint. The initiative is seeking white papers to leverage National Laboratory resources and overcome technical challenges to...

By Lynn L. Bergeson On November 12, 2020, DOE issued its multi-year Hydrogen Program Plan aimed at providing a strategic framework for its hydrogen research, development, and demonstration (RD&D) efforts. A coordinated departmental effort, the Hydrogen Program focuses on the advancement of affordable production, transport, storage, and use of hydrogen across different economy sectors. Offices involved in this plan include DOE’s EERE, FE, NE, and the Advanced Research Projects...

By Lynn L. Bergeson On November 9, 2020, the U.S. Department of Energy’s (DOE) Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs office issued topics for its Fiscal Year (FY) 2021 SBIR/STTR Phase I Release 2 Funding Opportunity Announcement (FOA). Participating in the FOA are the following program offices: Office of Cyber Security, Energy Security, and Emergency Response (CESER); Office of Defense Nuclear Nonproliferation (NNSA); Office...

The January 15, 2021, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is approaching.  The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires that 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 fee to keep the registration in effect.  The maintenance fee...

On December 3, 2020, a workshop will be held on “Creating a NanoRisk Governance Council:  Stakeholder evaluation and feedback.”  The workshop is aimed at working with stakeholders to obtain their feedback on the services and on the four scenarios being discussed for the establishment of the proposed NanoRisk Governance Council.  The workshop will comprise a plenary session plus up to four breakout sessions.  Some information about the scenarios will be provided prior...

On November 30, 2020, Bloomberg Law Environment & Energy Report published a Practitioner Insight column entitled “The Toxic Substances Control Act Under Biden:  Impact on Tribal, Fenceline Populations” by Jeffery Morris, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and founder of Jeff Morris Solutions LLC.  Morris examines how the Biden Administration could apply the Toxic Substances Control Act’s (TSCA)...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on November 16, 2020, the results of a study on how citizens perceive nanomaterials and their potential risks to human health and the environment.  According to EUON, the study found that general awareness about the nature, characteristics, and properties of nanomaterials is low.  EUON notes that the level of awareness has increased compared to earlier surveys, however, and is expected to continue...

The U.S. Environmental Protection Agency (EPA) announced on November 20, 2020, the availability of a supplemental analysis to the draft risk evaluation of 1,4-dioxane under the Toxic Substances Control Act (TSCA).  85 Fed. Reg. 74341.  EPA states that it developed the supplemental analysis in response to public and peer review comments on the draft risk evaluation.  The supplemental analysis includes eight consumer uses, including surface cleaners, laundry/dishwashing detergents, and...

The U.S. Environmental Protection Agency (EPA) has extended the comment period for the revised draft risk evaluation for C.I. Pigment Violet 29 (PV29).  85 Fed. Reg. 74718.  As reported in our October 29, 2020, blog item, EPA states that after it issued a draft risk evaluation in November 2018, it received additional data on PV29 in response to test orders, as well as additional information voluntarily submitted by the sole U.S. manufacturer.  EPA’s updated analysis, reflected in...

On November 19, 2020, the European Food Safety Authority (EFSA) published a report entitled “Environmental Risk Assessment (ERA) of the application of nanoscience and nanotechnology in the food and feed chain.”  The authors analyzed existing ERA guidance documents for their adequacy to cover issues that are specific for nanomaterials, but note that none of the guidance has a specific focus on the food and feed chain.  Each nanospecific issue was addressed by briefly reviewing the...

Registration is now open for the National Nanotechnology Initiative’s (NNI) 2021 NNI Strategic Planning Stakeholder Workshop:  Charting the Path Forward, which will be held January 11-13, 2021.  NNI states that over the past 20 years, it has supported nanotechnology discovery, development, and deployment and has nurtured the strong ecosystem that exists today.  Building on this foundation, nanoscience will underpin a wide range of advanced technologies and enable...

On November 16, 2020, the U.S. Environmental Protection Agency (EPA) announced that it will now provide pesticide registrants with electronic Certificates of Registration, commonly known as “Gold Seal” letters.  A Gold Seal letter from EPA certifies that a product to be exported is registered with EPA and meets all necessary registration requirements.  EPA states that this improved process will allow for the electronic Gold Seal letters to be e-mailed to registrants...

The U.S. Environmental Protection Agency (EPA) will soon announce that the Chemical Data Reporting (CDR) submission period has been extended from November 30, 2020, to January 29, 2021.  A Federal Register notice has been signed, and EPA expects to post a pre-publication version of the notice on its website.  To assist chemical manufacturers and processors with submitting CDR data, Bergeson & Campbell, P.C.’s (B&C®) affiliate The Acta Group (Acta®)...

On November 10, 2020, the Senate Committee on Appropriations released 12 fiscal year (FY) 2021 appropriations bills and explanatory statements.  The bill for the Department of the Interior, environment, and related agencies includes funding for the U.S. Environmental Protection Agency (EPA).  The explanatory statement for the bill includes language regarding nanomaterials research at EPA and states: The Committee notes the increased capabilities that the Food and...

On November 6, 2020, the U.S. Environmental Protection Agency (EPA) published a final rule in the Federal Register that makes several changes to “Crop Group 19:  Herbs and Spices Group.”  85 Fed. Reg. 70976.  The original proposed rule, which was published on August 27, 2019 (84 Fed. Reg. 44804), was created in response to a petition developed by the International Crop Grouping Consulting Committee (ICGCC) workgroup that was submitted by the Interregional...

On November 4, 2020, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the release of an updated list of pests of significant health importance for public review and comment.  85 Fed. Reg. 70146. EPA, in coordination with the Centers for Disease Control and Prevention (CDC) and the U.S. Department of Agriculture (USDA), identifies pests of significant public health importance, and in coordination with the Public Health Service,...

On November 2, 2020, the European Commission (EC) requested a scientific opinion from the Scientific Committee on Consumer Safety (SCCS) on the ultraviolet (UV) filter HAA299 (nano) (chemical name “2-(4-(2-(4-Diethylamino-2 hydroxy-benzoyl)-benzoyl)-piperazine-1-carbonyl)-phenyl)-(4-diethylamino-2-hydroxyphenyl)-methanone”).  According to the EC’s request, the applicant seeks to assess the safety of HAA299 (nano) for use as a UV filter up to a maximum concentration of...