The U.S. Environmental Protection Agency (EPA) announced on January 5, 2023, the release of a new interactive web page on the “PFAS Analytic Tools” that provides information about per- and polyfluoroalkyl substances (PFAS) across the country. EPA states that this information will help the public, researchers, and other stakeholders better understand potential PFAS sources in their communities. According to EPA, the PFAS Analytic Tools draw from multiple national databases and...
January 9, 2023
APHIS Announces Final Regulatory Status Review Guide
By Lynn L. Bergeson and Carla N. Hutton The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced on December 22, 2022, that it posted its final Regulatory Status Review (RSR) guide. The RSR guide details the information requirements and process for submitting an RSR request under the revised biotechnology regulations at 7 C.F.R. Part 340. Under the revised regulations, developers may request a permit and/or an RSR of a plant developed using...
January 6, 2023
Nonprofit Organizations File Suit Claiming That Plastic Containers Treated with Fluorine Gas Leach PFAS in Violation of EPA Regulations
On December 27, 2022, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed a lawsuit in the U.S. District Court for the District of Columbia to prevent Inhance Technologies USA from generating per- and polyfluoroalkyl substances (PFAS) when fluorinating plastic containers. According to CEH and PEER’s joint press release, testing conducted by the U.S. Environmental Protection Agency (EPA), Notre Dame researchers, and other...
By Lynn L. Bergeson and Carla N. Hutton On December 2, 2022, the U.S. Environmental Protection Agency (EPA) published a final rule determining that renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from canola/rapeseed oil via a hydrotreating process all meet the lifecycle greenhouse gas (GHG) emissions reduction threshold of 50 percent required for advanced biofuels and biomass-based diesel (BBD) under the Renewable Fuel Standard (RFS) program....
January 4, 2023
Public Comment Period Begins on EPA’s Biofuels and the Environment: Third Triennial Report to Congre
By Lynn L. Bergeson and Carla N. Hutton On January 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of a draft document entitled Biofuels and the Environment: Third Triennial Report to Congress (External Review Draft) for public comment. 88 Fed. Reg. 72. EPA’s Office of Research and Development (ORD) and Office of Air and Radiation (OAR), in consultation with the U.S. Departments of Agriculture (USDA) and Energy (DOE), prepared the document. The draft...
On December 20, 2022, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “Controlling Exposure to Nanomaterials” by Dr Araceli Sánchez, Spanish Institute of Health and Safety (INSST). Sánchez notes that over the last 15 years, scientists have paid attention to the development of new instruments capable of measuring personal exposure to nanosize particles, and new frameworks, methodologies, and standards to assess and control exposure to engineered...
December 30, 2022
EPA OIG Renders “Qualified” Opinion on FYs 2020 and 2019 TSCA Service Fee Fund Financial Statements
On December 29, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) published a report entitled The EPA’s Fiscal Years 2020 and 2019 Toxic Substances Control Act Service Fee Fund Financial Statements. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) requires EPA to prepare and OIG to audit the Toxic Substances Control Act (TSCA) Service Fee Fund financial statements each year. According to OIG, its primary objectives were...
December 29, 2022
Petition Filed to Add Polyoxymethylene to List of Chemical Substances Subject to Superfund Excise Tax
The Internal Revenue Service (IRS) announced on December 28, 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. 87 Fed. Reg. 79938. The petitioner is Celanese Ltd., an exporter of polyoxymethylene. According to the petition, “polyoxymethylene is an engineering thermoplastic used in precision parts requiring high stiffness, low friction, and excellent dimensional stability. It...
December 28, 2022
EPA Extends Deadline to Apply for Potential Inclusion in Its Recommendations of Specifications, Stan
By Lynn L. Bergeson and Carla N. Hutton The U.S. Environmental Protection Agency (EPA) announced on December 27, 2022, that it is extending the deadline for applications from managers of standards development organizations, ecolabel programs, and other similar organizations for assessment and inclusion in the Environmentally Preferable Purchasing (EPP) program’s Recommendations of Specifications, Standards and Ecolabels for Federal Purchasing, a resource intended to help federal...
December 27, 2022
EPA Announces Removal of PFAS Chemicals from Approved Inert Ingredient List for Pesticide Products
On December 14, 2022, the U.S. Environmental Protection Agency (EPA) announced the removal of 12 chemicals from the current list of non-food inert ingredients approved for use in pesticide products because the inert ingredients have been identified as per- and polyfluoroalkyl substances (PFAS) and are no longer used in any registered pesticide product. 87 Fed. Reg. 76488. On September 13, 2022, EPA published a proposal to remove the 12 chemicals from the list of approved...