Blogs

According to an April 16, 2024, request for information (RFI), as part of its ongoing commitment to advancing sustainable acquisition, the General Services Administration (GSA) is exploring opportunities to reduce or eliminate potential per- and polyfluoroalkyl substances (PFAS) “with the intent to reduce exposure from products offered to the Government through GSA’s contract solutions.” 89 Fed. Reg. 26887. GSA states that it is publishing the RFI to obtain comments “to help us...

On April 3, 2024, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice providing notice of its issuance of an Existing Stocks Order and announcing the end dates for sales, distribution, and use of existing stocks on over-the-top (OTT) uses of dicamba subject to the Order. 89 Fed. Reg. 23010. This announcement follows the February 14, 2024, Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean...

The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop immediately the manufacture and distribution of “hundreds of millions of plastic containers with dangerous levels of per- and polyfluoroalkyl substances (PFAS) that leach from these containers into household products and the environment.” The petition “demands that the...

The U.S. Department of Agriculture’s (USDA) Agricultural Research Service announced on April 9, 2024, that ARS researchers published a study revealing the ability of cotton gin waste to synthesize and generate silver nanoparticles in the presence of silver ions. ARS states that cotton gin waste, also known as cotton gin trash, “is a byproduct of the cotton ginning process and occurs when the cotton fibers are separated from the seed boll.” Using a simple heat treatment of cotton gin waste...

The U.S. Environmental Protection Agency (EPA) announced on April 8, 2024, that it is directing government contractors to purchase cleaning products for federal buildings that are free of per- and polyfluoroalkyl substances (PFAS). This change is the result of a collaboration between EPA and the U.S. General Services Administration (GSA) to implement President Biden’s Federal Sustainability Plan, which directs federal agencies to prioritize the purchase of sustainable products and services,...

Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Harmonizing TSCA Consent Orders with OSHA HCS 2012,” a complimentary webinar covering case studies and practical applications of merging the requirements for consent order language on the Safety Data Sheet (SDS). Toxic Substances Control Act (TSCA) consent orders and Significant New Use Rules (SNUR) are issued under Section 5 for specific chemicals. These U.S. Environmental Protection Agency...

The U.S. Environmental Protection Agency (EPA) published on April 3, 2024, an advance notice of proposed rulemaking (ANPRM) regarding lead for wheel-balancing weights (lead wheel weights). 89 Fed. Reg. 22972. EPA requests comments and information to assist in the potential development of regulations for the manufacture (including importing), processing (including recycling), and distribution in commerce of lead for lead wheel weights under the Toxic Substances Control Act (TSCA). To inform this...

The U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) and Oak Ridge National Laboratory (ORNL) will hold an informational webinar on April 16, 2024, on the recently released 2023 Billion-Ton Report (BT23), an assessment of renewable carbon resources potentially available in the United States. BETO notes that BT23 shows that the United States could sustainably triple its production of biomass to more than one billion tons per year and highlights the importance of diversifying...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice on April 9, 2024, announcing its denial of the Washington Department of Ecology’s (WDOE) petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. EPA states that it “shares the petitioner’s concerns regarding risks to human health and the environment posed by PCBs, and the Agency...

On March 28, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) requested information about potential additions to or subtractions from the List of Bioengineered Foods (List) as it pertains to the National Bioengineered Food Disclosure Standard (Standard). 89 Fed. Reg. 21484. Under 7 C.F.R. Section 66.1, a bioengineered food is a food that -- subject to certain factors, conditions, and limitations -- contains detectable genetic material that has been...

The U.S. Environmental Protection Agency (EPA) posted a research update on April 2, 2024, entitled “Advancing Environmental Safety: Celebrating 20 years of Nanotechnology Research at EPA.” The item states that EPA collaborates across federal and state governments, industry, and the international community on nano-related research. In addition to its in-house nanotechnology research, EPA supports nano-related research through external grant programs such as the Science to Achieve Results...

The U.S. Environmental Protection Agency (EPA) announced on April 3, 2024, that it has rescheduled its public webinar to discuss the implementation of the Biogas Regulatory Reform Rule (BRRR) provisions promulgated as part of the Renewable Fuel Standard (RFS) final rule for 2023-2025 (the Set Rule) to April 12, 2024. 89 Fed. Reg. 23013. During the webinar, EPA intends to discuss various aspects of the BRRR program, including: The implementation timeline for BRRR; An implementation overview of...

The U.S. Environmental Protection Agency (EPA) provided notice of disclosure on April 2, 2024, to all potentially affected businesses under the Toxic Substances Control Act (TSCA) that submitted information to EPA pursuant to TSCA Section 5 that it will disclose information to the U.S. Government Accountability Office (GAO). 89 Fed. Reg 22713. According to the notice, GAO is initiating a review of EPA’s practices for managing and assessing the performance of EPA’s New Chemicals Review...

The National Institute for Occupational Safety and Health (NIOSH) Nanotechnology Research Center’s (NTRC) Field Studies Team (the Team) evaluates advanced materials and processes in workplaces ranging from large manufacturers, research and development labs, and government facilities, to schools, libraries, and other non-industrial settings. An April 1, 2024, NIOSH Science Blog item entitled “Celebrating 20 Years of Research: Highlights From NIOSH’s Nanotechnology Research Center’s Field...

On March 15, 2024, the U.S. Department of Energy (DOE) announced the release of the Bioenergy Technologies Office’s (BETO) 2023 Billion-Ton Report (BT23), the fourth in a series of assessments of potential biomass resources available in the United States. BT23 provides estimates of biomass resource potential in response to market demand scenarios. According to DOE, BT23 finds that one billion tons of biomass could satisfy more than 100 percent of the projected demand for airplane fuel in the...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on March 22, 2024, that it has prepared a draft environmental impact statement (EIS) and draft plant pest risk assessment (PPRA) evaluating the potential environmental impacts and plant pest risk that may result from the approval of a petition for nonregulated status for maize developed using genetic engineering for dicamba, glufosinate, quizalofop, and 2,4-dichlorophenoxyacetic acid...

On March 29, 2024, the California Department of Pesticide Regulation (DPR) announced it will hold a webinar on Tuesday, April 23, 2024, at 10:00 a.m. (PDT) to discuss and receive feedback from registrants and other stakeholders on its intent to increase registration fees to a level that, according to DPR, supports the current and future business needs of the pesticide registration program. DPR states it has determined that current registration fees are not sufficient to support the ongoing work...

On March 15, 2024, the European Commission (EC) published in the Official Journal of the European Union an amendment to the Cosmetics Regulation. The following nanomaterials have been added to Annex II (substances prohibited in cosmetic products). From February 1, 2025, cosmetic products containing these substances shall not be placed on the European Union (EU) market. From November 1, 2025, cosmetic products containing these substances shall not be made available on the EU market:...

The Congressional Research Service (CRS) published a report on March 22, 2024, on “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 agencies have been...

The Minnesota Pollution Control Agency (MPCA) announced on March 26, 2024, that it has published new information concerning per- and polyfluoroalkyl substances (PFAS) in products. This information includes: Recommendations on how to dispose of products that may contain PFAS when they reach the end of their useful life. MPCA states that a business may be subject to liability under the Minnesota Environmental Response and Liability Act (MERLA) if it releases PFAS from products containing PFAS. To...

The European Commission (EC) announced on March 20, 2024, that it has proposed a series of targeted actions to boost biotechnology and biomanufacturing in the European Union (EU). The EC states that its March 20, 2024, Communication on Building the future with nature: Boosting Biotechnology and Biomanufacturing in the EU “identifies the challenges and barriers and proposes to tackle them, in line with the Communication on the long-term competitiveness of the EU.” According to the EC, the EU...

The White House Office of Science and Technology Policy (OSTP) announced on March 22, 2024, the launch of the National Bioeconomy Board, co-chaired by OSTP, the U.S. Department of Commerce, and the U.S. Department of Defense. The Board also includes representatives from nine additional federal departments and agencies: the U.S. Department of State, the National Science Foundation, the U.S. Department of Homeland Security, the U.S. Department of Health and Human Services, the National Aeronautics...

The Organisation for Economic Co-operation and Development (OECD) published the report of the first Working Party on Manufactured Nanomaterials (WPMN) workshop on NanoCarriers. The report states that NanoCarriers (nano-scaled structures loaded with an active substance) “promise benefits for various fields of applications but they also present great diversity in terms of chemical composition, structural features, and applications.” The June 14-15, 2023, workshop included governmental...

The U.S. Environmental Protection Agency (EPA) will host a public webinar on April 4, 2024, to discuss the implementation of the Biogas Regulatory Reform Rule (BRRR) provisions promulgated as part of the Renewable Fuel Standard (RFS) final rule for 2023-2025 (the “Set Rule”). 89 Fed. Reg. 15988. EPA states that these regulatory provisions include registration and reporting and updated regulatory provisions for the production, distribution, and use of biogas as a renewable fuel. During the...

The National Nanotechnology Coordination Office (NNCO) is organizing a series of National Nanotechnology Initiative (NNI) webinars on nanometrology, metrological challenges, and recent advances in three topical areas: food, agriculture, and environment; nanoscale medical and pharmaceutical products; and nanoparticles in electronics. Registration is open for the fourth webinar in the series, Metrology of Nanoparticles in Electronics, which will be held April 5, 2024, at 12:00 p.m. (EDT). The...

On March 13, 2024, the U.S. Environmental Protection Agency (EPA) published notice of a proposed settlement agreement to address a petition for writ of mandamus filed by the Ecology Center, the Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and the Sierra Club in the United States Court of Appeals for the Ninth Circuit (Ecology Center v. EPA, No. 23-70158 (9th Cir.)). 89 Fed. Reg. 18408. The petitioners filed a petition for writ of mandamus on...

SAVE THE DATETSCA Reform – 8 Years LaterJune 26, 2024, 8:00 a.m. - 5:30 p.m. (EDT)George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream Save the date to join Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016 Lautenberg...

Bergeson & Campbell, P.C.’s (B&C®) March 12, 2024, webinar, “FIFRA Hot Topics,” is now available for on-demand viewing. During this one-hour webinar, James V. Aidala, Senior Government Affairs Consultant, Lisa R. Burchi, Of Counsel, and moderator Lynn L. Bergeson, Managing Partner, discussed key priorities for the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) and what companies should know to stay on top of new developments in the law and regulation...

The U.S. Department of Agriculture (USDA) released on March 14, 2024, a report entitled Building a Resilient Biomass Supply: A Plan to Enable the Bioeconomy in America, “a plan that will boost biomass supply chain resiliency for domestic biobased product manufacturing, while also advancing environmental sustainability and market opportunities for small and mid-sized producers.” According to USDA, the plan is one of the key USDA deliverables of President Biden’s 2022 Executive Order on...

The Senate Committee on Environment and Public Works will hold a hearing on March 20, 2024, on “Examining PFAS as Hazardous Substances.” The scheduled witnesses include: Kate R. Bowers, Legislative Attorney, American Law Division, Congressional Research Service; The Honorable James Kenney, Secretary, New Mexico Department of Environment; Scott Faber, Senior Vice President of Government Affairs, Environmental Working Group; Robert Fox, Partner, Manko Gold Katcher Fox, Limited Liability...

On March 5, 2024, the National Nanotechnology Initiative (NNI) held a symposium entitled “Enabling the Nanotechnology Revolution: Celebrating the 20th Anniversary of the 21st Century Nanotechnology Research and Development Act.” The White House Office of Science and Technology Policy (OSTP) posted a readout of the symposium on March 6, 2024. According to OSTP, during the symposium, “leaders from academia, government, and industry spoke about U.S. success in nanotechnology and future...

On March 5, 2024, the National Nanotechnology Initiative (NNI) published its supplement to the President’s 2024 budget request. NNI states that the President’s 2024 budget requests an “all-time record” of $2.16 billion for it, with a sustained investment in foundational research that will fuel new discoveries and increase investments in application-driven research and development (R&D) to advance technologies of the future and address national priorities. The President’s 2024...

The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).” EPA states that it alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. According to EPA, Haifa imports “various chemicals for...

In a March 4, 2024, blog item entitled “Sweating the Small Stuff: 20 years of NIOSH Research on Engineering Controls for Nanotechnology,” the National Institute for Occupational Safety and Health (NIOSH) highlighted the control approaches that it has recommended, “based on extensive research on the pharmaceutical, coatings, and cosmetic industries”: General Safe Practices for Working with Engineered Nanomaterials in Research Laboratories (2012): Provides approaches to working with...

On February 29, 2024, the U.S. Environmental Protection Agency (EPA) requested public nominations of scientific and technical experts for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the Agency’s evaluation of the risks from di-isodecyl phthalate (DIDP) and di-isononyl phthalate (DINP) being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14836. EPA states that it is...

On March 8, 2024, the U.S. Department of Agriculture honored the second annual National Biobased Products Day, “a celebration to raise public awareness of biobased products, their benefits and their contributions to the U.S. economy and rural communities.” USDA states that as part of its activities to honor National Biobased Products Day, it released two reports: Economic Impact Analysis of the U.S. Biobased Products Industry USDA states that its commissioned report “An Economic Impact...

The U.S. Department of Energy (DOE) will host the Clean Fuels & Products Shot™ Summit on April 8, 2024, from 11:00 a.m. - 2:00 p.m. (EDT), and April 9, 2024, from 11:00 a.m. - 4:00 p.m. (EDT). The virtual event will gather stakeholders across government, industry, academia, and non-profit organizations to engage on the objectives, progress, priorities, and future plans for the seventh DOE Energy Earthshot™. According to DOE, the Clean Fuels & Products Shot aims to lower carbon...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) and Office of Fossil Energy and Carbon Management (FECM) announced on February 13, 2024, their intent to issue funding to support research and development (R&D) projects for converting algae and other wet waste feedstocks to low-carbon fuels, chemicals, and agricultural products. DOE states that the intended Mixed Algae Conversion Research Opportunity (MACRO) funding would address gaps in the use of carbon dioxide...

The U.S. Food and Drug Administration (FDA) issued a Constituent Update on March 4, 2024, that updates its “List of Select Chemicals in the Food Supply Under FDA Review.” FDA states that the intent of this update is “…to provide more insight on the status of the FDA’s post-market assessments of chemicals in the food supply.” The information posted today includes many chemicals that FDA has been actively engaged in reviewing for the past several years. The Update also explains the...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced on March 4, 2024, that it received a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for maize (corn) event MON 95379 that has been developed using genetic engineering to produce two insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. 89 Fed. Reg. 15542. APHIS is making the petition available for review and...

The U.S. Environmental Protection Agency (EPA) announced on February 28, 2024, that it is seeking public comment on the candidates under consideration for selection as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its peer review of the Agency’s evaluation of the risks from formaldehyde being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14648. The SACC peer review will take place during a...

EuropaBio, the European Association for Bioindustries, announced on February 21, 2024, the release of a position paper calling for “bold ambition, and five core principles to ensure impactful industrial growth.” According to the position paper, “EC Initiative on Biotechnology and Biomanufacturing: Principles for an impactful Europe,” the European Commission’s (EC) forthcoming Biotechnology and Biomanufacturing Initiative “is a unique opportunity for the [European Union (EU)] to build...

On March 1, 2024, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced a new webinar series, “Pollution Prevention in Action.” On the second Wednesday of the month, Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, will host webinars featuring businesses, Pollution Prevention grantees, and other experts about innovations and successes in implementing source reduction strategies to advance...

The Internal Revenue Service (IRS) announced on February 27, 2024, that it received a petition requested that iso-butanol (also known as isobutanol, iso butyl alcohol, 2-methyl propan-1-ol, or 2-methyl-1-propanol) be added to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 89 Fed. Reg. 14558. OQ Chemicals Corporation, an exporter of iso-butanol, filed the petition. The notice states: According to the petition, iso-butanol is an isomer of n-butanol. Iso-butanol...

The U.S. Food and Drug Administration (FDA) has posted a February 2024 guidance entitled “Foods Derived from Plants Produced Using Genome Editing: Guidance for Industry.” According to FDA, one purpose of the guidance is to clarify how its 1992 policy statement “Statement of Policy: Foods Derived from New Plant Varieties” (NPV policy) (57 Fed. Reg. 22984) applies to foods derived from NPVs produced using genome editing. The NPV policy provides scientific and regulatory guidance on foods...

On February 7, 2024, the Library of Congress posted an article entitled “South Korea: Act to Promote Green Bio Industry Published.” According to the article, South Korea published the Act on Promoting the Green Bio Industry (Green Bio Act) on January 2, 2024. The Green Bio Act, which will enter into force on January 3, 2025, “aims to promote the application of biotechnology to agricultural bioresources and increase the added value of agriculture, develop the green bio industry, and realize...

The February 2024 issue of Nature Nanotechnology includes an article entitled “How nanoparticles are counted in global regulatory nanomaterial definitions.” Authored by Kirsten Rasmussen, Juan Riego Sintes, and Hubert Rauscher, European Commission (EC) Joint Research Center (JRC), the article examines differences between the definitions in various jurisdictions and how to achieve a global definition. The jurisdictions reviewed include Organization for Economic Cooperation and Development...

The Environmental Defense Fund (EDF) published a blog item on February 22, 2024, announcing its Chemical Exposure Action Map, a tool “designed to spur the Environmental Protection Agency (EPA) to transform the assessment of risks posed by toxic chemicals in our communities.” EDF states that the map focuses on multiple high-priority chemicals, highlighting the potential for cumulative risks. EDF notes that when conducting risk assessments under the Toxic Substances Control Act (TSCA), EPA...

Beginning January 1, 2030, any product containing intentionally added per- and polyfluoroalkyl substances (PFAS) may not be sold in Maine unless the use of PFAS in the product is specifically designated as a currently unavoidable use (CUU) by the Maine Department of Environmental Protection (MDEP). MDEP is currently accepting requests for proposals from those seeking CUU determinations. Manufacturers may submit proposals individually or collectively. MDEP notes that these determinations will be...

On February 14, 2024, the U.S. Environmental Protection Agency (EPA) issued an Existing Stocks Order for Dicamba Products Previously Registered for Over-the-Top Use on Dicamba-Tolerant Cotton and Soybean (Existing Stocks Order). This announcement was needed in response to the February 6, 2024, ruling by the U.S. District Court of Arizona vacating the 2020 registrations for over-the-top (OTT) dicamba products. EPA states this Existing Stocks Order “addresses use of the formerly-registered...