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This week I sat down with Dr. Jeff Morris, immediate past Director of EPA’s Office of Pollution Prevention and Toxics (OPPT), the EPA office that regulates the industrial chemical sector.  Jeff directed EPA’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) and headed the office most immediately impacted by the significant changes brought about by the Lautenberg amendments. In our discussion, we talk about how Jeff and his OPPT colleagues managed...

On August 10, 2020, Bloomberg Environment featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding water utilities requesting the U.S. Environmental Protection Agency (EPA) use all its regulatory tools to safeguard drinking water as it decides whether to allow new chemicals into U.S. commerce. The utilities’ efforts are part of a broader trend in which new businesses are recognizing the chemicals law can affect...

On August 11, 2020, the U.S. Environmental Protection Agency (EPA) published the final risk evaluation for 1-bromopropane (1-BP). After evaluating 25 conditions of use, EPA determined that 16 present an unreasonable risk to workers, occupational non-users (ONU), consumers, and bystanders. EPA found no unreasonable risk to the environment from any conditions of use and no unreasonable risks to the general population. According to EPA, the next step in the process required by the Toxic Substances...

Federal U.S. Senators Vote Against Deputy Secretary Of Energy Nominee On August 4, 2020, U.S. Senators Joni Ernst (R-IA) and Chuck Grassley (R-IA) voted against Mark Menezes, who is nominated to become Deputy Secretary of Energy. In a statement, both Senators said that “[g]iven the uncertainty with the ‘gap year’ small refinery waivers, the wasted time and resources to score the waivers again, the lack of transparency in the entire process, and most importantly, the toll...

This week I sat down with Richard E. Engler, Ph.D., B&C’s Director of Chemistry, and all-around TSCA savant. Rich is an organic chemist and a 17-year veteran with the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics, where Rich managed the Green Chemistry Program and reviewed some 10,000 new chemical notifications. Given all that is going on at EPA with implementing the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which...

The U.S. Environmental Protection Agency (EPA) issued in March a temporary enforcement policy relaxing certain compliance obligations because of the COVID-19 pandemic. On June 29, the agency announced an “addendum on termination” that aims to end the policy on August 31, 2020. This column discusses the termination memorandum....

On July 30, 2020, the U.S. Environmental Protection Agency (EPA) announced it approved amended labels for 13 products based on laboratory testing that shows the products are effective against SARS-CoV-2, the virus that causes COVID-19. These products, and two previously announced products (see our July 7, 2020, blog), are the only products for which EPA has reviewed laboratory testing data and approved label claims specifically against SARS-CoV-2.  In January 2020, at the...

On July 28, 2020, the House Energy and Commerce Subcommittee on Environment and Climate Change held an oversight hearing entitled “There’s Something in the Water: Reforming Our Nation’s Drinking Water Standards.” The hearing concentrated on the Safe Drinking Water Act (SDWA) and the provisions of its standard-setting process as administered by the U.S. Environmental Protection Agency (EPA) and whether legislative reform is necessary to ensure safe drinking water nation-wide. The...

We write to share the sad news that our friend and colleague Timothy D. Backstrom died on Friday, July 24, 2020.  For those clients and colleagues who were fortunate to have known or worked with Tim, you will appreciate the enormous void his untimely demise has left. Tim’s prodigious intellect, his encyclopedic understanding of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), his contributions to the law and regulation of fuel and fuel additives under...

On July 27, 2020, the U.S. Environmental Protection Agency (EPA) promulgated a final significant use rule (SNUR) for long-chain perfluoroalkyl carboxylate (LCPFAC) and perfluoroalkyl sulfonate chemical substances. 85 Fed. Reg. 45109. EPA first proposed a SNUR for LCPFAC and perfluoroalkyl sulfonate chemical substances on January 21, 2015. 80 Fed. Reg. 2885. On March 3, 2020, EPA issued a proposed supplemental SNUR for LCPFAC chemical substances that would make...