May 10, 2023

Canada Proposes to Unmask the Identities of 132 Substances on the DSL

According to a May 6, 2023, Canada Gazette notice, the Minister of the Environment, pursuant to the Canadian Environmental Protection Act, 1999 (CEPA), intends to unmask the identities of 132 substances currently on Part 3 of the Domestic Substances List (DSL) in accordance with the Approach to disclose confidential information and promote transparency in chemicals. The annexed proposed Order includes the masked names and confidential accession numbers of the substances proposed for...
May 9, 2023

B&C Launches PFAS News and Information Site for Industry Stakeholders; Will Hold PFAS Webinar May 17, 2023

Washington D.C. law firm Bergeson & Campbell, P.C. (B&C®) has launched the PFAS News and Information web page. Continuing B&C’s tradition of providing reliable information and analysis of the most pressing chemical issues of the day, this web page provides constantly updated resources to help those in the chemicals and chemical products industries understand what they need to know about per- and polyfluoroalkyl substances (PFAS) developments and what it means to their...
May 9, 2023

NEWMOA Releases Draft PFAS Prevention Model Legislation for Comment, Will Hold Webinar on May 10

The Northeast Waste Management Officials’ Association (NEWMOA) recently announced the release of its PFAS Prevention Model Act, which is intended to reduce the use of per- and polyfluoroalkyl substances (PFAS). According to NEWMOA, it worked with a group of state officials from the northeast to develop the draft legislation. NEWMOA states that the goals of the draft legislation are to: NEWMOA states that the model “provides a comprehensive framework to help jurisdictions...
May 8, 2023

EPA Will Extend Compliance Date for decaBDE PBT Rule, Issues Enforcement Statement

On May 3, 2023, the U.S. Environmental Protection Agency (EPA) announced its intent to extend the January 6, 2023, compliance date on the prohibition on the processing and distribution of decabromodiphenyl ether (decaBDE) for use in wire and cable insulation in nuclear power generation facilities, and decaBDE-containing wire and cable insulation. As reported in our December 23, 2020, memorandum, decaBDE is one of the persistent, bioaccumulative, and toxic (PBT) chemicals that are...
May 4, 2023

EPA Proposes to Prohibit Most Uses of Methylene Chloride under TSCA Section 6(a)

On May 3, 2023, the U.S. Environmental Protection Agency (EPA) proposed to prohibit most uses of methylene chloride under Section 6(a) of the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 28284. EPA states in its April 20, 2023, press release that its unreasonable risk determination for methylene chloride was driven by risks associated with workers, occupational non-users (ONU), consumers, and those in close proximity to a consumer use. EPA identified risks for adverse human...
May 3, 2023

GAO Recommends Actions to Improve DOD’s Ability to Prevent the Procurement of Items Containing PFAS

The U.S. Government Accountability Office (GAO) published a report on April 26, 2023, entitled “Persistent Chemicals: Actions Needed to Improve DOD’s Ability to Prevent the Procurement of Items Containing PFAS.” GAO notes that starting April 2023, the Department of Defense (DOD) was prohibited from procuring items in four categories if they contain certain per- and polyfluoroalkyl substances (PFAS). The National Defense Authorization Act for Fiscal Year 2022 includes a provision for GAO to...
May 2, 2023

Save the Date for “TSCA Reform — Seven Years Later” on June 29, 2023

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to announce the seventh annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform — Seven Years Later,” to occur Thursday, June 29, 2023. This complimentary virtual conference featuring speakers from the U.S. Environmental Protection Agency (EPA) and non-governmental and industry stakeholders will...
May 1, 2023

EPA Denies Petition Seeking TSCA Section 4 Testing of PVA

The U.S. Environmental Protection Agency (EPA) announced on April 27, 2023, that it denied a January 26, 2023, petition from Blueland, Plastic Pollution Coalition, and partners, including Beyond Plastics, Plastic Oceans International, The Shaw Institute, Lonely Whale, 5 Gyres, Global Alliance for Incinerator Alternatives (GAIA), Oceanic Global Foundation, The Last Beach Cleanup, Rio Grande International Study Center, Inland Ocean Coalition, Occidental Arts and Ecology Center, Turtle Island...
May 1, 2023

Senate and House Subcommittees Will Hold Hearings on EPA’s FY 2024 Budget

On May 3, 2023, the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing entitled “A Review of the President’s Fiscal Year 2024 Budget Request for the Environmental Protection Agency.” The only scheduled witness is Michael S. Regan, Administrator of the U.S. Environmental Protection Agency (EPA). On May 10, 2023, the House Energy and Commerce Subcommittee on the Environment, Manufacturing, and Critical Materials will hold a hearing on “The...
April 27, 2023

GAO Finds Progress in EPA’s Process for Assessing and Controlling Toxic Chemicals

On April 20, 2023, the U.S. Government Accountability Office (GAO) issued its updated High Risk List, which highlights 37 areas across the federal government that are vulnerable to waste, fraud, abuse, and mismanagement, or that need broad reform. The High Risk List includes “Transforming EPA’s Process for Assessing and Controlling Toxic Chemicals.” GAO states that the U.S. Environmental Protection Agency’s (EPA) ability to implement its mission of protecting public health and the...