TSCAblog®

The Federal Trade Commission (FTC) announced on May 10, 2023, that it released the tentative agenda for its May 23, 2023, workshop on “Talking Trash: Recyclable Claims and the Green Guides.” The workshop will examine FTC’s guidance on “recyclable” advertising claims as part of its ongoing review of the Guides for Use of Environmental Marketing Claims (Green Guides). The workshop is free and open to the public, and pre-registration is not required. FTC states that the...

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...

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...

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...

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...

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...

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...

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...

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...

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...