TSCAblog®

The Senate Committee on Environment and Public Works will hold a hearing on April 27, 2023, on “Impacts of Plastic Production and Disposal on Environmental Justice Communities.” Witnesses will include: Last week, Senators Tom Carper (D-DE), Chair of the Committee and Co-Chair of the Senate Recycling Caucus, Shelley Moore Capito (R-WV), Ranking Member of the Committee, and John Boozman (R-AR), also a member of the Committee, reintroduced two pieces of bipartisan legislation focused on...

Maine enacted An Act To Stop Perfluoroalkyl and Polyfluoroalkyl Substances Pollution in July 2021. Under the bill, manufacturers of products with intentionally added per- and polyfluoroalkyl substances (PFAS) were required to report the presence of the intentionally added PFAS in those products to the Maine Department of Environmental Protection (MDEP) beginning January 1, 2023. As reported in our February 17, 2023, memorandum, on February 14, 2023, MDEP announced a much anticipated...

May 17, 202311:00 a.m. – 12:00 p.m. EDT REGISTER NOW The U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) has advanced groundbreaking science policy initiatives in furtherance of implementation of the Toxic Substances Control Act (TSCA). As EPA advances New Approach Methodologies (NAM), cumulative risk assessment methodologies, and systematic review procedures, chemical stakeholders must understand directionally how these initiatives are...

In May 2023, Madison Le will move from her position as Director of the New Chemicals Division (NCD) within the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) to the Office of Pesticide Programs’ Biopesticides Division. As reported in our March 4, 2020, blog item, Le joined OPPT as Director of the then Chemical Control Division in 2020, a particularly challenging time. During her time as head of NCD, NCD has increased...

Earthjustice announced on April 7, 2023, that Cherokee Concerned Citizens, a community group in Pascagoula, Mississippi, filed suit in the U.S. Court of Appeals for the District of Columbia Circuit for review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA), signed by the U.S. Environmental Protection Agency (EPA). According to the petition, the August 11, 2022, Order authorizes Chevron U.S.A. Inc. to manufacture, process,...

 The U.S. Environmental Protection Agency (EPA) will hold a virtual public preparatory meeting for the Science Advisory Committee on Chemicals (SACC) members, ad hoc reviewers, and the public to comment on and ask questions regarding the scope and clarity of the draft charge questions to be used for the May 8-11, 2023, review of two draft documents related to cumulative risk assessment under the Toxic Substances Control Act (TSCA). As reported in our March 1,...

On April 6, 2023, the U.S. District Court for the District of Columbia dismissed a suit brought by the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) to prevent Inhance Technologies USA (Inhance) from generating per- and polyfluoroalkyl substances (PFAS) when fluorinating plastic containers. As reported in our January 6, 2023, blog item, CEH and PEER sought a court order restraining Inhance from continued manufacture of PFAS in violation of a...

The U.S. Environmental Protection Agency (EPA) announced on March 23, 2023, that it is seeking public nominations of scientific and technical experts that EPA can consider for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the “2023 Draft Supplement to the 1,4-Dioxane Risk Evaluation.” 88 Fed. Reg. 17566. EPA states that it will release the draft supplement for public review and comment in June 2023. EPA also plans to...

Bergeson & Campbell, P.C.’s (B&C®) March 22, 2023, webinar, “Extended Producer Responsibility (EPR) Regulations,” is now available for on-demand viewing. During this one-hour webinar LeRoy (Lee) C. Paddock, Distinguished Professorial Lecturer of Environmental Law at the George Washington University Law School; Edith G. Nagy, Regulatory Consultant, B&C; and Lynn L. Bergeson, Managing Partner, B&C, discuss the history and evolution of EPR legislation,...

On March 29, 2023, the Internal Revenue Service (IRS) published a notice of proposed rulemaking (NPRM) relating to the Superfund excise taxes imposed on certain chemicals and certain imported substances, effective July 1, 2022. 88 Fed. Reg. 18446. There are two separate Superfund chemical excise taxes: a tax on the sale or use of “taxable chemicals” and a tax on the sale or use of imported “taxable substances.” The NPRM contains proposed regulations under Sections 4661,...