On August 1, 2023, Earthjustice filed a citizen petition under Section 21 of the Toxic Substances Control Act (TSCA) asking the U.S. Environmental Protection Agency (EPA) to establish regulations prohibiting the manufacturing, processing, use, and distribution of N-(1,3-Dimethylbutyl)-N’-phenyl-p-phenylenediamine (6PPD) (Chemical Abstracts Service Registry Number® (CAS RN®) 793-24-8) for and in tires. Earthjustice filed the petition on behalf of the Yurok Tribe, the Port Gamble...
August 7, 2023
Maine Invites Stakeholder Comment on Rule Concept Draft Language Prohibiting Sale of Food Packages Containing PFAS
On August 3, 2023, the Maine Department of Environmental Protection (MDEP) announced that it would accept stakeholder comment on its rule concept draft language that would prohibit manufacturers, suppliers, and distributors from offering for sale or for promotional purposes in Maine certain types of food packaging to which per- and poly-fluoroalkyl substances (PFAS) have been intentionally introduced. MDEP states that it has the authority to prohibit the sale of a food package to which...
On August 15, 2023, the U.S. Environmental Protection Agency (EPA) will hold a webinar on its proposed rule to protect workers from exposure to carbon tetrachloride (CTC). EPA published the proposed rule on July 28, 2023. 88 Fed. Reg. 49180. EPA states that if issued in final, “the rule would require a workplace chemical protection program with strict exposure limits for essentially the entire domestic production volume of CTC, workplace controls for laboratory use of CTC, and a ban on...
July 31, 2023
Bipartisan Group of Representatives Calls on EPA to Assess the Risks of PFAS in Fluorinated Containers
On July 25, 2023, 12 members of the House sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Michael Regan urging EPA “to conduct a rigorous, comprehensive, and transparent assessment of the risks of [per- and polyfluoroalkyl substances (PFAS)] in fluorinated containers.” The letter states that EPA is mandated by the Toxic Substances Control Act (TSCA) to address the risks of new PFAS and significant new uses of existing PFAS. According to the letter, the...
On July 25, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding the reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 47782. EPA states in its July 6, 2023, press release that under the reporting rule, manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years are required to report exposure-related information,...
July 25, 2023
Uhlmann Confirmed as EPA Assistant Administrator for Enforcement and Compliance Assurance
On July 20, 2023, the Senate voted 53 to 46 to confirm David Uhlmann to be Assistant Administrator for the Office of Enforcement and Compliance Assurance (OECA) at the U.S. Environmental Protection Agency (EPA). As reported in our September 17, 2021, memorandum, Uhlmann was the Director of the Environmental Policy and Law Program at the University of Michigan Law School. Prior to academia, Uhlmann spent 17 years as a federal prosecutor, including seven years with the U.S. Department of...
July 24, 2023
OIRA Publishes Guidance on Broadening Public Participation and Community Engagement in the Regulatory Process
On July 19, 2023, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) posted a blog item entitled “Making Voices Heard in the Regulatory Process,” announcing the release of “guidance detailing new steps that Federal agencies should take to make it easier for interested members of the public to voice their views in the regulatory process.” According to OIRA, new directions to federal agencies in the guidance include: Calling on federal...
July 21, 2023
EPA Extends Comment Period on Proposed SNURs for 18 Chemicals Made from Plastic Waste-Based Feedstocks
The U.S. Environmental Protection Agency (EPA) announced on July 19, 2023, that it is extending the public comment period for its proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) to ensure chemicals made from plastic waste-derived feedstocks are free from certain contaminants before they can be used to make transportation fuels. The SNURs would require companies to notify EPA before manufacturing or processing 18 chemicals made from plastic waste-derived...
July 20, 2023
Recording Available for “Preparing a PFAS Game Plan in the U.S., the UK, and the EU” Webinar
Bergeson & Campbell, P.C. (B&C®) affilaite The Acta Group (Acta®) and EPPA’s July 11, 2023, webinar, “Preparing a PFAS Game Plan in the U.S., the UK, and the EU,” is now available for on-demand viewing. During this one-hour webinar, Meglena Mihova, Managing Partner of EPPA, a Brussels-based regulatory and public affairs consultancy; Richard E. Engler, Ph.D., Director of Chemistry, Acta; and Lynn L. Bergeson, President, Acta, discussed bans, restrictions,...
The U.S. Environmental Protection Agency (EPA) held a webinar on July 18, 2023, on its recent final procedural rule for submitting confidential business information (CBI) under the Toxic Substances Control Act (TSCA). EPA has added a second webinar date, July 20, 2023, at 2:00 p.m. (EDT). The final rule increases transparency, modernizes the reporting and review procedures for CBI, and aligns with the 2016 amendments to TSCA. The rule will become effective on August 7, 2023. EPA states that...