A circular economy requires new thinking about what products we make, from which materials we make them, and where products go at the end of their useful life. An important but often overlooked aspect of new product development is an understanding of the consequences of the product’s chemical composition and the end-of-life implications of the decisions made at the front end of the process. Working within this framework plays a critical role in building a resilient, dependable, and sustainable...
Category: General
The U.S. Environmental Protection Agency (EPA) held a virtual public meeting on April 20-21, 2022, to provide an overview of the Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program and give stakeholders an opportunity to provide input. As described in EPA’s draft document entitled “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA,” the Office of Chemical Safety and Pollution Prevention (OCSPP) proposes to develop and...
On May 4-5, 2022, the U.S. Environmental Protection Agency (EPA) Board of Scientific Counselors (BOSC) Executive Committee will meet to review the Office of Research and Development’s (ORD) six Strategic Research Action Plans (StRAP) for fiscal years (FY) 2023-2026. The meetings are open to the public. 87 Fed. Reg. 23861. BOSC will consider comments on the draft StRAPs that are submitted by May 3, 2022. Requests for the draft agenda or making a presentation at the meeting...
April 25, 2022
Lynn L. Bergeson, “California Eyes Proposition 65 Modifications,” Chemical Processing, April 24, 2022.
On April 5, 2022, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice recommending additional revisions to its proposal to modify Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). OEHHA first proposed to change the short-form warning requirements on January 8, 2021. This column explains the significance of this development.
April 24, 2022
FDA Publishes Final Guidance for Industry on Drug Products, Including Biological Products, that Contain Nanomaterials
The U.S. Food and Drug Administration (FDA) announced on April 22, 2022, the availability of a final guidance for industry entitled “Drug Products, Including Biological Products, that Contain Nanomaterials.” 87 Fed. Reg. 24169. FDA states that the guidance applies to human drug products, including those that are biological products, in which a nanomaterial is present in the finished dosage form. The guidance discusses both general principles and specific considerations for developing drug...
April 22, 2022
Chemical Distribution in the Time of COVID-19 — A Conversation with Eric R. Byer, NACD
Bergeson & Campbell, P.C. (B&C®) is pleased to release a timely episode of the All Things Chemical™ podcast, “Chemical Distribution in the Time of COVID-19 — A Conversation with Eric R. Byer, NACD.” In this episode, Lynn L. Bergeson, Managing Partner, B&C, and Eric Byer, President and CEO of the National Association of Chemical Distributors (NACD), sat down to discuss current challenges facing small and large chemical distributors, and how NACD member...
On March 15-17, 2022, the U.S. Environmental Protection Agency (EPA) held a meeting of the Science Advisory Committee on Chemicals (SACC) to peer review EPA’s “Draft TSCA Screening Level Approach for Assessing Ambient Air and Water Exposures to Fenceline Communities Version 1.0” (screening methodology). As reported in our January 24, 2022, memorandum, EPA will use the screening methodology to evaluate potential chemical exposures and associated potential risks to fenceline communities...
With year one of the Biden Administration’s term in the history books, we have a clearer sense of how the U.S. Environmental Protection Agency (EPA) is proceeding on all fronts. EPA’s Office of Pesticide Programs (OPP) focuses on long-standing challenges, especially a renewed effort to meet Endangered Species Act (ESA) consultation requirements and determine how best to meet core pesticide registration review obligations in 2022. These program priorities must reflect special considerations...
The U.S. Environmental Protection Agency (EPA) announced on April 18, 2022, that it will hold a webinar on May 11, 2022, entitled “Data-Driven Solutions to Reducing Animal Use in Ecotoxicity.” Speakers will include: Carlie LaLone, Ph.D., EPA Office of Research and Development (ORD), on “The Sequence Alignment to Predict Across Species Susceptibility (SeqAPASS) Tool: Extrapolating Knowledge Computationally.” EPA states that regulatory decision-making for chemical safety relies upon...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 9, 2022, U.S. Senators Joni Ernst (R-IA) and Amy Klobuchar (D-MN) introduced the Home Front Energy Independence Act that would ban Russian oil and replace it with the use of biofuels produced in the United States. This bill combines parts of past bills that would make ethanol 15 (E15) available year-round, establish an E15 and Biodiesel Tax Credit, direct the U.S. Environmental Protection Agency (EPA) to finalize the E15...
The Chemicals Strategy for Sustainability, adopted by the European Commission in October 2020, calls on the Commission to ensure that Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures (CLP Regulation) is the central legislation for hazard classification and allows the Commission to initiate harmonised classifications. This article examines the effect of possible CLP amendments.
The Federal Trade Commission (FTC) announced on April 8, 2022, that it used its Penalty Offense Authority to take action against Kohl’s and Walmart “for falsely marketing dozens of rayon textile products as bamboo.” FTC also charged both companies with making deceptive environmental claims, “touting that the ‘bamboo’ textiles were made using ecofriendly processes, while in reality converting bamboo into rayon requires the use of toxic chemicals and results in hazardous...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On March 10, 2022, EPA issued a notice of disclosure to all obligated parties under the Renewable Fuel Standard (RFS) program that have petitioned for a small refinery exemption (SRE) or that have submitted certain RFS compliance reports. EPA will disclose information that is claimed to be, or has been determined to be confidential business information (CBI) from May 21, 2021, through December 31, 2023, to the Government...
The U.S. Environmental Protection Agency (EPA) proposed on April 12, 2022, to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently imported into the United States. 87 Fed. Reg. 21706. EPA proposes under Section 6(a) of the Toxic Substances Control Act (TSCA) to prohibit manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos in bulk or as part of chrysotile asbestos diaphragms used in the chlor-alkali...
The National Nanotechnology Initiative (NNI) announced on April 11, 2022, the release of a video documentary, NNI Retrospective Video: Creating a National Initiative, produced in cooperation with TV Worldwide. According to NNI, the video was made for the 20th NNI grantees conference at the National Science Foundation (NSF). Former President Clinton announced the creation of NNI in January 2000. NSF led the preparation of NNI together with other agencies, including the National Institutes of...
April 8, 2022
Register Now For “FIFRA Hot Topics” On Wednesday, April 20, 2022, From 12:00 p.m. – 1:00 p.m. (EDT)
Register now to join B&C for “FIFRA Hot Topics,” a complimentary webinar covering key priorities of Office of Pesticide Programs (OPP) and what companies should know to avoid market delays. With year one of the Biden Administration’s term in the history books, we have a clearer sense of how EPA is proceeding on all fronts. EPA’s OPP is focusing on long-standing challenges, especially a renewed effort to meet Endangered Species Act (ESA) consultation requirements and...
Wednesday, April 20, 202212:00 p.m. - 1:00 p.m. (EDT)Register Today Register now to join Bergeson & Campbell, P.C. (B&C®) for “FIFRA Hot Topics,” a complimentary webinar covering key Office of Pesticide Programs (OPP) priorities and what companies should know to avoid market delays. Speakers include: Lisa M. Campbell, Partner, B&C, moderator Edward Messina, Director, U.S. Environmental Protection Agency (EPA) OPP James V. Aidala, Senior Government...
April 4, 2022
President Biden’s FY 2023 Budget Request Would Strengthen TSCA and Tackle PFAS Pollution
On March 28, 2022, the Biden Administration submitted to Congress President Biden’s budget for fiscal year (FY) 2023. According to the U.S. Environmental Protection Agency’s (EPA) March 28, 2022, press release, the budget makes critical investments, including: Strengthening EPA’s Commitment and Ability to Implement Toxic Substances Control Act (TSCA) Successfully: The budget provides $124 million and 449 full time equivalents (FTE) for TSCA efforts “to deliver on the...
April 1, 2022
EC’s Public Consultation on Targeted Revision of the Cosmetic Products Regulation Includes Review of Nanomaterial Definition
The European Commission (EC) has begun a public consultation on how the Cosmetic Products Regulation could be improved to ensure human health and the functioning of the internal market. According to the EC, the identified shortcomings include “the lack of coherence between legislations on the definition of nanomaterials.” The EC notes that its October 2020 Chemicals Strategy for Sustainability outlines its goal to protect better the public and the environment against...