Category: General

April 1, 2022

Monthly Update for April 2022

WEBINAR - Register Now For “FIFRA Hot Topics,” April 20, 2022, 12:00 p.m. EDT: In 2022, the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) is directing focus to long-standing challenges, including renewed efforts to meet Endangered Species Act (ESA) consultation requirements with the release of the Balancing Wildlife Protection and Responsible Pesticide Use work plan, determining how best to meet core pesticide registration review obligations,...
March 31, 2022

Reflections on TSCA Implementation — A Conversation with Alexandra Dunn

Download transcript. This week, I was delighted to visit again with Alexandra Dunn, now a Partner with Baker Botts and immediate past Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). As Assistant Administrator, Alex was respected and liked by a diversity of industrial and agricultural chemical stakeholders, revered by her immediate staff, and hugely popular as an EPA senior leader. Alex led OCSPP at a...
March 30, 2022

TSCA New Chemicals Coalition Asks EPA to Suspend Decision to Revoke 1980 Guidelines to Correct the Chemical Identity of a Substance on the TSCA Inventory

As reported in our February 28, 2022, blog item, on February 25, 2022, the U.S. Environmental Protection Agency (EPA) announced that it is revoking the 1980 guidelines and associated procedures for correcting the specific chemical identities of incorrectly described chemical substances submitted to EPA in 1978 using the original reporting form for inclusion on the Toxic Substances Control Act (TSCA) Inventory. 87 Fed. Reg. 10781. On March 25, 2022, the TSCA New Chemicals Coalition...
March 28, 2022

EPA Calls for Submissions for 2022 Safer Choice Partner of the Year Awards

The U.S. Environmental Protection Agency (EPA) Safer Choice Program announced on March 28, 2022, that it is accepting submissions for its 2022 Safer Choice Partner of the Year Awards. 87 Fed. Reg. 17287. EPA states that it developed the Partner of the Year Awards “to recognize the leadership contributions of Safer Choice partners and stakeholders who, over the past year, have shown achievement in the design, manufacture, selection and use of products with safer chemicals, that further...
March 25, 2022

EPA Issues Test Orders for Eight of the Next 20 Chemicals Being Evaluated under TSCA

The U.S. Environmental Protection Agency (EPA) announced on March 24, 2022, that it has issued a second round of test orders under Section 4 of the Toxic Substances Control Act (TSCA) to obtain additional data on eight of the next 20 chemicals undergoing risk evaluation. EPA states that after reviewing reasonably available data on these chemicals, it determined additional data are needed and is using its TSCA test order authority to require companies to develop and submit...
March 24, 2022

RAC Adopts Opinion on Harmonized Classification and Labeling for MWCNTs

The European Chemicals Agency (ECHA) announced on March 22, 2022, that the Committee for Risk Assessment (RAC) recently adopted ten opinions on harmonized classification and labeling (CLH), including an opinion for multi-walled carbon nanotubes (MWCNT). According to the annex to ECHA’s announcement, MWCNTs possess properties that make them useful for industrial applications in new or enhanced materials and products (e.g., tensile strength, electrical and thermal...
March 24, 2022

EPA Holds Webinar on Biofuel PMNs: New Chemical Risk Assessment and Applications of the Tools and Models

On March 23, 2022, the U.S. Environmental Protection Agency (EPA) held a webinar on “Biofuel Premanufacture Notices: New Chemical Risk Assessment and Applications of Tools and Models.” As reported in our January 24, 2022, blog item, in January 2022, EPA announced an effort to streamline the review of new biobased or waste-derived chemicals that could displace current, higher greenhouse gas (GHG)-emitting transportation fuels. EPA states that to support this effort, it is...
March 23, 2022

EC Requests SCCS for a Scientific Opinion on “Hydroxyapatite (Nano)”

On March 17, 2022, the European Commission (EC) requested that the Scientific Committee on Consumer Safety (SCCS) prepare a scientific opinion on “hydroxyapatite (nano).” As reported in our April 13, 2021, blog item, SCCS issued a final opinion in 2021 stating that having considered the data provided, and other relevant information available in scientific literature, it “cannot conclude on the safety of the hydroxyapatite composed of rod-shaped nanoparticles for use in oral-care...
March 17, 2022

Karin F. Baron, MSPH, Elected to the Society for Chemical Hazard Communication Board of Directors

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Karin F. Baron, MSPH, has been elected to the Board of Directors of the Society for Chemical Hazard Communication. Ms. Baron, a Senior Regulatory Consultant with B&C and Acta, will serve a two-year term. Ms. Baron has participated as an active member of SCHC for the past 20 years; she is the immediate past Chair of the Professional Development Committee. We are especially pleased that Ms....
March 14, 2022

House Committee Will Hold Hearing on Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow

On March 16, 2022, the House Science, Space, and Technology Subcommittee on Energy will hold a hearing on “Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow.” According to the hearing charter, the purpose of the hearing is to examine the status of bioenergy research, development, and demonstration (RD&D) activities carried out by the U.S. Department of Energy (DOE). The hearing will also consider advancements in bioenergy research and the potential role...
March 14, 2022

EPA Proposes to Consolidate TSCA Section 8 ICRs

The U.S. Environmental Protection Agency (EPA) announced on March 8, 2022, that it is planning to consolidate several Information Collection Requests (ICR) covering reporting and recordkeeping activities under Section 8 of the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 12954. Before submitting the consolidated ICR to the Office of Management and Budget (OMB) for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection. The...
March 14, 2022

U.S. Senators Klobuchar And Grassley Urge EPA To Prioritize RFS In Bipartisan Letter

By Lynn L. Bergeson  On January 31, 2022, U.S. Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) and 12 of their colleagues submitted a letter to EPA Administrator, Michael Regan, regarding EPA’s RFS Annual Rules and Proposed RFS Small Refinery Exemption Decision. In the bipartisan letter, Senators Klobuchar and Grassley and their colleagues urge EPA to prioritize the RFS in support of a “homegrown energy future” by: Maintaining the blending requirements for...
March 10, 2022

Registration Opens for April SACC Meeting on Draft TSCA Systematic Review Protocol

The U.S. Environmental Protection Agency (EPA) announced on March 10, 2022, that registration is now open for the April 19-21, 2022, virtual meeting of the Science Advisory Committee on Chemicals (SACC). During the meeting, SACC will peer review the draft Toxic Substances Control Act (TSCA) Systematic Review Protocol. SACC’s virtual meeting is open to the public, and registration is required. EPA states that the draft Protocol, released in December 2021 for public comment,...
March 10, 2022

EPW Holds Hearing On RFS

By Lynn L. Bergeson  On February 16, 2022, EPW held a hearing to examine EPA’s RFS program. U.S. Senator and EPW Chairman, Tom Carper (D-DE), made the opening statement, highlighting that EPW had not held an oversight hearing on the RFS since 2016. While Senator Carper demonstrated continued support for the RFS program, he also noted that “[f]or example, the amount of advanced renewable fuel used today in this country is far less than the 36 billion gallons that Congress...
March 8, 2022

EPA Releases Response Denying Objections to Its Final Rule Revoking All Tolerances for Chlorpyrifos

On February 25, 2022, the U.S. Environmental Protection Agency (EPA) announced it has issued a response denying the objections filed against its final rule revoking all chlorpyrifos tolerances (Response). EPA issued the August 18, 2021, final rule in response to the Ninth Circuit Court’s Order directing EPA to issue a final rule in response to Pesticide Action Network North America and Natural Resources Defense Council’s 2007 petition, which requested EPA to revoke all...
March 8, 2022

Avoid the Audit: Best Practices for Staying in Compliance, March 8, 2022, Arlington, VA

The National Association of Chemical Distributors (NACD) presents "Avoid the Audit: Best Practices for Staying in Compliance" as part of their Spring 2022 Regulatory and Responsible Distribution Workshops covering hot-button regulatory issues. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) will present “EPA Toxic Substances Control Act and Federal Insecticide, Rodenticide, and Fungicide Act,” providing an overview of chemical distributors’ obligations...
March 8, 2022

OSTP Publishes RFI to Support Development of a Federal Scientific Integrity Policy Framework

On March 3, 2022, the White House Office of Science and Technology Policy (OSTP) published a request for information (RFI) to support the development of a federal scientific integrity policy framework. 87 Fed. Reg. 12165. According to OSTP, the framework will include assessment criteria that OSTP and agencies can use to inform, review, and improve the content and implementation of agency scientific integrity policies. To support this framework, OSTP seeks information on: (1) how scientific...
March 7, 2022

EPA Updates TSCA Inventory

The U.S. Environmental Protection Agency (EPA) announced on March 4, 2022, the availability of the latest Toxic Substances Control Act (TSCA) Inventory. EPA states that the biannual update to the public TSCA Inventory is part of its regular posting of non-confidential TSCA Inventory data. EPA plans the next regular update of the Inventory for summer 2022. According to EPA, the Inventory contains 86,631 chemicals, of which 42,039 are active in U.S commerce. Other updates include new chemical...
March 4, 2022

EPA Selects 11 Organizations To Receive Funding To Address The Climate Crisis Through Food Diversion

By Lynn L. Bergeson  On February 24, 2022, EPA announced the selection of 11 organizations to receive a total of approximately $2 million in funding to divert food waste from landfills by expanding anaerobic digester capacity nationwide. Anaerobic digestion (AD) produces biogas that can be captured and used for energy production and digestate (a fertilizer product) by using microorganisms to break down organic materials, such as food scraps and manure, in the absence of oxygen. By...
March 3, 2022

The “PIPing” Point — A Conversation with Kelly Scanlon, DrPH, Director of EHS at IPC

Download transcript. Dr. Scanlon's audio quality was affected during parts of this interview due to technical issues. We apologize for the inconvenience. This week I had the pleasure of sitting down with Kelly Scanlon, DrPH, CIH, Director of Environmental Policy & Research, Global Government Relations, at IPC. IPC, as many of you know, is an organization accredited by the American National Standards Institute as a standards development organization. It publishes the most widely used...