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New chemical innovation is not as celebrated as innovation in electronics, materials, software, or other sectors, but it is every bit as important. Many believe, as do we, that new chemical innovation is essential to achieving sustainable development. For this reason, a close look at the 2016 amendments to the Toxic Substances Control Act (TSCA) and the U.S. Environmental Protection Agency’s (EPA) implementation of them offers valuable insights into whether the new U.S. industrial chemical...

The citizen suit provisions of the Toxic Substances Control Act (TSCA) are turning out to be a potentially powerful tool for advocates dissatisfied with risk evaluations conducted under TSCA Section 6. What is unclear is whether anyone intended this result. This column discusses the new and somewhat surprising role TSCA Section 21 citizen petitions may play in defining chemical risks under TSCA. The issue involves an interesting TSCA Section 21 petition filed in 2016 that has been the subject of...

Kevin L. Bromberg, Assistant Chief Counsel for Environmental Policy for the U.S. Small Business Administration’s (SBA) Office of Advocacy, will retire from federal service on January 3, 2020.  Bromberg served two terms in the Office of Advocacy, from 1979 to 1991 and from 1994 to the present.  Prior to rejoining the Office of Advocacy in 1994, Bromberg represented small business trade associations in regulatory matters dealing with the U.S. Environmental Protection Agency...

The U.S. Environmental Protection Agency (EPA) released on December 20, 2019, an updated version of the “Working Approach” document that builds upon EPA’s November 2017 “New Chemicals Decision-Making Framework:  Working Approach to Making Determinations under Section 5 of TSCA.”  EPA discussed the updated document, “TSCA New Chemical Determinations:  A Working Approach for Making Determinations under TSCA Section 5,” at a public meeting on December 10, 2019. ...

The U.S. Environmental Protection Agency (EPA) published on December 20, 2019, the final list of high-priority chemicals.  These chemicals will be the next 20 chemicals to undergo risk evaluation under the amended Toxic Substances Control Act (TSCA).  According to EPA, issuing the final list of high-priority chemicals for risk evaluation “represents the final step in the prioritization process outlined in TSCA and marks another major TSCA milestone for EPA in its efforts to ensure...

On November 20, 2019, the U.S. Environmental Protection Agency (EPA) signed off on final changes to the risk management program (RMP) rule, most recently amended in January 2017. The regulations were promulgated under Section 112(r) of the Clean Air Act (CAA) when the law was amended in 1990. This section is intended to prevent or minimize the consequences of accidental chemical releases. A need to prevent or minimize the catastrophic consequences of accidental chemical release is a point few...

By Lynn L. Bergeson On December 19, 2019, the U.S. Environmental Protection Agency (EPA) Administrator, Andrew Wheeler, signed the final rule on the Renewable Fuel Standard (RFS) program, setting the renewable fuel percentages for 2020. Titled Renewable Fuel Standard Program: Standards for 2020 and Biomass-Based Diesel Volume for 2021 and Other Changes, the final rule establishes the annual percentage standards for cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable...

The U.S. Environmental Protection Agency (EPA) released on December 20, 2019, an updated version of the “Working Approach” document that builds upon EPA’s November 2017 “New Chemicals Decision-Making Framework:  Working Approach to Making Determinations under Section 5 of TSCA.”  EPA discussed the updated document, “TSCA New Chemical Determinations:  A Working Approach for Making Determinations under TSCA Section 5,” at a public meeting on December 10, 2019. ...

This week, I sat down with my colleague Christopher Bryant, a Senior Regulatory Consultant here at Bergeson & Campbell. Chris has over 25 years of experience in environmental, health, and safety compliance, and, in particular, hazardous waste management and regulation under the Resource Conservation and Recovery Act (RCRA). I asked Chris to the studio to speak with me about RCRA:  what it is, how the law has developed, what is covered under it, and how we might expect -- or hope -- it...

This week, I sat down with my colleague Christopher Bryant, a Senior Regulatory Consultant here at Bergeson & Campbell. Chris has over 25 years of experience in environmental, health, and safety compliance, and, in particular, hazardous waste management and regulation under the Resource Conservation and Recovery Act (RCRA). I asked Chris to the studio to speak with me about RCRA:  what it is, how the law has developed, what is covered under it, and how we might expect -- or hope -- it...

The U.S. Environmental Protection Agency (EPA) announced on December 18, 2019, that it is extending the public comment period for the draft risk evaluation of N-methylpyrrolidone (NMP) to give stakeholders more time to review and comment on the draft document.  Comments are now due January 21, 2020.  EPA states that it will use feedback received from the public comment process, along with input from the Science Advisory Committee on Chemicals (SACC), to inform the final risk evaluation for...

The U.S. Environmental Protection Agency (EPA) announced on December 13, 2019, that it contracted the National Academies of Science (NAS) to conduct a peer review of its Application of Systematic Review in TSCA Risk Evaluations.  According to EPA, this review will help provide it with important feedback on its approach to selecting and reviewing the scientific studies that are used to inform Toxic Substances Control Act (TSCA) risk evaluations.  EPA states that “[‌i]ntegrating...

On December 19, 2019, from 2:00 p.m. to 2:30 p.m. (EST), the U.S. Environmental Protection Agency (EPA) will host a conference call to review certain provisions of the final rule on fees for the administration of the Toxic Substances Control Act (TSCA).  EPA states that it will provide a brief overview of the fees associated with an EPA-initiated risk evaluation, the creation of the preliminary list that identifies manufacturers and importers subject to fees, and how it divides fees among the...

The European Commission’s (EC) Joint Research Center (JRC) recently published a JRC Science for Policy Report entitled Identification of nanomaterials through measurements that is intended to support the implementation of the EC’s Recommendation on the definition of nanomaterials (2011/696/EU).  It is a follow-up of a previous JRC Science for Policy Report on concepts and terms used in the definition.  The present report addresses identification of nanomaterials...

By Lynn L. Bergeson On December 6, 2019, DOE announced that the applications currently being accepted for free assistance preparing Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) FY 2020 Phase I Release 2 applications. There are a variety of eligibility criteria, and because space is limited, DOE Phase 0 applicants are admitted on a first-come, first-served basis. Each small business, however, is evaluated for selection to receive administrative and...

By Lynn L. Bergeson On December 9, 2019, 22 Senate Democrats released a letter supporting the expansion of green energy tax credits. This letter was drafted in response to the Growing Renewable Energy and Efficiency Now (GREEN) Act discussion draft that was circulated in the U.S. House of Representatives on November 19, 2019. The Senators agree with the priorities of the GREEN Act and pledge to similarly prioritize and include: Offshore Wind Investment Tax Credit,   Storage Investment Tax...

The January 15, 2020, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is fast approaching.  The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires that everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance fee to keep the registration in effect.  The maintenance fee...

The U.S. Environmental Protection Agency (EPA) will host its first annual conference to discuss alternative test methods and strategies to reduce animal testing on December 17, 2019, in Washington, D.C.  According to EPA, the conference will bring together some of the leading voices in environmental and health research to discuss efforts to reduce testing on mammals.  The conference will focus on the New Approach Methods (NAM) and will feature presentations by U.S. and...