Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...
The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA Assistant Administrator. The Strategic Civil-Criminal Enforcement Policy sets forth requirements to ensure that EPA’s enforcement program maintains and strengthens the strategic partnership between civil and criminal enforcement. According to the Policy, to promote...
Bergeson & Campbell, P.C. (B&C) and B&C® Consortia Management, L.L.C. (BCCM) are pleased to announce that Julianne M. Ogden has joined our firms as a Consortium Manager. Prior to joining BCCM, Ms. Ogden was Associate Director, Chemical Products & Technology, at the American Chemistry Council. She holds a Bachelor of Science in Public Health from the University of Maryland, College Park. Ms. Ogden has a proven record of success assisting chemical stakeholder groups to address...
April 25, 2024
EPA Issues Emergency Fuel Waiver for E15 Sales
The U.S. Environmental Protection Agency (EPA) announced on April 19, 2024, that it issued an emergency fuel waiver for E15 sales. EPA states that the waiver will help consumers protect themselves against fuel supply shocks by reducing reliance on imported fossil fuels while also supporting American agriculture and manufacturing. EPA notes that current estimates indicate that “on average, E15 is about $0.25 a gallon cheaper than E10.” According to EPA, in approximately two-thirds of the...
The House Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on April 30, 2024, on the fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). EPA Administrator Michael S. Regan will testify, and he will be accompanied by EPA Chief Financial Officer Faisal Amin. As reported in our March 15, 2024, Monthly Federal Developments Memorandum, according to EPA’s March 11, 2024, statement on President Biden’s FY 2025...
April 23, 2024
EPA Designates PFOA and PFOS as CERCLA Hazardous Substances, Releases CERCLA Enforcement Discretion Policy
On April 19, 2024, the U.S. Environmental Protection Agency (EPA) announced a final rule that will designate perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and their salts and structural isomers as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA states that under the rule, entities are required to report immediately releases of PFOA and PFOS that meet or exceed the reportable quantity (RQ) of one pound within...
The European Union (EU) Observatory for Nanomaterials (EUON) invites proposals for upcoming studies aimed at addressing knowledge gaps for nanomaterials within the EU market, such as: EUON notes that studies are based on desk research and surveys and should not require laboratory research. EUON states that studies can cover nanomaterials in general, a specific nanomaterial, or a defined group of nanomaterials. EUON will make the outcome and study reports available on its website. Proposals are...
April 23, 2024
AMS Publishes RFI on Electronic and Digital Link Disclosures under the National Bioengineered Food Disclosure Standard
On April 10, 2024, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) published a request for information (RFI) about potential amendments to the electronic or digital link disclosure option as it pertains to the National Bioengineered Food Disclosure Standard (Standard). 89 Fed. Reg. 25187. Responses are due June 10, 2024. Background As amended in 2016, the Agricultural Marketing Act requires USDA to establish a national mandatory standard for disclosing any...
The U.S. Environmental Protection Agency (EPA) announced on March 25, 2024, that it has issued the fourth Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. According to EPA, the action requires the 3M Company (3M) and Wacker Chemical Corporation (Wacker) to conduct and submit testing on the physical-chemical properties of 2-(N-Methylperfluoro-1-octanesulfonamido)ethanol (NMeFOSE) (Chemical...
On April 17, 2024, the California Department of Pesticide Regulation (DPR) announced the details of its webinar scheduled for Tuesday, April 23, 2024, at 10:00 a.m. (PDT). The webinar is to discuss and receive feedback from registrants and other stakeholders on DPR’s intent to increase registration fees to a level that, according to DPR, supports the current and future business needs of the pesticide registration program. DPR states it has determined that current registration fees...