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On January 20, 2023, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) joined Craig Williams for “Environmental Law Series: Inside The Toxic Substances Control Act” on the Environmental Law series of the Lawyer 2 Lawyer podcast. During this conversation, Ms. Bergeson and Mr. Williams discuss history and impact of the Toxic Substances Control Act (TSCA) on the manufacturing, processing, distribution, use, and disposal of commercial and industrial chemicals. This...

The U.S. Environmental Protection Agency (EPA) announced on January 19, 2023, the availability of and solicited public comment on a draft white paper entitled “Availability of New Approach Methodologies (NAMs) in the Endocrine Disruptor Screening Program (EDSP).” 88 Fed. Reg. 3406. EPA states that it developed the draft white paper pursuant to the Federal, Food, Drug, and Cosmetic Act (FFDCA), which requires EPA to develop a screening program to determine whether certain substances may...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s Bioenergy Technologies Office (BETO) announced on January 23, 2023, that researchers at the National Renewable Energy Laboratory (NREL) examined the benefits and trade-offs of current and emerging technologies for recycling certain types of plastics to determine the optimal options. According to BETO, the researchers provided a comparison of various closed-loop recycling technologies, which allow for the reuse...

The Internal Revenue Service (IRS) announced on December 30, 2022, that it received a petition requesting the addition of polyphenylene sulfide to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 87 Fed. Reg. 80579. The petitioner is Celanese Ltd., an exporter of polyphenylene sulfide. According to the petition, “polyphenylene sulfide is a high-performance thermoplastic, has high heat and chemical resistance, and is used in applications such as filters,...

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Energy’s Bioenergy Technologies Office (BETO) announced on January 20, 2023, that a collaborative team of BETO-funded scientists from Argonne National Laboratory (ANL) and National Renewable Energy Laboratory (NREL) are searching for carbon utilization technologies that can make better use of the carbon dioxide generated by industry, transportation, and agriculture by transforming it into sustainable aviation fuel and...

On January 13, 2023, the U.S. Environmental Protection Agency (EPA) announced it is notifying pesticide registrants that EPA will send supplemental invoices to reflect the new annual pesticide registration maintenance fee for fiscal year (FY) 2023. To meet new statutory requirements in the Pesticide Registration Improvement Act of 2022 (PRIA 5), which was signed into law on December 29, 2022, the revised fee for FY 2023 for each registered pesticide product will be $4,875,...

The Organization for Economic Cooperation and Development (OECD) will hold a webinar on February 7, 2023, on Test Guideline (TG) No. 125: Nanomaterial Particle Size and Size Distribution of Nanomaterials. OECD states that it will present the methods described in TG No. 125 to determine the size and size distributions of nanomaterial particles and fibers spanning from one nanometer (nm) to 1,000 nm. During the webinar, attendees will be able to learn the use and limitation of the...

The Internal Revenue Service (IRS) announced on January 19, 2023, that it received a petition requesting the addition of 4,4′-isopropylidenediphenol-epichlorohydrin copolymer (bisphenol A epoxy resin) to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 88 Fed. Reg. 3478. The petitioner is Westlake Epoxy Inc., an exporter of 4,4′-isopropylidenediphenol-epichlorohydrin copolymer. According to the petition, “4,4′-Isopropylidenediphenol-Epichlorohydrin...

The U.S. Environmental Protection Agency (EPA) announced on January 4, 2023, that it issued the next Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. The test order requires companies to conduct and submit testing on trifluoro(trifluoromethyl)oxirane (HFPO), a perfluoroalkyl substance used in making plastics. EPA states that this is “the second test order under the strategy...

L’association de veille et d’information civique sur les enjeux des nanosciences et nanotechnologies (AVICENN), a French non-governmental organization (NGO), announced on December 15, 2022, publication of a report entitled Searching for [Nanos] in Everyday Products. AVICENN sought to obtain an “overview of ‘nano impregnation’ in everyday consumer products in 2021-2022.” AVICENN selected products from categories already tested (food products, cosmetics, and medicines)...