On January 17, 2023, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “EU 2025: Enjoying the Benefits of Nanotechnology and NMS” by Dr. Anastasios Papadiamantis and Dr. Antreas Afantitis, both of NovaMechanics Ltd. The authors report the findings of a study commissioned by EUON on the EU market for nanomaterials, including substances, uses, volumes, and key operators. The authors state that the EU (including the European Economic Area (EEA)...
Chemicals are the foundational origin of just about everything we enjoy and cannot live without. The federal law that authorizes the U.S. Environmental Protection Agency (EPA) to regulate industrial chemical substances is the Toxic Substances Control Act (TSCA), an almost 47-year-old law significantly amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). Lautenberg’s passage was a bipartisan triumph marking the do-over of a law that many...
January 30, 2023
Analyzing the EPA’s Proposal to List PFAS Chemicals as Hazardous Substances, January 30, 2023, via webinar
The Environmental Law Institute (ELI) presented "Analyzing the EPA’s Proposal to List PFAS Chemicals as Hazardous Substances," focusing on the U.S. Environmental Protection Agency (EPA) proposed rule designating perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This webinar discussed what this designation means for products regulation and for Superfund...
On January 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for those per- and polyfluoroalkyl substances (PFAS) that are currently on the Toxic Substances Control Act (TSCA) Inventory but that have not been actively manufactured (including imported) or processed in the United States since 2006 and are consequently designated as inactive on the TSCA Inventory. 88 Fed. Reg. 4937. Persons subject to the SNUR would be required to notify EPA at...
On January 17, 2023, the Health and Safety Executive (HSE) began a public consultation on changes to the data requirements in the Great Britain (GB) Biocidal Products Regulation (GB BPR). GB BPR applies to the supply and use of biocidal products. Biocidal products are products that control harmful organisms, and include insecticides, rodenticides, wood preservatives, anti-fouling coatings on ships, disinfectants, and hand sanitizers. HSE is consulting on proposed revisions to Annexes...
January 25, 2023
Lynn L. Bergeson Joins Craig Williams for Lawyer 2 Lawyer Episode “Environmental Law Series: Inside The Toxic Substances Control Act”
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...
January 24, 2023
Petition Filed to Add Polyphenylene Sulfide to List of Chemical Substances Subject to Superfund Excise Tax
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,...
January 24, 2023
BETO Announces that Scientists from Multiple National Labs Are Finding New Ways to Convert Carbon Di
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...