American Law Institute Continuing Legal Education (ALI CLE) and the Environmental Law Institute (ELI) present Environmental Law 2022, covering the latest developments in natural resources (air, water, species), climate, chemical, energy, and environmental justice; and what’s happened a year into a new Congress, a more conservative Supreme Court, and under the Biden-Harris administration, as well as what the future holds. Lynn L. Bergeson, Managing...
The U.S. Environmental Protection Agency (EPA) announced on February 14, 2022, that it will reopen the comment period for its draft revision to the risk determination for the cyclic aliphatic bromide cluster (HBCD) risk evaluation issued under the Toxic Substances Control Act (TSCA). As reported in our December 29, 2021, memorandum, EPA is reconsidering two key aspects of the risk determinations for HBCD. First, EPA proposes that the appropriate approach to these determinations under TSCA and...
February 15, 2022
EC Notifies WTO of Draft Amendment to Cosmetics Regulation to Prohibit Certain Nanomaterials
The European Commission (EC) notified the World Trade Organization (WTO) on February 11, 2022, of a draft amendment to the Cosmetics Regulation regarding the use of certain nanomaterials in cosmetics products. The EC states that the amendment is required to enact the prohibition to use in cosmetic products certain nanomaterials for which the Scientific Committee on Consumer Safety (SCCS) identified a basis of concern. The draft amendment would revise Annex II to the Cosmetics Regulation (list...
February 15, 2022
EPA Updates Resources to Help Federal Purchasers Meet the Biden Administration’s Sustainability Goal
By Lynn L. Bergeson and Carla N. Hutton The U.S. Environmental Protection Agency (EPA) announced on February 4, 2022, the release of a “new and improved” Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing under its Environmentally Preferable Purchasing (EPP) program, as well as a webpage highlighting ecolabel criteria that address per- and polyfluoroalkyl substances (PFAS). EPA states that “[t]hese actions are a key...
February 14, 2022
EPA Updates Resources to Help Federal Purchasers Meet the Biden Administration’s Sustainability Goals
The U.S. Environmental Protection Agency (EPA) announced on February 4, 2022, the release of a “new and improved” Framework for the Assessment of Environmental Performance Standards and Ecolabels for Federal Purchasing under its Environmentally Preferable Purchasing (EPP) program, as well as a webpage highlighting ecolabel criteria that address per- and polyfluoroalkyl substances (PFAS). EPA states that “[t]hese actions are a key step in implementing...
On January 18, 2022, the European Union (EU) Observatory for Nanomaterials (EUON) published a Nanopinion entitled “What does ‘Graphene’ really look like and why is it not ‘carbon nanotubes’” by Dr. Alberto Bianco, Dr. Maurizio Prato, and Dr. Kostas Kostarelos, of the Graphene Flagship, an EU research initiative, about graphene and why it is not the same as carbon nanotubes. The article states that in particular, the authors wish to emphasize “that ‘graphene’ as a single type of...
February 11, 2022
EPA Issues Enforcement Alert Regarding Ski Wax Products Containing Perfluorinated Chemicals
The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) issued a January 2022 enforcement alert entitled “Violations May Put Ski Wax Users at Risk from Illegal Perfluoroalkyl Substances.” According to the enforcement alert, EPA has identified several high-performance ski wax consumer products that contain perfluorinated chemicals that were not reviewed by EPA for health risks under the Toxic Substances Control Act (TSCA). EPA notes that these wax...
February 10, 2022
EPA Extends Comment Period for Draft Scope Document for Part Two of Asbestos Risk Evaluation
On February 10, 2022, the U.S. Environmental Protection Agency (EPA) extended the comment period on the draft scope of a risk evaluation under the Toxic Substances Control Act (TSCA) for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos. 87 Fed. Reg. 7833. As reported in our December 30, 2021, memorandum, in the Part 2 risk evaluation, EPA will evaluate the conditions of use of asbestos (including other types of asbestos fibers in addition to...
On February 8, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on an Information Collection Request (ICR) that EPA is planning to submit to the Office of Management and Budget (OMB): “Notification of Substantial Risk of Injury to Health and the Environment under the Toxic Substances Control Act (TSCA),” identified by EPA ICR No. 0794.17 and OMB Control No. 2070-0046. 87 Fed. Reg. 7173. The ICR represents the renewal of an...
February 9, 2022
DOE EERE BETO Issues Two RFIs On Biomass Conversion R&D
By Lynn L. Bergeson On February 1, 2022, DOE EERE BETO issued two new requests for information (RFI) on biomass conversion R&D and community organic waste programs. The RFI titled “Biomass Conversion Research, Development, and Analysis Programs” focuses on biomass conversion R&D and seeks to address improved robustness of microbial cells, catalytic processes, and state-of-technology analyses in the BETO research portfolio. Through this program, BETO is interested...