October 15, 2024

Recent Federal Developments for October 2024

TSCA/FIFRA/TRI White House OSTP Releases PFAS Federal R&D Strategic Plan:The White House Office of Science and Technology Policy (OSTP) announced on September 3, 2024, the release of its Per- and Polyfluoroalkyl Substances (PFAS) Federal Research and Development Strategic Plan (Strategic Plan). Prepared by the Joint Subcommittee on Environment, Innovation, and Public Health PFAS Strategy Team (PFAS ST) of the National Science and Technology Council, the Strategic Plan provides a federal...
October 15, 2024

EPA Issues Annual Progress Report on Pesticide Reregistration Performance Measures and Goals

On October 3, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for pesticide reregistration during fiscal years (FY) 2020, 2021, and 2022. 89 Fed. Reg. 80558. Section 4(l) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. The Report discusses the...
October 15, 2024

EPA Announces Release of Interim Guidance for the Evaluation of Products for Claims against Viruses

On October 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of interim guidance to expand the availability of virucidal claims for antimicrobial pesticides. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products that meet the criteria for a bacterial disinfectant and/or sanitizer (e.g., household antimicrobial wipes and sprays) consistent with current test guidelines. EPA states that it intends to grant...
October 12, 2024

EPA Extends Enforcement Statement for Regulation of DecaBDE-Containing Wire and Cable Insulation in Nuclear Power Generation Facilities

On September 27, 2024,  the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the Toxic Substances Control Act (TSCA) Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to...
October 11, 2024

Canada Begins Public Consultations on Initiatives Supporting CEPA Amendments

On October 5, 2024, Canada released three significant documents that move it closer to implementing the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA). The 2023 legislation, Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), requires that decisions made under CEPA respect the right to a healthy environment. Canada has released a draft implementation framework setting out how the Minister of the Environment and the Minister of Health (the...
October 10, 2024

With Less Than One Month until Election Day, a Growing List of Policy Issues Needs Attention during the Lame Duck Session

The list of pending issues that Congress could consider during the lame duck session in 2024 continues to grow. The list includes “must pass” items, including appropriations to fund the government through the remainder of Fiscal Year (FY) 2025 and the National Defense Authorization Act (NDAA). This blog focuses on issues not getting the congressional attention they deserve. Members of Congress returned to Washington, D.C., from summer recess for a three-week work period in September....
October 9, 2024

Senate Committee Hearing on Public Impacts of PFAS Exposures Postponed

As reported in our September 24, 2024, blog item, the Senate Committee on Environment and Public Works (EPW) was scheduled to hold a hearing on September 26 titled “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The hearing was postponed on September 25, 2024, when the Senate adjourned until November after enactment of H.R. 9747, the Continuing Appropriations and Extensions Act, 2025, also known as the Continuing Resolution (CR) to fund...
October 9, 2024

EPA Accepting Comment on Next Round of Chemicals to Be Considered for Prioritization under TSCA

The U.S. Environmental Protection Agency (EPA) is accepting comment on the next round of chemicals that it may prioritize for risk evaluation under the Toxic Substances Control Act (TSCA). EPA announced the list of 27 chemicals during webinars on September 30 and October 1, 2024. According to the slides from the webinar, the candidate chemicals are: 1-Hexadecanol 2-Ethylhexyl 2,3,4,5-tetrabromobenzoate (TBB) 4-tert-Octylphenol (4-(1,1,3,3-Tetramethylbutyl)-phenol) Benzene bis(2-Ethylhexyl)...
October 9, 2024

EPA Seeks Public Comment on Manufacture of Certain PFAS during Fluorination of HDPE and Other Plastic Containers

On September 30, 2024, the U.S. Environmental Protection Agency (EPA) requested public comment on the manufacture of certain per- and polyfluoroalkyl substances (PFAS), including perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorodecanoic acid (PFDA), during the fluorination of high-density polyethylene (HDPE) and other plastic containers to inform regulations as appropriate under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 79581. EPA notes that this request for...