May 5, 2023

Lynn L. Bergeson, “TSCA litigation: The case to watch,” Speciality Chemicals Magazine, May/June 2023.

The implementation of the game-changing 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act, amending the Toxic Substances Control Act (TSCA), is now a hotbed of legal dispute. Lawsuits challenging key aspects of the law’s implementation are piling up. While all are legally noteworthy, one citizen enforcement case in particular merits attention. As discussed below, two recent cases have raised novel issues pertinent to the scope of the U.S. Environmental Protection Agency’s...
May 5, 2023

EPA Issues Emergency Fuel Waiver for E15 Sales

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Environmental Protection Agency (EPA) announced on April 28, 2023, that it issued an emergency fuel waiver to allow E15 gasoline — gasoline blended with 15 percent ethanol — to be sold “during the summer driving season.” EPA states that this action will provide relief from ongoing market supply issues “created by Russia’s unprovoked war in Ukraine by increasing fuel supply and offering consumers more...
May 4, 2023

FDA Seeks Comment on Request to Revoke the Color Additive Listing for Use of Titanium Dioxide in Food

The U.S. Food and Drug Administration (FDA) announced on May 3, 2023, that it has filed a color additive petition (CAP 3C0325), submitted by the Environmental Defense Fund (EDF), the Center for Environmental Health (CEH), the Center for Food Safety (CFS), the Center for Science in the Public Interest (CSPI), and the Environmental Working Group (EWG). 88 Fed. Reg. 27818. The petition proposes that FDA repeal the color additive regulation for titanium dioxide in 21 C.F.R....
May 4, 2023

EC Committee Begins Public Consultation on Preliminary Opinion on Fullerenes, Hydroxylated Fullerenes, and Hydrated Forms of Hydroxylated Fullerenes (Nano)

The European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) has begun a public consultation on its preliminary opinion on fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes (nano). The EC asked SCCS if it considers fullerenes, hydroxylated fullerenes, and hydrated forms of hydroxylated fullerenes safe when used in cosmetic products according to the maximum concentrations and specifications as reported via the Cosmetic Product...
May 4, 2023

EPA Proposes to Prohibit Most Uses of Methylene Chloride under TSCA Section 6(a)

On May 3, 2023, the U.S. Environmental Protection Agency (EPA) proposed to prohibit most uses of methylene chloride under Section 6(a) of the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 28284. EPA states in its April 20, 2023, press release that its unreasonable risk determination for methylene chloride was driven by risks associated with workers, occupational non-users (ONU), consumers, and those in close proximity to a consumer use. EPA identified risks for adverse human...
May 4, 2023

Bipartisan Group of Legislators Call for Strengthened RFS

By Lynn L. Bergeson and Carla N. Hutton   On April 11, 2023, a bipartisan group of legislators led by Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) sent a letter to the U.S. Environmental Protection Agency (EPA), urging it to strengthen the Renewable Fuel Standard (RFS) by maintaining the blending requirements for 2023; denying all pending Small Refinery Exemptions (SRE); eliminating proposed retroactive cuts to the renewable volume obligations (RVO); and setting RFS volumes...
May 3, 2023

GAO Recommends Actions to Improve DOD’s Ability to Prevent the Procurement of Items Containing PFAS

The U.S. Government Accountability Office (GAO) published a report on April 26, 2023, entitled “Persistent Chemicals: Actions Needed to Improve DOD’s Ability to Prevent the Procurement of Items Containing PFAS.” GAO notes that starting April 2023, the Department of Defense (DOD) was prohibited from procuring items in four categories if they contain certain per- and polyfluoroalkyl substances (PFAS). The National Defense Authorization Act for Fiscal Year 2022 includes a provision for GAO to...
May 3, 2023

EPA Holds Preparatory Meeting for SACC Review of Draft Cumulative Risk Documents

On April 24, 2023, the U.S. Environmental Protection Agency (EPA) held a virtual public preparatory meeting for the Science Advisory Committee on Chemicals (SACC) members, ad hoc reviewers, and the public to comment on and ask questions regarding the scope and clarity of the draft charge questions to be used for the May 8-11, 2023, review of two draft documents related to cumulative risk assessment (CRA) under the Toxic Substances Control Act (TSCA). As reported in our...
May 3, 2023

APHIS Releases New Strategic Plan for 2023-2027, Includes Biotechnology Objectives

By Lynn L. Bergeson and Carla N. Hutton   On April 25, 2023, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it published a new five-year strategic plan. According to APHIS, it incorporates input it received from stakeholders on the strategic framework, a summarized version of the plan that it published in June 2022. The plan includes six strategic goals that focus on working to: Protect agriculture from...
May 2, 2023

Save the Date for “TSCA Reform — Seven Years Later” on June 29, 2023

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to announce the seventh annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform — Seven Years Later,” to occur Thursday, June 29, 2023. This complimentary virtual conference featuring speakers from the U.S. Environmental Protection Agency (EPA) and non-governmental and industry stakeholders will...