September 24, 2024

EPA Moves for Voluntary Remand, Seeks to Reconsider PMNs in Cherokee Concerned Citizens

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens or review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA). Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it wishes to withdraw the Order and reconsider the 18 premanufacture notices (PMN) covered by the...
September 24, 2024

EPA Proposes Updates to Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing

On September 13, 2024, the U.S. Environmental Protection Agency (EPA) began a public comment period on a proposed update to its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing (Recommendations) that help federal government purchasers and other buyers use private sector standards and ecolabels to buy products that are more sustainable and climate-friendly and contain safer chemical ingredients. 89 Fed. Reg. 74940. In its September 10, 2024, press release, EPA...
September 24, 2024

Senate Committee Will Hold Hearing on September 26 on Public Health Impacts of PFAS Exposures

The Senate Committee on Environment and Public Works will hold a hearing on September 26, 2024, on “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The Committee will hear from the following witnesses: Laurel Schaider, Ph.D., Senior Scientist, Environmental Chemistry and Engineering, Silent Spring Institute; Sue Fenton, Ph.D., Director of the Center for Human Health and the Environment, Professor of Biological Sciences, North Carolina State...
September 23, 2024

EPA Extends 2024 CDR Submission Deadline to November 22, 2024

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is extending the submission deadline for 2024 Chemical Data Reporting (CDR) reports from September 30, 2024, to November 22, 2024. The CDR regulations require manufacturers (including importers) of chemicals listed on the Toxic Substances Control Act (TSCA) Inventory to report data on the manufacturing, processing, and use of those chemicals every four years. For the 2024 data submission period, this applies...
September 20, 2024

Congress Fails to Pass Spending Legislation, but a Shutdown Is Unlikely

Congress has not passed legislation to fund the federal government for fiscal year 2025 (FY 2025) that begins October 1, 2024. The House of Representatives on September 18 tried -- and failed -- to pass legislation to fund the government into March 2025. The good news, however, is that Congress is expected to fund the federal government before the current funding expires at midnight, September 30. Congress will return to Washington, D.C., after the election -- and several months into FY 2025 --...
September 19, 2024

EPA Announces New Outdoor Use Safer Choice Label

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2024, the launch of an Outdoor Use Safer Choice label. According to EPA, this new label expands on its existing Safer Choice label and will identify outdoor use products -- such as pet care products, fire defense products, and car, boat, or grill cleaners -- that meet additional EPA criteria to help protect the environment. EPA states that it examines every ingredient, no matter its concentration, to make sure Safer...
September 19, 2024

Lynn L Bergeson, “PFAS Risk and the Role of the Corporate Fiduciary,” Corporate Disputes Magazine, October 2024.

Corporate entities are feeling the heat per-and poly fluoroalkyl substances (PFAS) are generating. PFAS manufacturers are being sued in record numbers in the US based on novel legal theories involving personal injury tort claims, product liability, environmental damage and fraud among other things. Heightened legal activity in other jurisdictions, including the UK and the European Union (EU), is expected. Manufacturers of products containing PFAS, and their downstream users, are also becoming...
September 19, 2024

TSCA Reform: Eight Years Later — Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to...
September 18, 2024

EPA Calls for Nominations of Peer Reviewers for 1,3-Butadiene

The U.S. Environmental Protection Agency (EPA) called for nominations on September 18, 2024, of scientific and technical experts that EPA can consider for service as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation for 1,3-butadiene conducted under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 76467. EPA states that it will submit the draft risk evaluation of 1,3-butadiene and associated supporting...
September 17, 2024

OECD Publishes Synthesis Report on Understanding Perfluoropolyethers and Their Life Cycle

On September 12, 2024, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Synthesis report on understanding Perfluoropolyethers (PFPEs) and their life cycle. OECD states that the report presents a synthesis of publicly available information on PFPEs with the aim of elucidating the identities of PFPEs on the global market and analyzing their life cycle. OECD notes that this includes their production and use, presence of other per- and polyfluoroalkyl...