January 16, 2024

Recent Federal Developments for January 2024

TSCA/FIFRA/TRI EPA Publishes Final SNURs On Certain Chemical Substances: The U.S. Environmental Protection Agency (EPA) published final significant new use rules (SNUR) on December 18, 2023, for certain chemical substances that were the subject of premanufacture notices (PMN) and are also subject to an Order issued by EPA pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 87346. The SNURs require persons who intend to manufacture (defined by statute to include import) or...
January 16, 2024

Lynn L. Bergeson, “Global Chemical Regulations: 2024 Will Be a Consequential Year,” Chemical Processing, January 15, 2024.

The New Year is upon us, and 2024 is shaping up to be consequential on a global scale.  First, let’s look at U.S. policy and regulatory developments. In this election year, competing priorities will dominate U.S. Environmental Protection Agency (EPA) actions. The agency will seek to complete as many actions as possible while tempering its expectations to avoid any significant pre-election missteps. While there is no consensus on whether the Biden administration’s commitment to policy...
January 16, 2024

WDOE Petitions EPA to Eliminate Current Allowances for PCBs in Consumer Products

On January 4, 2024, the Washington Department of Ecology (WDOE) submitted a petition to the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. WDOE states that its research found that when PCBs are found in consumer products, “they are byproducts known to be associated with pigments, paints, or inks used in the manufacturing...
January 12, 2024

EPA Issues Final SNUR to Prevent Inactive PFAS from Reentering Commerce

On January 11, 2024, the U.S. Environmental Protection Agency (EPA) issued a final significant new use rule (SNUR) to prevent companies from starting or resuming the manufacture (including import) or processing of 329 per- and polyfluoroalkyl substances (PFAS) that are designated as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. 89 Fed. Reg. 1822. The final rule notes that persons subject to the final SNUR are required to notify EPA at least...
January 12, 2024

Lynn L. Bergeson Quoted in ICIS Article on Expected TSCA Restrictions

On January 11, 2024, Lynn L. Bergeson was quoted by ICIS in the article “US on track to restrict VCM, ACN, aniline under TSCA.” Under President Joe Biden, the EPA has taken a whole chemical approach to determine whether a substance poses an unreasonable risk. Under such an approach, the EPA is expected to find that VCM, ACN, aniline and the other two chemicals pose unreasonable risks, said Lynn Bergeson, managing partner at Bergeson & Campbell, a law firm that...
January 12, 2024

Minnesota Requests Comments on Planned Rules for MPCA’s Determination of Currently Unavoidable Uses of PFAS in Products

The Minnesota Pollution Control Agency (MPCA) has published a request for comments (RFC) on planned new rules governing currently unavoidable use (CUU) determinations for products containing per- and polyfluoroalkyl substances (PFAS). According to the RFC, the main purpose of the rulemaking is to establish criteria and processes through which MPCA will make decisions on what uses of intentionally added PFAS will qualify as CUUs in products sold, offered for sale, or distributed in Minnesota. Any...
January 11, 2024

B&C Consortia Management Seeks Consortium Manager

B&C® Consortia Management, L.L.C. (BCCM) is seeking a Consortium Manager (Manager) to provide operational, administrative, financial, and communication strategy and support to assigned BCCM consortia clients. The Manager reports to the BCCM Senior Manager. This position will be directed from our Washington, D.C., office with flexible telework arrangements available., including full time remote option. Overview of Requirements The successful candidate will be an experienced project manager...
January 11, 2024

GRAS: Are Changes in Our Future? — A Conversation with Karin F. Baron

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss an old but evolving concept in FDA circles called GRAS — Generally Recognized as Safe. As listeners may know, “food additives” require pre-market approval by FDA. Substances “generally recognized” as safe under the conditions of a substance’s intended use...
January 11, 2024

EPA Will Hold Webinar on PFAS Reporting Requirements on January 25, 2024

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 25, 2024, on its October 2023 per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity,...
January 10, 2024

Nano4EARTH Will Hold Roundtable Discussion on Catalysts on January 24, 2024

Nano4EARTH will hold a roundtable discussion on January 24, 2024, on nanotechnology-enabled catalysts that could help achieve climate goals. The discussion aims to identify fundamental knowledge gaps, needs, and opportunities to advance current climate mitigation goals through the use of nanocatalysts in industrial processes. According to the National Nanotechnology Initiative (NNI), by convening stakeholders from different sectors, backgrounds, and expertise, the goal of the roundtable “is to...