June 30, 2023

Biden Administration Announces Funding for Homegrown Biofuels under Inflation Reduction Act

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Department of Agriculture announced on June 26, 2023, that it plans to invest up to $500 million from President Biden’s Inflation Reduction Act to increase the availability of domestic biofuels and “give Americans additional cleaner fuel options at the pump.” USDA notes that in December 2022, it made available $50 million in Inflation Reduction Act funding to expand the use and availability of higher-blend biofuels through...
June 29, 2023

TSCA Reform – Seven Years Later, June 29, 2023 8:00 a.m. – 5:30 p.m. (EDT), via webinar

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health presented the seventh annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform -- Seven Years Later.” This complimentary virtual conference featured speakers from the U.S. Environmental Protection Agency (EPA) and non-governmental and industry stakeholders, providing updates on a host of topics, including the interface of...
June 29, 2023

EPA Requests Comments for Implementation of PRIA 5 Bilingual Labeling Requirements for Agricultural Pesticides

On June 20, 2023, the U.S. Environmental Protection Agency (EPA) announced that it is seeking input from stakeholders on ways to make bilingual pesticide labeling accessible to farmworkers and to implement a plan to ensure that farmworkers have access to the bilingual pesticide labeling by December 2025, as required by the Pesticide Registration Improvement Act of 2022 (PRIA 5). 88 Fed. Reg. 39845. PRIA 5 requires EPA to begin to seek stakeholder input on ways to make bilingual...
June 28, 2023

Registration Now Open for “Preparing a PFAS Game Plan in the U.S., the UK, and the EU” Webinar

10:00 a.m. - 11:00 a.m. (EDT)4:00 p.m. - 5:00 p.m. (CEST)REGISTER NOW Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of these global legal developments and take steps now to minimize legal, regulatory, and commercial risk.In the United States and globally, the number of bans,...
June 28, 2023

EPA Releases Final Rule Setting Biofuels Growth from 2023 to 2025

By Lynn L. Bergeson and Carla N. Hutton   On June 21, 2023, the U.S. Environmental Protection Agency (EPA) announced a final rule under the Renewable Fuel Standard (RFS) program that will establish the biofuel volume requirements from 2023 to 2025. According to EPA, the final rule “builds on the RFS program’s progress over the previous two years and reflects the Biden-Harris Administration’s commitment to strengthen the nation’s energy independence, advance...
June 27, 2023

EPA Requests Nominations for Experts to Review White Paper to Be Used in the Risk Evaluation for Asbestos Part 2 under TSCA

On June 22, 2023, the U.S. Environmental Protection Agency (EPA) called for public nominations of scientific and technical experts to review the “2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2.” 88 Fed. Reg. 40819. EPA states that it will release the white paper for public review and comment in late July 2023 and subsequently submit it for letter peer review. EPA currently anticipates selecting approximately ten to 15...
June 26, 2023

EPA Implements Statutory Addition of Certain PFAS to TRI Beginning with Reporting Year 2023

On June 23, 2023, the U.S. Environmental Protection Agency (EPA) updated the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 88 Fed. Reg. 41035. Specifically, EPA updated the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) enacted on December 20,...
June 23, 2023

Bill to Modernize CEPA Receives Royal Assent

Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (the Act), received Royal Assent on June 13, 2023. According to Environment and Climate Change Canada’s (ECCC) Backgrounder, the Act modernizes the Canadian Environmental Protection Act, 1999 (CEPA) and represents the first set of comprehensive amendments to CEPA since it was enacted over 20 years ago. It also makes related amendments to the Food and Drugs Act. The Act was initially introduced in the...
June 22, 2023

A Conversation with Rear Admiral Melissa Bert, Esquire (Ret.)

Download transcript. This week I had the pleasure of speaking with Retired Rear Admiral Melissa Bert, who served as the Judge Advocate General and Chief Counsel of the U.S. Coast Guard, the first woman to serve in this position. Admiral Bert’s accomplishments are too numerous to note here, but her Wikipedia page is sure to impress. We discuss Coast Guard responsibilities, what the Chief Counsel of the Coast Guard does, some of Admiral Bert’s more memorable engagements, and the Admiral’s...
June 22, 2023

EPA Announces 2024 CDR Deadlines

On June 22, 2023, the U.S. Environmental Protection Agency (EPA) announced that the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is from June 1, 2024, to September 30, 2024. 88 Fed. Reg. 40816. The CDR rule requires manufacturers (including importers) of chemical substances on the TSCA Inventory above an applicable regulatory threshold to report to EPA, every four years, information concerning the manufacturing,...