By Lynn L. Bergeson On September 24, 2020, EPA announced the 2020 Safer Choice Partner of the Year award winners. EPA recognized 18 Safer Choice Partner of the Year award winners across ten states and the District of Columbia for achievement in the design, manufacture, selection, and use of products with safer chemicals that further outstanding or innovative source reduction. EPA states that the Safer Choice program helps consumers and purchasers for facilities, such as schools...
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October 2, 2020
EPA Releases Final Rule Intended To Promote Transparency In Developing Regulatory Guidance Documents
By Lynn L. Bergeson On September 14, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of a final rule establishing the procedures and requirements for how EPA will manage the issuance of guidance documents consistent with Executive Order (EO) 13891, “Promoting the Rule of Law Through Improved Agency Guidance Documents.” The final regulation provides a definition of guidance document for the purposes of this rule, establishes general...
September 24, 2020
EPA Publishes Final SNUR for Carbon Nanotubes (Generic) (PMN P-15-54)
On September 17, 2020, the U.S. Environmental Protection Agency (EPA) published final significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMN) and are subject to Orders issued by EPA pursuant to TSCA. 85 Fed. Reg. 57968. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that...
August 7, 2020
EPA OIG Finds Safer Choice Program Would Benefit From Formal Goals And Additional Oversight
By Lynn L. Bergeson On June 30, 2020, EPA’s Office of Inspector General (OIG) released a report on its audit to determine whether the Safer Choice program effectively meets its goals and whether the program achieves quality standards through its product qualification, renewal, and required audit processes. OIG states that EPA’s Safer Choice program does not have formal goals included in the FY 2018-2022 EPA Strategic Plan, and the program has not reported results for...
July 9, 2020
ANSI Nanotechnology Standards Panel Will Hold Virtual Workshop on Advanced Materials in August
On August 19 and 20, 2020, the American National Standards Institute Nanotechnology Standards Panel (ANSI-NSP) will hold a virtual workshop on advanced materials. ANSI states that advanced materials are of growing interest as there is increasing recognition that size alone does not define the unique properties of a material. More and more, governments and organizations that originally focused on nanomaterials are now also focusing on advanced materials and emerging...
The U.S. Environmental Protection Agency (EPA) announced on July 2, 2020, that it registered NSPW Nanosilver as a new active ingredient that helps suppress odor-causing bacteria, and algae, fungus, mold, and mildew that can cause deterioration or staining in textiles. EPA notes that NSPW Nanosilver is registered only for use in specified textiles, including fabrics, sportswear, footwear, linens, and awnings. NSPW Nanosilver is the active ingredient in the pesticide product...
June 5, 2020
EPA Issues Pre-Publication Version Of Its Proposed Anti-Backsliding Determination For Renewable Fuel
By Lynn L. Bergeson On May 29, 2020, the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of a proposed anti-backsliding determination that no additional measures are necessary pursuant to the Clean Air Act (CAA) Section 211(v) to mitigate the adverse air quality impacts of renewable fuel volumes required under CAA Section 211(o). The proposed determination will be published in the Federal Register for a 30-day comment period. CAA Section 211 requires EPA to...
May 4, 2020
EPA Proposes SNUR for Carbon Nanotubes (Generic)
On May 4, 2020, the U.S. Environmental Protection Agency (EPA) published proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for chemical substances that were the subject of premanufacture notices (PMN) and are subject to orders issued by EPA pursuant to TSCA. 85 Fed. Reg. 26419. The SNURs require persons who intend to manufacture (defined by statute to include import) or process any of these chemical substances for an activity that is...
On April 23, 2020, the Supreme Court ruled that pollution traveling indirectly to rivers and streams through groundwater can be covered by the Clean Water Act’s (CWA) permitting requirements. The case, County of Maui, Hawaii v. Hawaii Wildlife Fund, et al, 590 U.S. (2020), concerned whether pollutants discharged from a point source into groundwater, a non-point source, and then conveyed into navigable waters fall within permitting requirements of the CWA. In a 6-3 Opinion...
April 17, 2020
EPA Publishes Updated Data On TSCA CBI Reviews
By Lynn L. Bergeson On April 10, 2020, the U.S. Environmental Protection Agency (EPA) published a quarterly update of the Toxic Substances Control Act (TSCA) confidential business information (CBI) review statistics. The data summarize the number of CBI cases under review and results of completed reviews through March 1, 2020. In addition, a spreadsheet showing the details of completed TSCA CBI determinations through March 1, 2020, is available. EPA states that making this information publicly...