All Knowledge & Insights By Date

The short-term continuing resolution (CR) includes an extension of the Pesticide Registration Improvement Extension Act (PRIA 3) through the duration of the funding measure, February 15, 2019.  This was expected, and is welcome news to registrants who have delayed submittal of registration applications due to the shutdown. The status of applications submitted during the shutdown period is uncertain at best.  As described in our earlier blog item Registrants Face PRIA and Shutdown...

On January 28, 2019, the U.S. Environmental Protection Agency (EPA) published its Year in Review:  2018 (YIR).  The YIR lists the following accomplishments: The YIR provides the following “by the numbers” summary: Further information on the YIR and our commentary is available in the full Bergeson & Campbell, P.C. (B&C®) memorandum....

On January 14, 2019, in the U.S. District Court for the District of Vermont, the Vermont Public Interest Group; Safer Chemicals, Health Families; and two individuals (plaintiffs) followed up on their earlier notice of intent to sue and filed a complaint against Andrew Wheeler and the U.S. Environmental Protection Agency (EPA) to compel EPA to perform its “mandatory duty” to “address the serious and imminent threat to human health presented by paint removal products containing...

Following through on a commitment he made in November 2018, President Trump on January 9, 2019, formally nominated Andrew Wheeler to serve as the Administrator of the U.S. Environmental Protection Agency (EPA).  Mr. Wheeler has served as EPA’s Acting Administrator since the resignation of Scott Pruitt in July 2018.  Mr. Wheeler previously worked in the law firm of Faegre Baker Daniels and was chief counsel to the Senate’s Environment and Public Works (EPW) Committee.  Before...

Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) published on January 8, 2019, our “Forecast for U.S. Federal and International Chemical Regulatory Policy 2019.”  In this richly detailed document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and provide our best informed judgment as to the shape of key developments we are likely to see in 2019.  This edition...

By Lynn L. Bergeson On December 21, 2018, EPA announced the call for nominations for the 2019 Green Chemistry Challenge Awards (GCCA). A national award to honor entities that have developed new processes or products using green chemistry approaches, the award focuses on approaches that assist in the protection of public health and the environment. Nominations for the awards include five innovation categories and are due by January 15, 2019. The five categories are: small...

By Lynn L. Bergeson On December 21, 2018, the U.S. Environmental Protection Agency (EPA) announced in the Federal Register that the Syracuse Research Corporation (SRC) will be assisting the EPA Office of Pollution Prevention and Toxics (OPPT) in the creation of a database that will cover key data from past biotechnology submissions, and the creation of a biotechnology literature database with documents provided or referenced in Toxic Substances Control Act (TSCA) biotechnology submissions. The...

In the last hours of the 115th Congress, the Senate on January 2, 2019, approved the nominations of three individuals to serve in key environmental posts: ...

As the U.S. Environmental Protection Agency (EPA) is currently closed due to the lapse in appropriations, EPA has ceased all work reviewing new and existing chemicals under the Toxic Substances Control Act (TSCA).  Regarding new chemicals, although the Central Data Exchange (CDX) may still accept submissions, EPA will not process any information submitted via CDX until EPA reopens and it is not clear how EPA will set “Day 1” for TSCA Section 5 notices submitted during...

Due to the government shutdown and to the late notification to applicants, the U.S. Environmental Protection Agency (EPA) has extended the annual maintenance fee submission date for pesticide registrants from January 15, 2019, to February 15, 2019.  Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A), each registrant of a pesticide must pay an annual fee by January 15 of each year for each registration; the fee for 2019 is $ 3,392.  The...

On January 31, 2019, the U.S. Environmental Protection Agency (EPA) was petitioned by the Attorneys General of 14 states (Massachusetts, Pennsylvania, California, Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington) and the District of Columbia under Toxic Substances Control Act (TSCA) Section 21(a) to issue an asbestos reporting rule to require reporting under TSCA Section 8(a) of information necessary for EPA to...

On December 31, 2018, the U.S. Environmental Protection Agency (EPA), even though they had already shut down due to funding issues, announced that if the government shutdown continues through 5:00 p.m. (EST) January 4, 2019, the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals’ (SACC) January 8, 2019, Preparatory Virtual Meeting for the January 29 through February 1, 2019, meeting on Colour Index (C.I.) Pigment Violet 29 will be cancelled, and...

Although the Office of Pesticide Programs (OPP) was able to operate through December 28, 2018, despite the current partial federal government shutdown, EPA will now join other parts of the federal service and shut down. Meanwhile, the Pesticide Registration Improvement Extension Act (PRIA 3) sunset on December 21, 2018, in the absence of a Continuing Resolution (CR) and the onset of the shutdown.  According to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 33(m)(2)(B)...

On December 19, 2018, the Senate passed a short-term Continuing Resolution (CR) to prevent a government shutdown and continue funding for the government through February 8, 2019.  Currently, however, given the uncertainty over border wall funding, it appears likely that there may well be a government shutdown for some period of time.  Until the immigration issue is ultimately resolved in an eventual agreement, however, the majority and Democratic staff of the U.S. House of...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on December 7, 2018, withdrawing significant new use rules (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for 28 chemical substances, including single-walled carbon nanotubes, that were the subject of premanufacture notices (PMN).  As reported in our October 10, 2018, blog item, EPA issued the SNURs through a direct final rule on October 10, 2018.  EPA states that it...

By Lynn L. Bergeson On December 4, 2018, EPA announced that it is accepting nominations for the 2019 Green Chemistry Challenge Awards.  Sponsored by EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) in partnership with the American Chemical Society Green Chemistry Institute (ACSGCI), these awards promote the development and use of novel green chemistry for environmental and economic benefits.  There are five award categories for which eligible candidates can be...

By Lynn L. Bergeson On November 30, 2018, the U.S. Environmental Protection Agency (EPA) announced the final renewable fuels volumes under the Renewable Fuel Standard (RFS) for 2019 and the biomass-based diesel volumes for 2020.  The final rule establishes that the 15-billion gallon targets originally set by Congress for 2019 will be maintained and primarily met by corn ethanol.  Additionally, in 2019, advanced biofuel volumes will increase by 630 million gallons and cellulosic biofuel...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on December 4, 2018, withdrawing significant new use rules (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for 26 chemical substances, including carbon nanomaterial (generic), that were the subject of premanufacture notices (PMN).  As reported in our October 2, 2018, blog item, EPA issued the SNURs through a direct final rule on October 3, 2018.  EPA states that it received...

On November 29, 2018, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the nomination of Alexandra Dapolito Dunn to be the U.S. Environmental Protection Agency (EPA) Assistant Administrator (AA) for EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP).  The hearing was webcast and is available on the EPW Committee website. In a rare sharing of bipartisan support for a Trump Administration nominee, Senator Sheldon Whitehouse (D-RI)...

On November 26, 2018, the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) announced that Lek Kadeli joined OCSPP’s Immediate Office as Acting Deputy Assistant Administrator (AA) (Management).  EPA states that Lek has extensive experience managing and supporting a wide range of environmental and human health related programs.  Lek has worked at EPA previously; for eight years he was the Principal Deputy AA in EPA’s Office of...