All Knowledge & Insights By Date

On September 30, 2024, Ya-Wei (Jake) Li, Deputy Assistant Administrator for Pesticide Programs at the U.S. Environmental Protection Agency (EPA), announced that he will be leaving EPA to take a position with the U.S. Department of Interior’s (DOI) Fish and Wildlife Service (FWS) as the Assistant Director for Ecological Services. This program is responsible for how the agency conserves endangered species and many other wildlife. Li was Deputy Assistant Administrator for Pesticide Programs for...

The U.S. Environmental Protection Agency (EPA) announced on August 8, 2024, the availability of the final updated Safer Choice and Design for the Environment (DfE) Standard (the Standard). 89 Fed. Reg. 64915. According to EPA, the update includes a name change to the title of the Standard, a revision to the packaging criteria, a new certification for cleaning service providers, a new provision allowing for preterm partnership termination under exceptional circumstances, and the addition of...

The US Environmental Protection Agency (EPA) recently issued final risk management rules under the Toxic Substances Control Act (TSCA) banning certain uses of two chemicals: chrysotile asbestos and methylene chloride. The identity of these two chemicals is less important than the process by which the EPA concluded that the banned uses of these chemicals pose unreasonable risks to human health and the environment, and the nature and intrusiveness of the workplace and other restrictions the...

On May 28, 2024, comments by Lynn L. Bergeson were featured in Bloomberg Law’s article on legal challenges to the U.S. Environmental Protection Agency’s (EPA) interpretation of the Toxic Substances Control Act (TSCA). See – https://news.bloomberglaw.com/environment-and-energy/epa-chemical-rulemaking-complicated-by-challenge-to-agency-power (subscription required)...

On May 8, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) released a plan to update, streamline, and clarify their regulations and oversight mechanisms for products of biotechnology. The Coordinated Framework for the Regulation of Biotechnology: Plan for Regulatory Reform under the Coordinated Framework for the Regulation of Biotechnology (the Plan) provides a roadmap for actions the agencies will take,...

The Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies will hold a hearing on May 1, 2024, to review President Biden’s fiscal year (FY) 2025 budget request for the U.S. Environmental Protection Agency (EPA). The Subcommittee will hear from EPA Administrator Michael S. Regan. As reported in our March 15, 2024, Monthly Federal Developments Memorandum, according to EPA’s March 11, 2024, statement on President Biden’s FY 2025 budget, the $11 billion proposed for...

The U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) has posted an April 17, 2024, memorandum regarding “Strategic Civil-Criminal Enforcement Policy” from David M. Uhlmann, OECA Assistant Administrator. The Strategic Civil-Criminal Enforcement Policy sets forth requirements to ensure that EPA’s enforcement program maintains and strengthens the strategic partnership between civil and criminal enforcement. According to the Policy, to promote...

The U.S. Environmental Protection Agency (EPA) announced on April 3, 2024, that it has rescheduled its public webinar to discuss the implementation of the Biogas Regulatory Reform Rule (BRRR) provisions promulgated as part of the Renewable Fuel Standard (RFS) final rule for 2023-2025 (the Set Rule) to April 12, 2024. 89 Fed. Reg. 23013. During the webinar, EPA intends to discuss various aspects of the BRRR program, including: All attendees must pre-register for the webinar...

The U.S. Environmental Protection Agency (EPA) announced on February 28, 2024, that it is seeking public comment on the candidates under consideration for selection as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its peer review of the Agency’s evaluation of the risks from formaldehyde being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14648. The SACC peer review will take...

The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Energy (DOE) announced on February 22, 2024, the release of a Funding Opportunity Announcement (FOA), “Inflation Reduction Act Funding for Advanced Biofuels,” for up to $9.4 million for the development of advanced biofuels. According to EPA, the funding will support “high-impact biofuel technology projects to improve the performance and reduce the cost of biofuel production technologies, scale up production systems...

The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. 89 Fed. Reg. 12248. EPA notes that the regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, what to expect in 2024 regarding TSCA developments. Rich is a leading voice on all things TSCA, especially new chemicals, and a widely sought after thought leader on the U.S. Environmental Protection Agency’s (EPA) implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), Congress’ 2016...

The U.S. Environmental Protection Agency (EPA) announced on February 1, 2024, two proposed rules that will add to its comprehensive approach to tackling per- and polyfluoroalkyl substances (PFAS) pollution and the commercial bottom line for hundreds of businesses facing costs for cleanup. The first proposed rule would modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. EPA states that this modification “would assure that EPA’s...

On January 24, 2024, the U.S. Environmental Protection Agency (EPA) began a 30-day public comment period on the draft updates to its Scientific Integrity Policy (Policy). 89 Fed. Reg. 4606. EPA states that in accordance with the requirements of the 2021 Presidential Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-based Policymaking, it is revising its Policy. The updated Policy will adopt a new federal definition of scientific integrity and “meaningfully...

The U.S. Environmental Protection Agency (EPA) launched enhancements to an online search tool for its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing on January 30, 2024. According to EPA, the search tool makes it easier to view and sort standards and ecolabels that EPA recommends U.S. federal government purchasers use to meet sustainable acquisition goals and mandates. The search tool allows users to identify the types of products or services covered by an...

The U.S. Environmental Protection Agency (EPA) announced on January 31, 2024, that it has begun accepting applications for the 2024 Safer Choice Partner of the Year Awards. EPA states that the awards will recognize the leadership contributions of Safer Choice partners and stakeholders showing achievement in the design, manufacture, selection, promotion, sale, and use of Safer Choice- or Design for the Environment (DfE)-certified products that further outstanding or innovative source reduction....

As reported in our December 5, 2023, memorandum, the U.S. Environmental Protection Agency (EPA) proposed updates to the Safer Choice Standard on November 14, 2023, that include a name change to the Safer Choice and Design for the Environment (DfE) Standard (Standard), an update to the packaging criteria, the addition of a Safer Choice certification for cleaning service providers, a provision allowing for preterm partnership termination under exceptional circumstances, and the addition of several...

The U.S. Environmental Protection Agency (EPA) announced on December 18, 2023, that it is beginning the process to prioritize five additional toxic chemicals for risk evaluation under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 87423. The chemicals are acetaldehyde, acrylonitrile, benzenamine, 4,4’-methylene bis(2-chloroaniline) (MBOCA), and vinyl chloride. EPA seeks relevant information, including but not limited to, the chemical substance’s hazard and exposure potential; the...

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2023, that it issued orders to Inhance Technologies LLC directing it not to produce per- and polyfluroakyl substances (PFAS), “chemicals that are created in the production of its fluorinated high-density polyethylene [high-density polyethylene (HDPE)] plastic containers.” EPA states that in December 2022, Inhance submitted significant new use notices (SNUN) for nine long-chain PFAS. According to EPA, “[u]pon review of...

The U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued on November 15, 2023, its report on EPA’s fiscal year (FY) 2024 top management challenges. OIG states that the report “summarizes what the inspector general considers to be ‘the most serious management and performance challenges facing the agency’” for FY 2024 and briefly assesses EPA’s progress in addressing those challenges. According to OIG, the management challenges include “Safeguarding...