Blogs

On October 3, 2024, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of its progress report (Report) in meeting its performance measures and goals for pesticide reregistration during fiscal years (FY) 2020, 2021, and 2022. 89 Fed. Reg. 80558. Section 4(l) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires EPA to publish information about EPA’s annual achievements in this area. The Report discusses the...

On October 10, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of interim guidance to expand the availability of virucidal claims for antimicrobial pesticides. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products that meet the criteria for a bacterial disinfectant and/or sanitizer (e.g., household antimicrobial wipes and sprays) consistent with current test guidelines. EPA states that it intends to grant...

On September 27, 2024,  the U.S. Environmental Protection Agency (EPA) Office of Enforcement and Compliance Assurance (OECA) extended its May 2, 2023, Enforcement Statement regarding the Toxic Substances Control Act (TSCA) Section 6(h) Rule prohibiting the processing and distribution in commerce of decabromodiphenyl ether (decaBDE)-containing wire and cable insulation for use in nuclear power generation facilities after January 6, 2023. According to the memorandum, “EPA does not intend to...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on September 26, 2024, that the European Food Safety Authority (EFSA) has published the following reports under its NAMs4NANO Project:...

The list of pending issues that Congress could consider during the lame duck session in 2024 continues to grow. The list includes “must pass” items, including appropriations to fund the government through the remainder of Fiscal Year (FY) 2025 and the National Defense Authorization Act (NDAA). This blog focuses on issues not getting the congressional attention they deserve. Members of Congress returned to Washington, D.C., from summer recess for a three-week work period in September....

As reported in our September 24, 2024, blog item, the Senate Committee on Environment and Public Works (EPW) was scheduled to hold a hearing on September 26 titled “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The hearing was postponed on September 25, 2024, when the Senate adjourned until November after enactment of H.R. 9747, the Continuing Appropriations and Extensions Act, 2025, also known as the Continuing Resolution (CR) to fund...

The U.S. Environmental Protection Agency (EPA) is accepting comment on the next round of chemicals that it may prioritize for risk evaluation under the Toxic Substances Control Act (TSCA). EPA announced the list of 27 chemicals during webinars on September 30 and October 1, 2024. According to the slides from the webinar, the candidate chemicals are: 1-Hexadecanol 2-Ethylhexyl 2,3,4,5-tetrabromobenzoate (TBB) 4-tert-Octylphenol (4-(1,1,3,3-Tetramethylbutyl)-phenol) Benzene bis(2-Ethylhexyl)...

On October 5, 2024, the Minister of the Environment announced in the Canada Gazette publication of a proposed plan of priorities for the assessment of chemical substances. Under the 2023 amendments to the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health are required to “develop, consult on and publish a plan with timelines” by June 2025. The proposed list of prioritized substances for assessment and the rationales...

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 Minnesota Pollution Control Agency (MPCA) held two public webinars in July 2024 to provide updates and answer questions on Minnesota’s per- and polyfluoroalkyl substances (PFAS) in products law (Amara’s Law), which takes effect in stages between 2025 and 2032. MPCA has posted its presentations, recordings of the webinars, and written responses to questions received during the webinars. The questions and answers (Q&A) note that the written responses “are advisory as of September 12,...

On October 2, 2024, the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) announced the release of a new web-based tool on the Unified Website for Biotechnology Regulation for companies that develop microbial biotechnology products. EPA notes that biotechnology products include plants, animals, and microorganisms developed through genetic engineering or the targeted manipulation of genetic information. According to EPA,...

The U.S. Environmental Protection Agency (EPA) announced on September 30, 2024, that it is updating the Safer Chemical Ingredients List (SCIL) “to enhance transparency in safer chemistry, help consumers and organizations find safer chemical alternatives, and increase innovation and growth of safer products.” According to EPA, with this update, there are 957 chemicals on the SCIL. The updates include: EPA recharacterized methyl ethyl ketone (CAS RN 78-93-3) as a specialized industrial...

On September 26, 2024, the U.S. Environmental Protection Agency (EPA) announced the winners of the 2024 Green Chemistry Challenge Awards for new and innovative green chemistry technologies. According to EPA, the winners have developed chemical products and processes that reduce or eliminate the generation and use of hazardous substances, use less energy, and are more sustainable. An independent panel of technical experts convened by the American Chemical Society Green Chemistry Institute...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) Biotechnology Regulatory Services (BRS) announced on September 12, 2024, the availability of the following updated resources to help developers more efficiently prepare and submit APHIS BRS permit applications: According to APHIS, these resources deliver some of the commitments identified in the May 2024 Plan for Regulatory Reform that USDA, the U.S. Environmental Protection Agency (EPA), and the...

After the U.S. Environmental Protection Agency (EPA) denied a 2016 petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA consider whether fluoride in drinking water presents an unreasonable risk of injury to human health, a coalition of non-governmental organizations (NGO) promptly filed suit in the U.S. District Court for the Northern District of California. Food & Water Watch v. EPA (No. 3:17-cv-02162-EMC). After a bench trial in 2020, the...

The U.S. Environmental Protection Agency (EPA) announced the 2024 Safer Choice Partner of the Year award winners on September 24, 2024. EPA recognized the 43 award winners for their achievements in the design, manufacture, promotion, selection, and use of cleaners, detergents, and other products with safer chemicals. EPA notes the following achievements among the winners: The winners include: American Cleaning Institute Apple Blueland Bona US Booyah Clean Case Medical Choctaw Nation of Oklahoma,...

On September 25, 2024, the National Institute for Occupational Safety and Health (NIOSH) posted a NIOSH Science Blog item entitled “Celebrating 20 Years of the Nanotechnology Research Center: Measuring the Small Things,” the final installment of the blog series commemorating the 20th anniversary of the Nanotechnology Research Center (NTRC). According to the item, when NTRC was created in 2004, one of its biggest challenges was understanding exactly what to measure and how to measure it....

On September 22, 2024, the State of California Department of Justice announced that it filed a lawsuit in the San Francisco County Superior Court against ExxonMobil “for allegedly engaging in a decades-long campaign of deception that caused and exacerbated the global plastics pollution crisis.” California “seeks to compel ExxonMobil, which promotes and produces the largest amount of polymers — essentially the building blocks used to make single-use plastic — that become plastic...

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) filed a motion in the U.S. Court of Appeals for the District of Columbia Circuit for a voluntary remand of the case brought by Cherokee Concerned Citizens or review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA). Cherokee Concerned Citizens v. EPA (No. 23-1096). EPA states that it wishes to withdraw the Order and reconsider...

On September 13, 2024, the U.S. Environmental Protection Agency (EPA) began a public comment period on a proposed update to its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing (Recommendations) that help federal government purchasers and other buyers use private sector standards and ecolabels to buy products that are more sustainable and climate-friendly and contain safer chemical ingredients. 89 Fed. Reg. 74940. In its September 10, 2024, press release, EPA...

The Senate Committee on Environment and Public Works will hold a hearing on September 26, 2024, on “Examining the Public Health Impacts of [Per- and Polyfluoroalkyl Substances (PFAS)] Exposures.” The Committee will hear from the following witnesses:...

On September 20, 2024, the U.S. Environmental Protection Agency (EPA) announced that it is extending the submission deadline for 2024 Chemical Data Reporting (CDR) reports from September 30, 2024, to November 22, 2024. The CDR regulations require manufacturers (including importers) of chemicals listed on the Toxic Substances Control Act (TSCA) Inventory to report data on the manufacturing, processing, and use of those chemicals every four years. For the 2024 data submission period, this applies...

Congress has not passed legislation to fund the federal government for fiscal year 2025 (FY 2025) that begins October 1, 2024. The House of Representatives on September 18 tried — and failed — to pass legislation to fund the government into March 2025. The good news, however, is that Congress is expected to fund the federal government before the current funding expires at midnight, September 30. Congress will return to Washington, D.C., after the election...

The U.S. Environmental Protection Agency (EPA) announced on September 18, 2024, the launch of an Outdoor Use Safer Choice label. According to EPA, this new label expands on its existing Safer Choice label and will identify outdoor use products — such as pet care products, fire defense products, and car, boat, or grill cleaners — that meet additional EPA criteria to help protect the environment. EPA states that it examines every ingredient, no matter its...

The U.S. Environmental Protection Agency (EPA) called for nominations on September 18, 2024, of scientific and technical experts that EPA can consider for service as ad hoc peer reviewers to assist the Science Advisory Committee on Chemicals (SACC) with the peer review of the draft risk evaluation for 1,3-butadiene conducted under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 76467. EPA states that it will submit the draft risk evaluation of 1,3-butadiene and associated...

On September 12, 2024, the Organisation for Economic Co-operation and Development (OECD) published a report entitled Synthesis report on understanding Perfluoropolyethers (PFPEs) and their life cycle. OECD states that the report presents a synthesis of publicly available information on PFPEs with the aim of elucidating the identities of PFPEs on the global market and analyzing their life cycle. OECD notes that this includes their production and use, presence of other per- and polyfluoroalkyl...

The Chemical Data Reporting (CDR) rule requires manufacturers (including importers) to report data to the U.S. Environmental Protection Agency (EPA) every four years. The 2024 submission period began June 1, 2024, and will end September 30, 2024. The CDR rule requires all companies to report data electronically using e-CDRweb through EPA’s Central Data Exchange (CDX) system. CDR reporting in CDX is currently malfunctioning, however. EPA has issued two alerts:...

The National Institute for Occupational Safety and Health (NIOSH) posted a blog item on September 10, 2024, entitled “NTRC Marks 20 Years of Studying Nanotoxicology: Highlights from the Toxicology and Internal Dose Team” that reviews the Nanotechnology Research Center’s (NTRC) achievements in the field of nanotechnology. The blog item highlights where NTRC started, where it is now, NTRC’s partnerships, and its work modeling workplace exposure to assess toxicity. According to the blog...

In August 2024, the U.S. Chamber of Commerce released a report entitled Essential Chemistries: Providing Benefits Across the U.S. Economy that “examines the dependence of seven critical U.S. sectors, including aerospace manufacturing, data centers, defense equipment and systems, energy transition, health care, mobility, and semiconductors on essential fluorochemistries,” including per- and polyfluoroalkyl substances (PFAS). Third-party experts in environmental and economic policy engaged by...

The National Nanotechnology Coordination Office (NNCO) is organizing a series of National Nanotechnology Initiative (NNI) webinars on nanometrology, metrological challenges, and recent advances in three topical areas: food, agriculture, and the environment; nanoscale medical and pharmaceutical products; and nanoparticles in electronics. Registration is open for the fifth webinar in the series, “Nanometrology for Continuous and Automated Manufacturing.” The October 4, 2024, webinar will...

On September 3, 2024, the Internal Revenue Service (IRS) announced that petitions have been filed to add the following chemicals to the list of taxable substances: Comments and requests for a public hearing are due November 4, 2024. More information on the Superfund excise tax on chemicals is available in our April 4, 2023, memorandum, “IRS Proposes Regulations Regarding Superfund Tax on Chemicals,” our July 13, 2022, memorandum, “Superfund Tax on Chemicals: What You Need...

The U.S. Securities and Exchange Commission (SEC) announced on September 10, 2024, that it charged Keurig Dr Pepper Inc. (Keurig®) with making inaccurate statements regarding the recyclability of its K-Cup® single-use beverage pods. To settle SEC’s charges, Keurig agreed to pay a $1.5 million civil penalty. SEC’s order states: Beginning in or around 2016, Keurig performed tests of its pods at various recycling facilities, in which Keurig tracked the progress of pods throughout the...

The Biotechnology Risk Assessment Grants (BRAG) program supports the development of new information that will assist federal regulatory agencies in making evidence-based decisions about the effects of genetically engineered organisms on the environment. BRAG is co-administered by the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) and Agricultural Research Service (ARS) and jointly funded by NIFA, ARS, and USDA’s Forest Service. NIFA announced on...

On August 20, 2024, the U.S. Department of Defense (DOD) announced seven additional awards to bioindustrial firms via the Distributed Bioindustrial Manufacturing Program (DBIMP), bringing the DBIMP to 13 awards to date totaling $23 million. The following companies will receive funding to produce business and technical plans that detail construction of domestic bioindustrial manufacturing production facilities: Successful projects that were selected under the competitive announcement can receive...

On September 10, 2024, the House Energy and Commerce Subcommittee on Health will hold a legislative hearing on “Evaluating FDA Human Foods and Tobacco Programs.” According to the Committee’s September 3, 2024, hearing announcement, the hearing will give members a chance to hear from the head of the Human Foods Program, as well as the head of the Tobacco Center, to learn how the U.S. Food and Drug Administration (FDA) is “helping adult smokers quit,...

The U.S. Department of Energy (DOE) announced on September 4, 2024, that its Bioenergy Technologies Office (BETO) is overseeing a call for industry partnerships to connect industry stakeholders with the capabilities of the Feedstock-Conversion Interface Consortium (FCIC). According to DOE, the funding opportunity will provide resources that allow partners to collaborate with FCIC researchers to address the cost and risk impacts of feedstock and process variability across the bioenergy and...

The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS) to make a “one-time modification” to change the data submission period from November 12, 2024, through May 8, 2025, to July 11, 2025, through January 11, 2026. For any reporter who is reporting exclusively as an article...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on September 19, 2024, on “A Safer Choice for Cleaning: Increasing Access to Products with Safer Ingredients.” Jennie Romer, EPA Deputy Assistant Administrator for Pollution Prevention, will host a webinar on how EPA’s Safer Choice program helps people find and have access to cleaning and other products made with safer ingredients and how the program works in partnership with a broad range of stakeholders to...

The U.S. Environmental Protection Agency (EPA) announced on August 29, 2024, that it is now accepting nominations for the 2025 Green Chemistry Challenge Awards from companies or institutions that have developed a new green chemistry process or product that helps protect human health and the environment. According to EPA, its “efforts to speed the adoption of this revolutionary and diverse discipline have led to significant environmental benefits, innovation and a strengthened economy.” EPA...

The U.S. Environmental Protection Agency (EPA) will hold two virtual public meetings, on September 30 and October 1, 2024, to provide information regarding existing chemical pre-prioritization and prioritization activities under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 68894. EPA states in its August 28, 2024, notice that “[t]he purpose of prioritization is to designate a chemical substance as being either high priority for immediate further risk evaluation, or low priority, for...

On August 27, 2024, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced that it recently reviewed the following plants modified using genetic engineering to determine whether they posed an increased plant pest risk relative to non-modified comparators: APHIS states that it found these modified plants were unlikely to pose an increased plant pest risk compared to other cultivated plants. As a result, they are not subject to regulation under...

As reported in our July 29, 2024, blog item, on July 27, 2024, Canada’s Minister of the Environment published a Canada Gazette notice announcing a mandatory survey to obtain information on the manufacture, import, and use of 312 specific per- and polyfluoroalkyl substances (PFAS). On September 11, 2024, at 1:30 p.m. (EDT), Environment and Climate Change Canada (ECCC) will hold an information session in English on the survey. The session will be non-interactive and will...

The Physicians Committee for Responsible Medicine (PCRM) New Approach Methodologies (NAM) Use for Regulatory Application (NURA) program will hold a series of webinars on human-based methods in U.S. Food and Drug Administration (FDA) submissions. PCRM notes that traditionally, submissions have included data from animal studies, but industry has started submitting NAMs. According to PCRM, the use of NAMs in FDA submissions is expected to grow, as many toxicologists seek to use human-based...

On August 20, 2024, the California Department of Pesticide Regulation (DPR) announced it will launch its electronic pesticide registration system, the California Pesticide Electronic Submission Tracking (CalPEST), on September 24, 2024. The launch of CalPEST will convert its paper-based pesticide registration process to a streamlined electronic system. According to DPR, it is conducting the final stages of testing and has identified areas for improvement in system functionality and security that...

As part of its quadrennial review of the National Nanotechnology Initiative (NNI), the National Academies of Sciences, Engineering, and Medicine (NASEM) will hold a virtual town hall on September 5, 2024, for stakeholders to share their thoughts on the future of nanotechnology in the United States. The overall objective of NASEM’s review is to identify opportunities and barriers to broadening access to nanotechnology research and development (R&D) infrastructure in the United States. As...

As reported in our August 7, 2024, blog item, the U.S. Food and Drug Administration (FDA) announced on August 1, 2024, that it will hold a public meeting on September 25, 2024, on the development of an enhanced systematic process for its post-market assessment of chemicals in food. 89 Fed. Reg. 65633. FDA has posted a Discussion Paper Development of an Enhanced Systematic Process for the FDA’s Post-Market Assessment of Chemicals in Food (Discussion Paper)....

On August 18, 2024, Computational Toxicology published an article entitled “Development of chemical categories for per- and polyfluoroalkyl substances (PFAS) and the proof-of-concept approach to the identification of potential candidates for tiered toxicological testing and human health assessment.” Co-authored by members of the U.S. Environmental Protection Agency’s (EPA) Center for Computational Toxicology & Exposure (CCTE) and Office of Chemical Safety and Pollution Prevention...

On August 20, 2024, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNUR) ) under the Toxic Substances Control Act (TSCA) for chemical substances, including graphene nanoplatelets (generic), that were the subject of premanufacture notices (PMN) and a Microbial Commercial Activity Notice (MCAN) and are also subject to a TSCA Order. 89 Fed. Reg. 67368. The SNURs would require persons who intend to manufacture (defined by statute to include import) or process...

The National Science Foundation’s (NSF) Biomaterials Program published a request for information (RFI) on August 20, 2024. NSF requests input from stakeholders on opportunities, challenges, emerging areas, and frontiers in biomaterials research. 89 Fed. Reg. 67498. According to NSF, the RFI will help inform future program directions, new initiatives, and potential funding opportunities. The Biomaterials Program supports fundamental materials research related to biological materials;...

As part of its implementation of the modernized Canadian Environmental Protection Act, 1999 (CEPA), on August 17, 2024, Health Canada published a Canada Gazette notice announcing the availability of its Science Approach Document — Chemical Screening and Prioritization: Health Canada’s Automated Workflow for Prioritization (HAWPr). The science approach document (SciAD) describes the scientific approach that Canada applied to more than 25,000 chemicals on the Domestic Substances List...