Blogs

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...

On November 14, 2023, Representatives Nikki Budzinski (D-IL) and Zach Nunn (R-IA) introduced bipartisan legislation that would increase biofuel production and reduce energy costs. The Agricultural Biorefinery Innovation and Opportunity (Ag BIO) Act (H.R. 6413) would increase funding for grants to support innovation in the biofuels and bioproducts industry. The U.S. Department of Agriculture’s (USDA) Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance program offers...

The White House Office of Science and Technology Policy (OSTP) and the National Nanotechnology Coordination Office (NNCO) announced on December 4, 2023, a series of events to drive U.S. leadership in nanotechnology, in celebration of the 20-year anniversary of the 21st Century Nanotechnology Research and Development Act. The announcement notes that for the past two decades, the National Nanotechnology Initiative (NNI) “has worked with more than 20 departments and agencies to advance a vision...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) “advis[ed] the public” on December 1, 2023, of its determination that DP23211 maize (corn) that has been developed using genetic engineering for insect resistance to western corn rootworm and contains the gene that codes for the phosphinothricin acetyltransferase protein responsible for tolerance to glufosinate-ammonium herbicides, as well as the gene that encodes for the phosphomannose isomerase...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on November 27, 2023, that a machine learning tool developed by the National Renewable Energy Laboratory (NREL), with support from BETO, makes it easier for material scientists to “mak[e] polymers more sustainable and higher performing — especially with the reliance on petrochemicals for making plastics.” According to BETO, using artificial intelligence (AI), PolyID: Polymer Inverse Design™ “can...

The U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on November 29, 2023, updating the National Bioengineered Food Disclosure Standard’s (the Standard) List of Bioengineered (BE) Foods (the List) by adding “sugarcane (Bt insect-resistant varieties)” and amending “squash (summer)” to “squash (summer, coat protein-mediated virus-resistant varieties).” 88 Fed. Reg. 83305. AMS states that in updating the List, “this final rule...

The Nanotechnology Industries Association (NIA) will hold its 2023 Symposium on December 5, 2023. Open to the public, the agenda for the Symposium includes: Registration is open. Bergeson & Campbell, P.C. is a proud member of NIA....

Under a November 20, 2023, final order of the U.S. Environmental Protection Agency’s (EPA) Environmental Appeals Board (EAB), Ultium Cells LLC (Ultium) and General Motors Company (GM) have entered into a consent agreement with EPA concerning alleged violations of Section 5(a)(1) of the Toxic Substances Control Act (TSCA). According to the consent agreement, the respondents voluntarily disclosed to EPA that three chemical substances were manufactured (imported) “a number of times between...

On November 20, 2023, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced that the EC requested that it carry out a safety assessment on hydroxyapatite (nano) in view of new information provided. As reported in our March 24, 2023, blog item, according to SCCS’s March 2023 final opinion on hydroxyapatite (nano), based on the data provided, SCCS considers hydroxyapatite (nano) safe when used at concentrations up to ten percent in toothpaste, and...

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...

On November 14, 2023, the Pesticide Registration Improvement Act (PRIA) Coalition hosted a webinar for the U.S. Environmental Protection Agency (EPA) to provide an overview of the process improvement to release Data Evaluation Records (DER) to the registrant with the final registration decision, as mandated under the Pesticide Registration Improvement Act of 2022 (PRIA 5). PRIA 5 requires EPA to release to the applicant at the decision review time the complete DERs for studies submitted...

Elissa Reaves, Ph.D., who is currently Director of the Pesticide Re-Evaluation Division in the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP), will become the new Director of the Office of Pollution Prevention and Toxics (OPPT), replacing Denise Keehner. Keehner left her position as Assistant Secretary of the Maryland Department of the Environment to return to EPA in April 2022 as OPPT Director. Keehner previously worked in a variety of EPA offices, including...

NanoHarmony announced on November 10, 2023, the release of the NanoHarmony OECD TG/GD Process Mentor, an interactive web-based tool to guide stakeholders through the development process of Organization for Economic Cooperation and Development (OECD) Test Guidelines (TG) and Guidance Documents (GD). NanoHarmony states that it developed the NanoHarmony OECD TG/GD Process Mentor to highlight the involvement of key institutions in the OECD Test Guidelines Programme, and their incentives to take part...

The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) proposed on November 15, 2023, five new types of genetic modifications a plant can contain and be exempt from the regulations for the movement of organisms modified or produced through genetic engineering because such modifications could otherwise be achieved through conventional breeding methods. 88 Fed. Reg. 78285. According to APHIS’s November 14, 2023, press release, the proposed exemptions...

The U.S. Tire Manufacturers Association (USTMA) announced on November 14, 2023, that it will partner with the U.S. Geological Survey (USGS) on a research project “to assess and refine methods of evaluating potential alternatives to [N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD)] for use in tires.” As reported in our November 3, 2023, blog item, the U.S. Environmental Protection Agency (EPA) has granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA)...

On November 2, 2023, the Eighth Circuit Court of Appeals (Eighth Circuit) issued its decision in Red River Valley Sugarbeet Growers Ass’n v. Regan, No. 22-1422 (8th Cir. 2023) regarding the use of the pesticide chlorpyrifos on food crops (Decision). The court concluded that the U.S. Environmental Protection Agency’s (EPA) August 2021 revocation of all food tolerances for chlorpyrifos was arbitrary and capricious, and remanded the matter back to EPA for further review. Chlorpyrifos was...

On November 8, 2023, the National Institute for Occupational Safety and Health (NIOSH) published a report entitled Approaches to safe 3D printing: a guide for makerspace users, schools, libraries, and small businesses. According to NIOSH, use of three-dimensional (3D) printing technology is becoming a prominent part of the modern world. NIOSH notes that some 3D printer users have expressed concerns about potential exposures to ultrafine particles, chemicals, and safety hazards, however. NIOSH...

On November 13, 2023, the U.S. Department of Agriculture (USDA), the U.S. Environmental Protection Agency (EPA), and the U.S. Food and Drug Administration (FDA) posted the following documents on the Unified Website for Biotechnology Regulation: As reported in our September 13, 2022, blog item, on September 12, 2022, President Joseph Biden signed an Executive Order creating a National Biotechnology and Biomanufacturing Initiative to accelerate biotechnology innovation and grow America’s...

The Biden Administration announced on November 9, 2023, that the Office of Information and Regulatory Affairs (OIRA) issued final revisions to Circular A-4, the government-wide guidance on regulatory analysis. Issued in 2003, Circular A-4 has been updated to help agencies more accurately estimate the impacts of their regulations and, according to the press release, “thereby enable them to craft better regulations which, in turn, means lower costs for consumers; cleaner food, air, and water;...

The National Nanotechnology Initiative (NNI) has rescheduled its symposium entitled “Enabling the Nanotechnology Revolution: Celebrating the 20th Anniversary of the 21st Century Nanotechnology Research and Development Act” to March 5, 2024, at the National Academies of Sciences, Engineering, and Medicine. According to NNI, the symposium will bring together “experts who can speak on the importance of nanotechnology in quantum engineering, optics, EHS, plastics, DEIA, microelectronics,...

The U.S. Department of Energy (DOE) will hold an informational webinar on November 28, 2023, about its Clean Fuels & Products Shot: Alternate Sources for Carbon-Based Products. During the webinar, a panel of DOE experts will provide information on how the Clean Fuels & Products Shot initiative fits into DOE’s broader Energy Earthshots™ portfolio. They will discuss how DOE works with industry, academia, and national labs on research, development, demonstration, and deployment of...

On November 9, 2023, the U.S. Environmental Protection Agency (EPA) invited nominations of scientific experts from a diverse range of disciplines to be considered for appointment to the Science Advisory Committee on Chemicals (SACC), established pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 77308. EPA states that it anticipates appointing new SACC members by mid-2024 due to expiring membership terms. Any interested person or organization may nominate qualified individuals to...

The U.S. Environmental Protection Agency (EPA) published an advanced notice of proposed rulemaking (ANPRM) on October 12, 2023, soliciting public comment and suggestions on specific issues related to seed treated with conventional pesticides (treated seed) and paint treated with conventional or antimicrobial pesticides (treated paint). 88 Fed. Reg. 70625. According to the ANPRM, EPA is considering whether a rule under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to regulate...

On November 2, 2023, the U.S. Environmental Protection Agency (EPA) announced that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) to address the use of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) in tires. As reported in our August 9, 2023, blog item, on August 1, 2023, Earthjustice filed a citizen petition asking EPA to establish regulations prohibiting the manufacturing, processing, use, and distribution of 6PPD for and in...

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on October 25, 2023, that scientists at Los Alamos National Laboratory (LANL) have developed biosensing technology that can help address the problem of plastic waste, specifically nylon-based waste, such as textiles, carpets, tires, and fishing nets. According to BETO, these and other products “are typically made from nylon-66, a common, very tough nylon made of a polymer building block called adipic acid...

On October 23, 2023, the Biden Administration announced the designation of 31 communities across the United States as Regional Innovation and Technology Hubs (Tech Hubs) through the U.S. Department of Commerce Economic Development Administration. According to the fact sheet, the Tech Hubs focus on developing and growing innovative industries in regions across the country, bringing together private industry, state and local governments, institutions of higher education, labor unions, Tribal...

On October 17, 2023, Senators John Thune (R-SD) and Amy Klobuchar (D-MN) reintroduced the Adopt Greenhouse Gases, Regulated Emissions, and Energy Use in Transportation (GREET) Act (S. 3055), a bipartisan bill directing the U.S. Environmental Protection Agency (EPA) to update its greenhouse gas (GHG) modeling for all renewable fuels under the Renewable Fuel Standard (RFS). According to Thune’s October 17, 2023, press release, the bill would require EPA to apply the Argonne National Lab’s...

The European Union (EU) NanoSafety Cluster (NSC) announced on October 24, 2023, that it is conducting a survey on the implementation of nanosafety in workplaces. NSC states that the survey aims to gather insights on the current practices and challenges of implementing nanosafety in workplaces. According to NSC, responses will help shape recommendations for future safety guidelines and protocols. NSC notes that participation will take approximately 15-20 minutes....

The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced on October 19, 2023, that North Carolina State University will hold the Waste to Advanced Resources Matter (WARM) workshop November 15-16, 2023, in Raleigh, North Carolina. With support from BETO, and in partnership with the National Renewable Energy Laboratory, IBM, the Town of Cary, and Idaho National Laboratory, the workshop will bring together participants interested in carbon resource recovery from...

The U.S. Environmental Protection Agency (EPA) will hold a webinar on November 14, 2023, on its proposal to ban trichloroethylene (TCE). In October 2023, EPA released its proposed risk management rule under the Toxic Substances Control Act (TSCA) for TCE. The rule would ban the manufacture (including import), processing, and distribution in commerce of TCE for all uses. If issued in final, most uses of TCE would be prohibited within one year, including TCE manufactured...

The Organization for Economic Cooperation and Development has posted two new reports in its Series on the Safety of Manufactured Nanomaterials:...

The third annual Alternative Fuels & Chemicals Coalition (AFCC) Global Biobased Economy Conference will be held November 12-14, 2023, in Washington, D.C. AFCC states that attendees will learn about the necessary factors to successful commercialization and decarbonization in sustainable aviation fuels (SAF), alternative fuels, renewable chemicals (includes bioplastics), biomaterials, food ingredients and additives, flavors and fragrances, alternative proteins, and regenerative agriculture....

NanoHarmony published on October 13, 2023, a white paper entitled From Science to Regulation: The NanoHarmony White Paper on Test Guideline Development. NanoHarmony states that the Organization for Economic Cooperation and Development’s (OECD) Test Guidelines (TG) Programme helps to develop harmonized agreed methods that can be used by OECD member countries to implement their regulatory regimes. According to NanoHarmony, for regulations to be effective and for manufacturers to be able to...

The U.S. Environmental Protection Agency (EPA) announced on October 20, 2023, the release of a final rule that is intended to improve reporting on per- and polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) by eliminating an exemption that allowed facilities to avoid reporting information on PFAS when those chemicals were used in small concentrations. The final rule will add PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and...

The U.S. Environmental Protection Agency (EPA) announced on October 23, 2023, the winners of the 2023 Green Chemistry Challenge Awards for new and innovative green chemistry technologies. According to EPA, through the design of chemical products and processes that reduce or eliminate the generation and use of hazardous substances, the winners “have developed solutions to significant environmental challenges such as climate change and spur innovation and economic development.” An independent...

The National Nanotechnology Initiative (NNI) Nanoinformatics Conference will be held November 15, 2023, immediately before the 11th meeting of the U.S.-European Union (EU) Nano Environmental, Health, and Safety (NanoEHS) Communities of Research (COR) on November 16-17, 2023. According to the National Nanotechnology Coordination Office (NNCO), the Nanoinformatics Conference is being organized in support of the continued growth of the U.S. nanoinformatics research infrastructure and to foster...

On October 13, 2023, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the availability of a revised draft of the Guide for Submitting Permit Applications for Microorganisms Developed Using Genetic Engineering under 7 CFR Part 340 and a Response to Comments on the first draft of the Guide, published on March 23, 2023. APHIS’s Biotechnology Regulatory Services (BRS) received comments on a range of issues and grouped the comments...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on October 10, 2023, that it published “A study on valid in silico modelling tools and read-across approaches, including creation of case studies on read-across for specific (types of) nanomaterials” that analyzes read-across and in silico approaches as alternative methods to conventional hazard and risk assessments for nanomaterials. According to EUON, the study identifies 190 alternative models and methodologies for...

On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including...

California Attorney General Rob Bonta announced the release of an enforcement advisory letter on October 17, 2023, to manufacturers, distributors, and sellers of food packaging and cookware, alerting them to their obligations under AB 1200, a recently enacted statute that restricts the presence of per- and polyfluoroalkyl substances (PFAS) in food packaging and imposes labeling disclosure requirements for cookware. Bonta also issued a consumer alert with tips for reducing PFAS exposures. The...

Registration is open for Nano4EARTH’s November 2, 2023, roundtable discussion on nanotechnology-enabled greenhouse gas (GHG) capture technologies that could help accelerate net-zero goals. The National Nanotechnology Coordination Office (NNCO) states that although full-scale deployment of many nanotechnology-based GHG capture solutions could take longer than four years, the discussion “will focus on nearer-term opportunities for impact that could pave the way toward larger-scale...

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is holding its 31st fall conference October 11-13, 2023, in Washington, D.C. On October 12, 2023, in his remarks at the conference, David Uhlmann, Assistant Administrator for the U.S. Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance (OECA), stated that EPA will not pursue per- and polyfluoroalkyl substances (PFAS) enforcement actions against farmers who used biosolids,...

On October 6, 2023, the White House Office of Science and Technology Policy (OSTP) posted a readout of the first-of-its-kind Nanotechnology Infrastructure Leaders Summit, held at the White House’s Eisenhower Executive Office Building on September 11, 2023. According to OSTP, the meeting included the leadership of 35 different user facilities, open research laboratories, and innovation institutes that “share the mission of facilitating access to cutting-edge tools and expertise that are...

The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and...

The U.S. Environmental Protection Agency (EPA) announced on September 29, 2023, that it is proposing to register pesticide products containing the new active ingredient ledprona for three years, a timeframe consistent with EPA’s approach to other novel pesticide products. EPA states that ledprona “is a new type of pesticide that relies on a natural mechanism — called RNA interference (RNAi) — used by plants and insects to protect against disease.” The proposed biopesticide...

The European Commission (EC) announced on October 3, 2023, that it adopted a Recommendation on critical technology areas for the European Union’s (EU) economic security, for further risk assessment with EU member states. According to the EC, the Recommendation relates to the assessment of technology risk and technology leakage. The EC states that the risk assessment “will be objective in character, and neither its results nor any follow-up measures can be anticipated at this stage.”...

On October 8, 2023, California Governor Gavin Newsom (D) announced that he vetoed a number of bills, including AB 727, which would prohibit, by 2026, the manufacture, distribution, or sale of cleaning products that contain intentionally added per- or polyfluoroalkyl substances (PFAS), and would apply this ban, by 2028, to floor sealer or floor finish products. Newsom’s veto message notes that the bill is one of three single-product chemical bans passed by the legislature to...

Bergeson & Campbell, P.C. understands that the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) has formed a work group to review data and information related to whether the current 100-nanometer (nm) threshold for determining whether a substance is a nanomaterial should be reviewed. Our May 10, 2022, blog item reported on a May 2022 news item published by EPA, “Advancing EPA’s Understanding of the Next Generation of Pesticides.” According to the item,...

On September 14, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of final guidance to improve the efficiency of EPA’s Endangered Species Act (ESA) analyses for new pesticide active ingredient applications and active ingredients undergoing registration review. EPA states this guidance fulfills requirements outlined in the Pesticide Registration Improvement Act of 2022 (PRIA 5) and furthers goals outlined in EPA’s 2022 ESA Workplan to protect listed species from...

On September 18, 2023, the American Cleaning Institute (ACI) recognized member companies that have been “early adopters” of its Sustainable Feedstocks Initiative, “aimed to drive the use of more sustainable feedstocks in cleaning product ingredients and products throughout the industry.” ACI states that the initiative focused on the top raw materials used in cleaning products. For the purposes of this initiative, ACI defines a sustainable feedstock as “a raw or recycled material...