Archives

February 8, 2024

TSCA Developments in 2024 — A Conversation with Richard E. Engler, Ph.D.

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 amendments to the...
February 7, 2024

EPA Extends Review Period for CBI Claims for the Identity of Chemicals on the TSCA Inventory

The U.S. Environmental Protection Agency (EPA) announced on January 24, 2024, that it is extending the review period for confidential business information (CBI) claims for specific identity of all active chemical substances listed on the confidential portion of the Toxic Substances Control Act (TSCA) Inventory submitted to EPA under TSCA. 89 Fed. Reg. 4605. EPA states that it “has determined that an extension of the statutory review period for the review of CBI claims under...
January 29, 2024

Senate Committee Holds Hearing on TSCA Implementation

The Senate Environment and Public Works Committee held a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act (TSCA) Amendments Implementation.” Michal Freedhoff, Ph.D., Assistant Administrator (AA) of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) was the Committee’s sole witness. Committee Chair Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) provided opening statements. On the whole, no...
January 25, 2024

Recording Available for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024” Webinar

Bergeson & Campbell, P.C.’s (B&C®) January 23, 2024, webinar, “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2024,” is now available for on-demand viewing. During this one-hour webinar Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; and Richard E. Engler, Ph.D., Director of Chemistry, B&C participated in a lively, timely, and focused discussion on the state of play and how they...
January 22, 2024

Senate Committee Will Hold Hearing on January 24, 2024, on Oversight of Implementation of the TSCA Amendments

The Senate Committee on Environment and Public Works is scheduled to hold a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act Amendments Implementation.” The only scheduled witness is Michal Freedhoff, Ph.D., Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). The Committee held a similar hearing on June 22, 2022, the sixth anniversary of the enactment of the Frank R. Lautenberg...
January 19, 2024

Multistate Coalition Supports EPA’s Proposed Revisions to the Safer Choice Standard

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...
January 18, 2024

EPA Announces Automatic Addition of Seven Additional PFAS to TRI List of Chemicals

The U.S. Environmental Protection Agency (EPA) announced on January 9, 2024, the automatic addition of seven per- and polyfluoroalkyl substances (PFAS) to the list of chemicals covered by the Toxics Release Inventory (TRI). For TRI Reporting Year 2024 (reporting forms due by July 1, 2025), reporting is required for these seven additional PFAS, bringing the total PFAS subject to TRI reporting to 196. The Fiscal Year (FY) 2020 National Defense Authorization Act (NDAA) includes a...
January 16, 2024

WDOE Petitions EPA to Eliminate Current Allowances for PCBs in Consumer Products

On January 4, 2024, the Washington Department of Ecology (WDOE) submitted a petition to the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. WDOE states that its research found that when PCBs are found in consumer products, “they are byproducts known to be associated with pigments, paints, or inks used in the manufacturing...
January 12, 2024

EPA Issues Final SNUR to Prevent Inactive PFAS from Reentering Commerce

On January 11, 2024, the U.S. Environmental Protection Agency (EPA) issued a final significant new use rule (SNUR) to prevent companies from starting or resuming the manufacture (including import) or processing of 329 per- and polyfluoroalkyl substances (PFAS) that are designated as inactive on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. 89 Fed. Reg. 1822. The final rule notes that persons subject to the final SNUR are required to notify EPA at least...
January 11, 2024

EPA Will Hold Webinar on PFAS Reporting Requirements on January 25, 2024

The U.S. Environmental Protection Agency (EPA) will hold a webinar on January 25, 2024, on its October 2023 per- and polyfluoroalkyl substances (PFAS) reporting rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act that requires all manufacturers (including importers) of PFAS and PFAS-containing articles in any year since 2011 to report information related to chemical identity,...