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The Top 5 New Environmental Issues for Commercial Property Owners or Managers

E2 Law Blog

The Biden-Harris administration is quickly establishing new federal environment requirements affecting commercial property owners and managers.

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Ag and Food Law Daily Update: January 24, 2021

National Law Center

REGULATORY: EPA ENVIRONMENTAL PROTECTION AGENCY Notice announcing submissions under the Toxic Substances Control Act from 12/01/2021 to 12/31/2021.

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EPA announces innovative effort to bring new chemicals used in electric vehicle, semiconductor, clean energy sectors to market

Environmental News Bits

Environmental Protection Agency (EPA) recently announced a new effort under the Toxic Substances Control Act (TSCA) to implement a streamlined and efficient process under the New Chemicals Program to assess risk and apply mitigation measures, as appropriate, for new chemicals with applications in batteries, electric vehicles, semiconductors and renewable energy generation. The U.S.

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EPA seeks comment on draft document “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA”

Environmental News Bits

In February 2022, EPA launched a new effort under the Toxic Substances Control Act (TSCA) to modernize the process and bring innovative science to the review of new chemicals before they can enter the marketplace. Through this effort, the Office of Chemical Safety and Pollution Prevention (OCSPP) is proposing to develop and implement a multi-year collaborative… Read more → Chemicals Publications Regulation

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EPA releases Draft Revised Risk Determination for Carbon Tetrachloride for public comment

Environmental News Bits

Environmental Protection Agency (EPA) released for public comment a draft revision to the unreasonable risk determination for carbon tetrachloride pursuant to the Toxic Substances Control Act (TSCA) section 6(b). Today, the U.S.

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EPA proposes recordkeeping requirements for PFAS, seeks comment

Environmental News Bits

Environmental Protection agency posted its proposed Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). Read the full story from the American Coatings Association. On June 28, the U.S.

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EPA issues first test order under National Testing Strategy for PFAS in commercial fire fighting foam and other uses

Environmental News Bits

Environmental Protection Agency (EPA)’s PFAS Strategic Roadmap, the agency issued the first in a series of Toxic Substances Control Act (TSCA) test orders to require companies to conduct and submit testing on per- and polyfluoroalkyl substances (PFAS). Today, as a part of the U.S.

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EPA hints at critical changes to TSCA PFAS Reporting Rule, seeks comment

Environmental News Bits

Environmental Protection Agency’s (EPA) June 2021 proposal of a Toxic Substances Control Act (TSCA) reporting rule targeting manufacturers of per- and polyfluoroalkyl substances (PFAS) sparked a major outcry from chemical manufacturers and article importers. Read the full story at the National Law Review. The U.S.

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EPA finds trichloroethylene poses an unreasonable risk to human health

Environmental News Bits

Environmental Protection Agency (EPA) finalized a revision to the Toxic Substances Control Act (TSCA) risk determination for trichloroethylene (TCE), finding that TCE, as a whole chemical substance, presents an unreasonable risk of injury to human health when evaluated under its conditions of use. Today, the U.S.

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EPA seeks small businesses’ input on development of proposed TSCA Data Reporting Rule

Environmental News Bits

This Panel will focus on EPA’s development of a proposed rule to collect data to inform each step of the Toxic Substances Control Act (TSCA) risk evaluation and risk management … Continue reading EPA seeks small businesses’ input on development of proposed TSCA Data Reporting Rule. The U.S. Environmental Protection Agency (EPA) is inviting small businesses to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel.

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Senate Committee On Environment And Public Works Holds Hearing On Implementation Of The Lautenberg Act

Brag

On June 22, 2022 , the Senate Committee on Environment and Public Works held a hearing on “Toxic Substances Control Act Amendments Implementation.” Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) that amended TSCA. By Lynn L. Bergeson. ” This coincides with the sixth anniversary of the Frank R. The only witness present was Michal Freedhoff, Ph.D.,

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Judah Prero Mentioned in Bloomberg Law on EPA Chemical Exposure Strategy

Arnold Porter

Prero told Bloomberg Law that implementing the new recommendations could delay other significant rules the EPA is required to issue under the 2016 Toxic Substances Control Act. Environmental counsel Judah Prero was quoted in a recent Bloomberg Law article, “Look at Total Chemical Exposure of Industry Neighbors, EPA Told.”

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Microplastics in the Lungs: The Next Asbestos or Are We Just Catastrophizing?

Law and Environment

EPA’s authority for doing so is the Toxic Substances Control Act which provides that: . Two developments this week got me thinking about how our government deals – or fails to deal – with risk.

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EPA Announces New Chemical Engineering Initiative Intended To Increase Transparency And Reduce Rework

Brag

EPA states that it anticipates this outreach effort will be “particularly helpful” for Low Volume Exemptions (LVE), which constitute about 60 percent of Toxic Substances Control Act (TSCA) Section 5 submissions annually By Lynn L. Bergeson. The U.S.

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It’s Good to Be a Brownfield Site — As Long As It’s Not Too Brown

Law and Environment

Tucked away in the recesses of the Inflation Reduction Act is a provision that reminds everyone why they love Superfund so much. The basic definition is reasonably clear: The term “brownfield site” means real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.

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Why Rachel Carson’s Silent Spring Still Resonates Today

Union of Concerned Scientists

It galvanized the environmental movement and it pushed the federal government and Congress to carry out scientific research on pesticide contamination and to act on that research. This month marks 60 years since the publication of Rachel Carson’s Silent Spring.

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EPA Will Hold Webinar on Supplemental Proposed Rule to Modify TSCA Fees

Brag

Environmental Protection Agency (EPA) will hold a webinar on December 6, 2022 , to provide an overview to stakeholders about its November 16, 2022, supplemental proposed rule modifying and adjusting certain aspects of the fees rule established under the Toxic Substances Control Act (TSCA). By Lynn L. Bergeson and Carla N. Hutton. The U.S.

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EPA Posts Draft Document on “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA”

Brag

Environmental Protection Agency (EPA) announced on February 25, 2022, the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. ” The Office of Chemical Safety and Pollution Prevention (OCSPP) proposes to develop and implement a multi-year collaborative research program focused on approaches for performing risk assessments on new chemical substances under TSCA. By Lynn L. Bergeson.

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EPA Will Hold October 18 Webinar on New Chemical Review Process under TSCA

Brag

Environmental Protection Agency’s (EPA) New Chemicals Program will host a webinar on October 18, 2022 , on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. By Lynn L. Bergeson and Carla N. Hutton. The U.S.

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EPA’s FY 2023 Top Management Challenges Include Providing for the Safe Use of Chemicals

Brag

Under the Reports Consolidation Act of 2000, each agency’s inspector general must prepare an annual statement summarizing what the inspector general considers to be “the most serious management and performance challenges facing the agency” and to assess briefly the agency’s progress in addressing those challenges. By Lynn L. Bergeson and Carla N. Hutton.

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When Democrats and Republicans united to repair the Earth

Environment, Law, and History

The central takeaway of this book is that though Democrats controlled Congress throughout these years, “all environmental laws passed from 1964 to 1976 commanded huge bipartisan support” (p.

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EPA Issues Final SNUR for Certain Multiwalled Carbon Nanotubes

Nanotech

On August 18, 2021, the U.S.

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EPA Will Hold Kick-Off Meeting on TSCA New Chemical Engineering Initiative to Increase Transparency and Reduce Rework

Brag

As reported in our June 27, 2022, memorandum , in June 2022, EPA announced a broad outreach effort to describe and to discuss with stakeholders how EPA evaluates engineering data ( i.e. , data related to environmental release and worker exposure) provided for new chemicals submissions under the Toxic Substances Control Act (TSCA) and common issues that cause EPA to have to rework risk assessments for these submissions. By Lynn L. Bergeson and Carla N. Hutton. The U.S.

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EPA Resolves Case Involving Export of Carbon Nanomaterial in Violation of TSCA Section 12(b) and Notice of Export Requirements

Nanotech

Environmental Protection Agency (EPA) filed a complaint with the Environmental Appeals Board on March 15, 2022, pursuant to Section 16(a) of the Toxic Substances Control Act (TSCA). The U.S.

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EPA Holds Webinar on TSCA Requirements and PMN Process for Biofuels

Brag

Environmental Protection Agency (EPA) held a webinar on requirements under the Toxic Substances Control Act (TSCA) and the premanufacture notice (PMN) process for biofuels. By Lynn L. Bergeson and Carla N. Hutton. On February 23, 2022, the U.S.

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Risky Business: Deciding Whether Chemicals Pose Risk Is Getting Really Confusing

Acoel

Environmental Protection Agency (EPA) to regulate industrial chemical substances is the Toxic Substances Control Act (TSCA), an almost 47-year-old law significantly amended in 2016 by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).

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EPA Holds Kick-Off Meeting for TSCA New Chemical Engineering Outreach Initiative

Brag

In June 2022, EPA announced a broad outreach effort to describe and to discuss with stakeholders how EPA evaluates engineering data ( i.e. , data related to environmental release and worker exposure) provided for new chemicals submissions under the Toxic Substances Control Act (TSCA) and common issues that cause EPA to have to rework risk assessments for these submissions. By Lynn L. Bergeson and Carla N. Hutton. The U.S.

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EPA’s Biofuels Webinar Series Will Include Webinar on TSCA Requirements and the PMN Process on February 23, 2022

Brag

EST) to learn about requirements under the Toxic Substances Control Act (TSCA) and the premanufacture notice (PMN) process for biofuels. By Lynn L. Bergeson and Carla N. Hutton. The U.S. Environmental Protection Agency’s (EPA) New Chemicals Program will hold a webinar on Wednesday, February 23, 2022, from 2:00 to 3:00 p.m.

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EPA New Chemicals Program Will Discontinue Use of Exposure Modeling Thresholds When Assessing Health and Environmental Risks

Brag

Environmental Protection Agency (EPA) announced on August 22, 2022, that as part of its commitment to re-evaluate policies and practices under the Toxic Substances Control Act (TSCA) New Chemicals Program to ensure they adhere to statutory requirements and the Biden Administration’s executive orders and directives, it has updated its policy to discontinue the use of exposure modeling thresholds when assessing the health and environmental risks of new chemicals under TSCA.

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EPA Requests Nominations for Science Advisory Committee on Chemicals

Brag

Environmental Protection Agency (EPA) announced on November 10, 2022, that it is requesting nominations of prospective candidates for membership on the Science Advisory Committee on Chemicals (SACC) established under the Toxic Substances Control Act (TSCA). By Lynn L. Bergeson and Carla N. Hutton. The U.S.

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Webinar Recording Available: “Domestic Chemical Regulation and Achieving Circularity”

Brag

Sellers outlined barriers and enablers to the circular economy, including practical challenges like supply chain limitations and industry frameworks; Dr. Engler highlighted how the Toxic Substances Control Act (TSCA) regulates discarded substances used as feedstocks by others and articles that may contain contaminants that could affect how an article is classified by the U.S. Bergeson & Campbell, P.C.’s

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House Subcommittee Will Hold Hearing on “TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act”

Brag

The House Energy and Commerce Subcommittee on Environment and Climate Change will hold a hearing on October 27, 2021 , on “ TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act.” We must protect consumers from exposure to toxic substances and ensure the Environmental Protection Agency is using the tools Congress granted it to protect public health.” ” The Subcommittee will discuss the implementation of the Lautenberg Act and the U.S.

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EPA Holds Second Webinar for TSCA New Chemical Engineering Outreach Initiative

Brag

Environmental Protection Agency’s (EPA) New Chemicals Program held a webinar on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. By Lynn L. Bergeson and Carla N. Hutton. On October 18, 2022, the U.S.

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Senate Confirms Michal Freedhoff as EPA Assistant Administrator for Chemical Safety and Pollution Prevention

Brag

The announcement states that Freedhoff’s legislative work includes the 2016 re-authorization of the Toxic Substances Control Act (TSCA), 2019 legislation to address per- and polyfluoroalkyl substances (PFAS) contamination, the fuel economy provisions in the 2007 Energy Independence and Security Act, and a law requiring the creation of an online database of potential consumer product safety defects By Lynn L. Bergeson and Carla N. Hutton.

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Registration Opens for Free Webinar on “TSCA: It Is Not What You May Think”

Brag

” For decades, the Toxic Substances Control Act (TSCA) has been regarded as a “chemical producer” law that retailers, product manufacturers, and other “article” manufacturers could, for the most part, comfortably ignore. By Lynn L. Bergeson and Carla N. Hutton. Bergeson & Campbell, P.C. is pleased to announce that Lynn L.

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Protecting the Ocean Means Protecting Communities

Ocean Conservancy

On December 1, Senator Cory Booker (D-NJ), Representative Jared Huffman (D-CA-02), Senator Jeff Merkley (D-OR), and Representative Alan Lowenthal (D-CA-47) introduced new legislation, the Protecting Communities from Plastic Act (S.

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EPA Issues Final SNUR for MWCNTs (Generic)

Nanotech

Environmental Protection Agency (EPA) issued final significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for certain chemical substances that were the subject of premanufacture notices (PMN), including multi-walled carbon nanotubes (MWCNT) (generic).

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EPA OIG To Begin Fieldwork On Audit Of EPA’s Process For Conducting New Chemical Reviews

Brag

Environmental Protection Agency (EPA) Office of Inspector General (OIG) plans to begin fieldwork on an audit of EPA’s process for conducting reviews of new chemicals under the Toxic Substances Control Act (TSCA). By Lynn L. Bergeson. According to an October 26, 2021, project notification memorandum , the U.S.

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GAO Asks Whether Chemical Recycling Can Reduce Plastic Pollution

Brag

Furthermore, making a polymer by depolymerizing plastic is, according to the Toxic Substances Control Act (TSCA) nomenclature rules, different than the virgin polymer. By Lynn L. Bergeson. The U.S. Government Accountability Office (GAO) posted a WatchBlog item entitled “ Can Chemical Recycling Reduce Plastic Pollution? ” on October 5, 2021. The item looks at GAO’s September 2021 Science & Tech Spotlight: Advanced Plastic Recycling.

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In Wake of COVID-19, USEPA Allows On-Site Inspections to be Replaced by Off-Site Monitoring Activities

Environment Next

In a recent letter , the EPA Office of Enforcement and Compliance Assistance announced that state environmental protection agencies must continue with their required planned inspection commitments of businesses under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); Toxic Substances Control Act (TSCA); Safe Drinking Water Act(SDWA), Clean Air Act (CAA); Clean Water Act (CWA); Resource Conservation and Recovery Act (RCRA); and Underground Storage Tank programs.

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EPA OIG Plans to Begin Fieldwork on Audit of EPA’s Process for Conducting New Chemical Reviews

Brag

Environmental Protection Agency (EPA) Office of Inspector General (OIG) plans to begin fieldwork on an audit of EPA’s process for conducting reviews of new chemicals under the Toxic Substances Control Act (TSCA). By Lynn L. Bergeson and Carla N. Hutton. According to an October 26, 2021, project notification memorandum , the U.S.

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TSCA NCC Submits Comments On EPA’s New Chemicals Collaborative Research Program

Brag

Environmental Protection Agency (EPA) announced on February 25, 2022, the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. ” The Office of Chemical Safety and Pollution Prevention (OCSPP) proposes to develop and implement a multi-year collaborative research program focused on approaches for performing risk assessments on new chemical substances under TSCA. By Lynn L. Bergeson. The U.S.

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GAO Publishes Science & Tech Spotlight on Biorecycling of Plastics

Brag

At the federal level, depending on the specifics of the process, aspects of biorecycling or the wastes that may result from that process might be governed by statutes such as the Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), and the Microbial Products of Biotechnology Rule. By Lynn L. Bergeson and Carla N. Hutton. On November 21, 2022, the U.S.