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.

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 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.

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

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.

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.

EPA continues to take actions to address PFAS in commerce

Environmental News Bits

EPA has announced two important actions to safeguard communities from products containing Per- and Polyfluoroalkyl Substances (PFAS). First, as part of EPA’s effort to identify, understand and address PFAS contamination leaching from fluorinated containers, the agency is notifying companies of their obligation to comply with existing requirements under the Toxics Substances Control Act (TSCA) to ensure… Read more → PFAS Plastics Regulation

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.,

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.”

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.

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.

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.

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.

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.

EPA Issues Final SNUR for Certain Multiwalled Carbon Nanotubes

Nanotech

On August 18, 2021, the U.S.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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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Isn’t It Ironic?

Acoel

It is ironic, however, that EPA is applying the Toxic Substances Control Act (TSCA) in ways that are counterproductive to achieving these goals. Each year, fewer Section 5 notified substances are entering into commerce. EPA Toxic Substances TSCA

OECD Tour de Table Includes Update on Nano Developments in the United States

Nanotech

Environmental Protection Agency (EPA) completed review of two low volume exemptions for a modified graphene substance and a modified titanium dioxide substance. Additionally, EPA reviewed and completed a significant new use notice (SNUN) for a carbon nanotube substance.

EPA Proposes SNUR for Certain Multi-Walled Carbon Nanotubes

Nanotech

Environmental Protection Agency (EPA) proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for a number of chemical substances that were the subject of premanufacture notices (PMN) and are also subject to Orders issued by EPA pursuant to TSCA.

EPA Announces Comprehensive National Strategy On PFAS Pollution

PA Environment Daily

On October 18, the U.S. Environmental Protection Agency announced a national Strategic Roadmap to protect public health and the environment from PFAS pollution.

An Effective Strategy on Climate Change Requires State Action

Acoel

I remain confident that the Biden Administration will identify and pursue multiple pathways to address the climate crisis, including other regulatory options under the Clean Air Act (our colleague Bob McKinstry recently suggested alternative Clean Air Act approaches), reliance on other federal laws to regulate CO2 (some have suggested the Toxics Substance Control Act), and actions by other federal agencies to preserve natural resources and promote development of clean energy (e.g.;

A Win for Science: EPA Releases Formaldehyde Study the Chemical Industry Tried to Suppress

Union of Concerned Scientists

Without the latest IRIS assessment and designation of formaldehyde as a human carcinogen, the EPA has not had the ability to adequately regulate it under the Toxic Substances Control Act. Scientific Integrity formaldehyde Scientific Integrity Act

PFAS…The Forever Chemicals

Capaccio Environmental

In recent years, the regulatory approach to per- and polyfluoroalkyl substances (PFAS) has been dynamic and increasingly proactive at the federal level. Enhance PFAS reporting under the Toxics Release Inventory (TRI) .

EPA Announces Effort to Streamline Review of Climate-Friendly New Chemicals

Brag

Environmental Protection Agency (EPA) announced a new effort under the Toxic Substances Control Act (TSCA) to streamline the review of new chemicals that could be used to displace current, higher greenhouse gas (GHG) emitting transportation fuels. By Lynn L. Bergeson and Carla N. Hutton. On January 21, 2022, the U.S.

EPA Holds Webinar on Biofuel PMNs: New Chemical Risk Assessment and Applications of the Tools and Models

Brag

According to EPA, the bi-weekly webinar series includes reviewing requirements under the Toxic Substances Control Act (TSCA), outlining the streamlined approaches for risk assessments and risk management actions, and providing information on how to navigate the new chemicals premanufacture notice (PMN) process. There are challenges in performing read-across approaches and route-to-route extrapolations with analogous substances of variable composition. By Lynn L.

EPA Announces Legally Mandated Changes to TSCA Fees

Brag

Environmental Protection Agency (EPA) announced on November 23, 2021, legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). By Richard E. Engler, Ph.D. , and Carla N. Hutton. The U.S. This is not the fee adjustment we have been awaiting. It is a routine increase that TSCA directs EPA every three years to adjust the fees. The adjustment will go into effect on January 1, 2022 , and will apply to all TSCA fees.

Game Changer- U.S. EPA Proposes to List PFOS and PFOA as “Hazardous Substances” Under CERCLA

Ohio Environmental Law

The term “game changer” has been thrown around quite a bit with regard to EPA’s intention to list PFOS and PFOA as “hazardous substances” under CERCLA. Any past owners or operators of a facility that released hazardous substances. Generators of hazardous substances.

EPA Draft FY 2022-2026 Strategic Plan Includes Ambitious Goals To Ensure Safety Of Chemicals For People And The Environment

Brag

By Lynn L. Bergeson. On October 1, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the Draft FY 2022-2026 EPA Strategic Plan. 86 Fed. 54448. The draft Strategic Plan communicates EPA’s priorities and provides the roadmap for achieving its mission to protect human health and the environment.

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