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 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 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

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 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.

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 Issues Final SNUR for Certain Multiwalled Carbon Nanotubes

Nanotech

On August 18, 2021, the U.S.

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.

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.

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.

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.

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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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.

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

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.

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

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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.

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 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 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.

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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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 and Carla N. Hutton. 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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Senate Committee Hearing on Proposed FY 2023 EPA Budget Includes Discussion of TSCA and FIFRA Issues

Brag

In his written testimony , Regan states that EPA has significant responsibilities under amendments to the Toxic Substances Control Act (TSCA) to ensure the safety of chemicals in or entering commerce and addressing unreasonable risks to human health or the environment. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). Without significant resources, the Biden EPA will struggle to meet the ambitious goals of the Lautenberg Act

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President Biden’s FY 2022 Budget Request Includes $11.2 Billion For EPA

Brag

In FY 2022, EPA will advance public health by providing an additional $15 million and 87 full-time equivalent employees (FTE) to build agency capacity in managing chemical safety and toxic substances under the Toxic Substances Control Act (TSCA); Tackling the Climate Crisis with the Urgency Science Demands: The FY 2022 budget recognizes the opportunity in tackling the climate crisis by developing the technologies and solutions that will drive new markets and create good paying jobs.

Biden Administration Accelerates Federal Regulation of PFAS

Ohio Environmental Law

This week the Biden Administration released their PFAS Strategic Roadmap which sets forth ambitious action on regulation of Per- and Polyfluoroalkyl Substances (PFAS) pollution, including targeted action with deadlines for eight different federal agencies. Evaluate Toxicity of PFAS Compounds.

Registration Opens for “TSCA Reform – Five Years Later,” an Essential Annual TSCA Event

Brag

” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Dianne Barton , Council Chair, National Tribal Toxics Council. Gartner , Managing Attorney, Toxic Exposure & Health Program, Earthjustice. A Timely and Essential Complimentary Conference.

EPA OPPT Strategic Plan for FYs 2021-2023 Outlines Six Priority Areas

Brag

Environmental Protection Agency (EPA) has prepared a strategic plan for the Office of Pollution Prevention and Toxics (OPPT) for fiscal years (FY) 2021-2023. By Lynn L. Bergeson and Carla N. Hutton. The U.S.

EPA Proposes TSCA New Chemicals Collaborative Research Program, Will Hold Public Meeting in April

Brag

Environmental Protection Agency will hold a virtual public meeting April 20-21, 2022, to seek individual input on the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. ” EPA states that the Office of Chemical Safety and Pollution Prevention (OCSPP) is proposing to develop and implement a multi-year collaborative research program focused on approaches for performing risk assessments on new chemical substances under TSCA.

Roe v. Wade Draft Bodes Ill for Air, Wetlands and EPA

Union of Concerned Scientists

The broader implications of glorifying the certitude of jurists who wrote and defended laws in eras where white men literally controlled Black bodies and treated white women as second-class citizens are terribly easy to imagine.

Join EPA in Observing Children’s Health Month

EPA

Examples of these additional statutory requirements include: the Food Quality Protection Act. the Safe Drinking Water Act , the Clean Air Act , and. the Toxic Substances Control Act. By Jeanne Briskin. Director of the Office of Children’s Health Protection.

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EPA Announces Steps Intended to Enhance Scientific Integrity and Strengthen New Chemical Safety Reviews

Brag

The announcement includes the following actions: New OCSPP Science Policy Council and New Science Policy Advisor Position: OCSPP is forming a new internal advisory group, the OCSPP Science Policy Council, to provide advisory support and recommendations on science policy and scientific integrity issues that arise within its Office of Pollution Prevention and Toxics (OPPT) and Office of Pesticide Programs (OPP). By Lynn L. Bergeson and Carla N. Hutton. The U.S.

EPA’s Fall 2021 Unified Agenda Includes TSCA Rulemakings

Brag

According to EPA’s rule list , the Office of Chemical Safety and Pollution Prevention (OCSPP) is working on the following rulemakings under the Toxic Substances Control Act (TSCA). EPA states that this information is needed to inform prioritization, risk evaluation, and risk management of the chemical substances under TSCA Section 6. By Lynn L. Bergeson.

Flurry of PFAS Actions in the First 100 Days of the Biden Administration: The Highlights

Cole Sholtz

Acting on PFAS was a steadfast part of President Biden’s environmental campaign promises. PFAS Action Act of 2021 , bipartisan bill introduced to the US House of Representatives. Designate PFOA and PFOS as a “hazardous substances” within one year and determine if other PFAS should be designated within five years under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), known as Superfund. Updated PFBS Toxicity Assessment released by EPA.

Chemical Used to Make Teflon is Causing a Sticky Situation in West Virginia and Ohio

Vermont Law

million after finding DuPont liable for dumping toxic chemicals into drinking water near its Washington Works Plant in Parkersburg, West Virginia. million for negligence and $500,000 for emotional distress) after finding DuPont liable for leaking a toxic chemical into drinking water near one of its plants. Summary: An Ohio jury awards $1.6

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The Chemical Compound—March 2022

Arnold Porter

Our primary focus continues to be matters affecting chemical substances which are the subject of regulatory activity or scrutiny by various federal and state government agencies and potential litigants. EPA Added Four PFAS to Toxics Release Inventory for 2022.

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EPA Will Not Require Financial Assurances From Electric Power Sector

Clean Energy Law

CERLCA imposes a joint and several liability scheme that holds certain entities ( e.g. , certain owners and operators, generators, arrangers, and transporters of hazardous substances) liable for the costs or damages associated with environmental remediation.

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Asbestos Use in the United States

Vermont Law

It wasn’t until the introduction of the Clean Air Act in 1970 that the Environmental Protection Agency (EPA) was able to legally regulate asbestos, specifically the use of spray-on asbestos products. In 1976, the Toxic Substances Control Act (TSCA) was passed, which allowed for additional restrictions on the mineral’s usage and eventually became the basis of a failed phase out of asbestos products in 1989. Lautenberg Chemical Safety for the 21st Century Act.

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Moving the Needle on PFAS Regulation

Vermont Law

It is not something you want to hear about toxic chemicals. of Americans have measurable concentrations of a now-ubiquitous class of toxic chemicals in their blood known as per- and polyfluoroalkyl, or. Efforts to protect public health and the environment from PFAS have been hampered by major gaps in both federal and state law and the Environmental Protection Agency’s (EPA) unwillingness to act. Safe Drinking Water Act. Toxic Substances Control Act.

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