TSCA/FIFRA/TRI

“Why the US EPA can, and should, evaluate the risk-reducing role a new chemical may play if allowed on the market,” By Richard E. Engler, Ph.D. And Jeffery T. Morris, Ph.D., For Chemical Watch: In the twenty first century, we take as given a steady stream of new and higher merchandise. From electronics to constructing supplies to transportation options, the movement of new and higher merchandise and purposes appears never-ending. New chemical substances play a basic function in creating these merchandise and making present merchandise higher. If the pipeline of new chemical compounds had been closed off, the movement of new merchandise and purposes would sluggish to a trickle and finally dry up. Modern life as we all know it will not exist with out the continued invention, manufacturing, and use of new chemical compounds. Read the total article online.

EHS Daily Advisor Publishes “What Might EHS Expect from the Biden EPA?” By Lynn L. Bergeson: As a brand new administration arrives in Washington, D.C., few issues are sure besides that 2021 is bound to be an eventful yr. While underlying partisan jockeying and prospects for bipartisan cooperation will vastly have an effect on what could occur within the extra restricted context of chemical regulation, the Biden Administration has already laid out priorities on the atmosphere that can absolutely affect the U.S. Environmental Protection Administration (EPA) positions on local weather change, the function of science, and regulation basically. Read the total article online.

National Academies Committee Recommends EPA Improve Its Use Of Systematic Review In TSCA Risk Evaluations; EPA “Commits to Strengthening Science Used in Chemical Risk Evaluations”: On February 16, 2021, the National Academies of Sciences, Engineering, and Medicine (National Academies) announced the supply of a report entitled The Use of Systematic Review in EPA’s Toxic Substances Control Act Risk Evaluations. EPA requested that the National Academies convene a committee to overview EPA’s 2018 steering doc on Application of Systematic Review in TSCA Risk Evaluations and related supplies. In its last report, the Committee to Review EPA’s Toxic Substances Control Act (TSCA) Systematic Review Guidance Document states that it “was in strong consensus that the processes used by [the Office of Pollution Prevention and Toxics (OPPT)] do not meet the evaluation criteria specified in the Statement of Task (i.e., comprehensive, workable, objective, and transparent).” The last report states that “[t]here is an ongoing cross-sector effort to develop and validate new tools and approaches for exposure, environmental health, and other new areas of application of systematic review,” and the Committee “strongly recommends that OPPT staff engage in these efforts.”

EPA printed a press release on February 16, 2021, in response to the Committee’s report, asserting that it “will refine its approach to selecting and reviewing the scientific studies that are used to inform” TSCA chemical danger evaluations. EPA “expects to publish and take public comment on a TSCA systematic review protocol that will adopt many of the recommendations in the Academies’ report later this year.” More data is obtainable in our February 17, 2021, blog item.

EPA Will Hold Public Comment Period For Manufacturer-Requested Risk Evaluation For OTNE: On February 18, 2021, EPA introduced that it’s opening a public remark interval for a manufacturer-requested danger analysis of octahydro-tetramethyl-naphthalenyl-ethanone (OTNE), a class of chemical substances consisting of 4 inseparable particular person isomers. 86 Fed. Reg. 10267. EPA particularly invitations public touch upon the inclusion of any further situations of use and probably uncovered or prone subpopulations. According to the discover, EPA is within the course of of broadly re-examining the way it intends to implement these and different provisions of amended TSCA, together with figuring out how new govt orders and different course offered by the Biden-Harris Administration will likely be addressed. Comments are due April 5, 2021. More data is obtainable in our February 18, 2021, blog item.

EPA Extends Comment Period For Proposed Updates To TSCA Fees Rule: On February 23, 2021, EPA prolonged the general public remark interval on proposed updates to the TSCA Fees Rule to present stakeholders extra time to overview and remark. 86 Fed. Reg. 10918. Comments are due March 27, 2021. Information on the proposed updates is obtainable in our December 30, 2020, memorandum, “EPA Intends Proposed Rule to Increase Flexibility and Reduce Burdens under TSCA Fees Program.”

EPA Publishes Receipt And Status Information For Certain New Chemicals: On February 23, 2021, EPA printed the receipt and standing studies for TSCA Section 5 submissions for January 2021. 86 Fed. Reg. 10958. EPA offers discover of receipt of premanufacture notices (PMN), important new use notices (SNUN), and microbial business exercise notices (MCAN) (together with amended notices and take a look at data); an exemption utility underneath 40 C.F.R. Part 725 (Biotech exemption); take a look at advertising exemptions (TME), each pending and/or concluded; notices of graduation (NOC) to fabricate a brand new chemical substance; and a periodic standing report on new chemical substances which can be at present underneath EPA overview or have lately concluded overview. EPA additionally offers information on its website about circumstances reviewed underneath the amended TSCA, together with the Section 5 PMN/SNUN/MCAN and exemption notices obtained, the date of receipt, the ultimate EPA dedication on the discover, and the efficient date of EPA’s dedication for PMN/SNUN/MCAN notices. Comments recognized by the particular case quantity offered within the discover should be obtained on or earlier than March 25, 2021.

GAO Report States EPA Has Completed Some Regulatory-Related Actions For PFAS: On March 1, 2021, the U.S. Government Accountability Office (GAO) publicly launched a report entitled Man-Made Chemicals and Potential Health Risks: EPA Has Completed Some Regulatory-Related Actions for PFAS. GAO discovered that EPA accomplished three of six chosen regulatory-related actions for addressing per- and polyfluoroalkyl substances (PFAS) outlined within the PFAS Action Plan. According to GAO, three of the six chosen regulatory-related actions are ongoing, and EPA’s progress on these actions varies. More data is obtainable in our March 2, 2021, blog item.

GAO Reports That EPA’s Process For Assessing And Controlling Toxic Chemicals Has Regressed: On March 2, 2021, GAO printed its newest High Risk List, which incorporates 36 areas throughout the federal authorities susceptible to waste, fraud, abuse, and mismanagement or needing broad-based transformation. According to GAO, 5 areas have regressed since 2019, together with EPA’s course of for assessing and controlling poisonous chemical compounds. GAO’s report, High-Risk Series: Dedicated Leadership Needed to Address Limited Progress in Most High-Risk Areas, states that this high-risk space declined within the monitoring criterion from {a partially} met ranking in 2019 to a not met ranking in 2021; three standards in every of the 2 segments declined to a not met ranking in 2021. GAO notes that the Integrated Risk Information System (IRIS) Program didn’t difficulty a accomplished chemical evaluation between August 2018 and December 2020, and EPA (1) didn’t point out the way it was monitoring its evaluation nomination course of to make sure it was producing high quality details about chemical evaluation wants; and (2) lacked implementation steps and useful resource data in its strategic plan and metrics to outline progress within the IRIS Program. Additionally, in response to GAO, EPA’s packages supporting TSCA (1) didn’t full workforce or workload planning to make sure the Agency can meet TSCA deadlines; and (2) didn’t meet preliminary statutory deadlines for releasing its first ten chemical danger evaluations.

EPA Announces Settlement With Major Chemical Distributor For TSCA Violations: On March 2, 2021, EPA announced that it reached a settlement settlement with Brenntag Pacific, Inc. for TSCA violations. According to EPA, Brenntag Pacific, Inc. has corrected the violations and pays a $128,265 effective. EPA inspectors “found the company failed to submit accurate and timely reports and notification associated with the import and export of nine chemicals.” According to EPA, between 2012 and 2015, Brenntag Pacific, Inc. did not report correctly the import manufacturing volumes and makes use of of 5 chemical compounds as required by the 2016 Chemical Data Reporting (CDR) Rule.

Ranking Members On House Committee On Science, Space, And Technology Urge EPA To “Expedite” Reevaluation Of TSCA Systematic Review: On March 3, 2021, Representatives Frank Lucas (R-OK), Ranking Member of the House Science, Space, and Technology Committee; Stephanie Bice (R-OK), Ranking Member of the Environment Subcommittee; and Jay Obernolte (R-CA), Ranking Member of the Investigations and Oversight Subcommittee, despatched a letter to EPA urging EPA to expedite any reevaluation of TSCA systematic overview strategies. In their March 4, 2021, press release, the Republicans ask for EPA’s dedication that, “in accordance with congressional intent to operate with flexibility and speed, TSCA does not fully or consistently adopt program processes or procedures implemented by IRIS.” If EPA incorporates parts developed by the IRIS Program into TSCA, the Republicans “expect the Agency to assess their benefits and impacts thoroughly, while also adhering to the statutorily prescribed deadlines and scientific standards mandated.”

EPA Releases Testing Data Showing PFAS Contamination From Fluorinated Containers: On March 5, 2021, EPA announced that it’s making obtainable new testing knowledge associated to PFAS present in fluorinated containers wherein a mosquito management product was packaged and offered. EPA additionally introduced its deliberate subsequent steps to characterize additional and deal with this potential supply of contamination. EPA states that it “will use all available regulatory and non-regulatory tools to determine the scope of this emerging issue and its potential impact on human health and the environment. It is important to note that although these types of products should not be a source of PFAS, the data indicates that the amount of PFAS that has entered the environment from the contamination in the containers the agency tested is extremely small.” According to the announcement, EPA can also be dedicated to coordinating with the affected entities concerned and their provide and distribution chains, pesticide customers, the pesticide and packaging trade, and its federal, state, and tribal companions as it really works by this complicated well being and environmental difficulty.

EPA Proposes To Cancel FIFRA Registration For Pentachlorophenol: On March 5, 2021, EPA announced that “[i‌]n support of the Biden-Harris Administration’s commitment to making evidence-based decisions to protect human health, U.S. Environmental Protection Agency (EPA) is taking an important step by proposing the cancellation of the registration of pentachlorophenol.” Pentachlorophenol, a well-recognized wooden preservative in use for many years, is registered underneath the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to EPA, it’s used totally on utility poles. For extra data on the cancellation of pentachlorophenol, please learn the full memorandum.

EPA Seeks Additional Public Comment On Final PBT Rules, Announces No Action Assurance For Final Rule On PIP (3:1): EPA announced on March 8, 2021, that it’s asking for added public enter on 5 last guidelines for persistent, bioaccumulative, and poisonous (PBT) chemical compounds issued on January 6, 2021, underneath TSCA. EPA is opening a 60-day remark interval for the general public to supply new enter on:

  • Whether the foundations sufficiently scale back publicity to those chemical compounds, together with exposures to probably uncovered or prone subpopulations and the atmosphere;
  • Newly raised compliance points related to the ultimate rule on phenol, isopropylated phosphate (3:1) (PIP (3:1)), together with the compliance dates for sure regulated articles; and
  • Whether to think about further or various measures or approaches.

EPA will use the suggestions obtained in the course of the remark interval to find out the perfect path ahead, which might embody amending the ultimate guidelines to incorporate further or various publicity discount measures or extending compliance dates for sure regulated merchandise and articles. Upon publication of the Federal Register discover, EPA will settle for public feedback for 60 days.

EPA can also be issuing a brief 180-day “No Action Assurance” indicating that it’s going to train its enforcement discretion concerning the prohibitions on processing and distribution of PIP (3:1) to be used in articles, and the articles to which PIP (3:1) has been added. EPA “is taking this action to ensure that the supply chain of these important articles is not interrupted while EPA continues to collect the information needed to best inform subsequent regulatory efforts and allow for the issuance of a final agency action to extend the March 8, 2021, compliance date as necessary.”

EPA Publishes Statements Of Findings For 2020 For Certain New Chemicals Or Significant New Uses: On March 10, 2021, EPA printed statements of Administrator findings underneath TSCA Section 5(a)(3)(C) for January 1, 2020, by December 31, 2020. 86 Fed. Reg. 13706. TSCA Section 5(g) requires EPA to publish within the Federal Register an announcement of its findings after its overview of TSCA Section 5(a) notices when EPA makes a discovering {that a} new chemical substance or important new use will not be more likely to current an unreasonable danger of harm to well being or the atmosphere. Such statements apply to PMNs, MCANs, and SNUNs submitted to EPA underneath TSCA Section 5.

COVID-19

FDA Issues Latest Update On Response Efforts: On March 9, 2021, the U.S. Food and Drug Administration (FDA) issued its newest update on the continuing response efforts to the COVID-19 pandemic. The highlights embody 340 assessments and pattern assortment units are actually licensed underneath Emergency Use Authorizations (EUA) with 38 of these to be used in home-collection of samples. In addition, FDA warns that it’s illegal to promote {that a} product can stop, deal with, or treatment human ailments until you possess competent and dependable scientific proof, together with, when acceptable, well-conducted human medical research, substantiating that the claims are true on the time they’re made and for COVID-19, no such examine is at present recognized to exist for sure product sorts, together with wipes.

RCRA/CERCLA/CWA/CAA/PHMSA/SDWA

EPA Extends Comment Periods For Proposed National Emission Standards For Hazardous Air Pollutants (NESHAP) Rules: On February 23, 2021, EPA prolonged the remark intervals for proposed guidelines titled “National Emission Standards for Hazardous Air Pollutants: Mercury Cell Chlor-Alkali Plants Residual Risk and Technology Review” (86 Fed. Reg. 1362) and “National Emission Standards for Hazardous Air Pollutants: Primary Magnesium Refining Residual Risk and Technology Review” (86 Fed. Reg. 1390), printed on January 8, 2021; “National Emission Standards for Hazardous Air Pollutants: Flexible Foam Fabrication Operations Residual Risk and Technology Review and Flexible Polyurethane Foam Production and Fabrication Area Source Technology Review” (86 Fed. Reg. 1868), printed on January 11, 2021; “National Emission Standards for Hazardous Air Pollutants: Refractory Products Manufacturing Residual Risk and Technology Review” (86 Fed. Reg. 3079) and “National Emission Standards for Hazardous Air Pollutants: Carbon Black Production Residual Risk and Technology Review” (86 Fed. Reg. 3054), printed January 14, 2021; and “National Emission Standards for Hazardous Air Pollutants: Cyanide Chemicals Manufacturing Residual Risk and Technology Review” (86 Fed. Reg. 3906), printed on January 15, 2021. 86 Fed. Reg. 10909. EPA states that it’s extending the remark interval to permit further time for stakeholders to overview and touch upon the proposals. Comments on the January 8, 2021, proposed guidelines are due March 24, 2021. Comments on the January 11, 2021, proposed rule are due March 29, 2021. Comments on the January 14, 2021, and January 15, 2021, proposed guidelines are due March 31, 2021.

EPA Announces Final Regulatory Determinations For Contaminants On CCL 4: On March 3, 2021, EPA introduced last regulatory determinations for eight of the 109 contaminants listed on the Fourth Contaminant Candidate List (CCL 4). 86 Fed. Reg. 12272. Specifically, EPA made last determinations to manage perfluorooctanesulfonic acid (PFOS) and perfluorooctanoic acid (PFOA) and to not regulate 1,1-dichloroethane, acetochlor, methyl bromide (bromomethane), metolachlor, nitrobenzene, and RDX. The Safe Drinking Water Act (SDWA) requires EPA to make regulatory determinations each 5 years on at the very least 5 unregulated contaminants. A regulatory dedication is a call about whether or not to start the method to suggest and promulgate a nationwide major consuming water regulation for an unregulated contaminant.

EPA Requests Additional Input On The Lead And Copper Rule: EPA announced on March 10, 2021, that it’s extending the efficient date of the Revised Lead and Copper Rule (LCR) in order that it will possibly search additional public enter, significantly from communities which can be most at-risk of publicity to steer in consuming water. The first motion is a last rule that asserts an extension of the efficient date for the revised LCR from March 16, 2021, till June 17, 2021. 86 Fed. Reg. 14003. The function of this extra time is to allow EPA to take public touch upon a second motion that would supply an extended extension of the efficient date and for EPA to overview the rule “in a deliberate and thorough manner consistent” with the general public well being functions of the SDWA, President Biden’s Executive Order on Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, the President’s Chief of Staff’s Regulatory Freeze Pending Review Memorandum, and in session with affected stakeholders. The second motion is a proposed rule that might prolong the efficient date till December 16, 2021, and additionally proposes a corresponding extension of the revised LCR’s compliance deadline to September 16, 2024. 86 Fed. Reg. 14063. According to EPA, this motion would be sure that consuming water programs and primacy states proceed to have the total three years offered by the SDWA to take actions wanted to guarantee regulatory compliance. Comments on the proposed rule are due April 12, 2021.

EPA Proposes Revisions To UCMR 5 For Public Water Systems And Announces Public Meeting: On March 11, 2021, EPA proposed an SDWA rule that might require public water programs to gather nationwide incidence knowledge for 29 PFAS and lithium. 86 Fed. Reg. 13846. According to EPA, the proposed rule would require all neighborhood and non-transient non-community water programs serving 3,300 or extra folks, and a consultant pattern of smaller water programs, to conduct monitoring. EPA notes that PFAS and lithium should not at present topic to nationwide major consuming water laws, and EPA proposes to require the gathering of consuming water incidence knowledge to tell EPA selections. EPA can also be asserting two public conferences (through webinar) to debate this proposal of the fifth Unregulated Contaminant Monitoring Rule (UCMR 5). The quantity of webinar connections obtainable for the assembly is restricted and will likely be obtainable on a first-come, first-served foundation. Further particulars about registration and participation will be discovered on EPA’s Unregulated Contaminant Monitoring Program Meetings and Materials web page. Comments are due April 12, 2021.

EPA Amends General Provisions For NESHAP To Remove Certain Exemptions From Emission Standards During SSM Periods: On March 11, 2021, EPA amended the Code of Federal Regulations (C.F.R.) to replicate a court docket order concerning the General Provisions for NESHAP issued on December 19, 2008, by the U.S. Court of Appeals for the District of Columbia Circuit. 86 Fed. Reg. 13819. The court docket vacated two provisions within the General Provisions that exempted sources from hazardous air pollutant (HAP) non-opacity and opacity emission requirements during times of startup, shutdown, and malfunction (SSM). The court docket held that underneath the Clean Air Act (CAA), emissions requirements or limitations should be steady in nature and that the SSM exemptions in these two provisions violate this requirement. The last rule amended these two NESHAP General Provisions to evolve to the court docket’s order. The last rule was efficient on March 11, 2021.

EPA Reopens Comment Period On Notice Of Data Availability For Reconsideration Of Beneficial Use Criteria And Provisions For Piles Of CCR: On March 12, 2021, EPA reopened the remark interval on the discover of knowledge availability for its reconsideration of the useful use standards and provisions for piles of coal combustion residuals (CCR). 86 Fed. Reg. 14066. EPA printed the unique discover of knowledge availability on December 22, 2020, with a 60-day public remark interval closing February 22, 2021. EPA reopened the general public remark interval for an extra 60 days, to May 11, 2021.

FDA

Materials From FDA’s Food Traceability Public Meetings: On February 12, 2021. FDA announced the publication of supplies from three Food Traceability Public conferences held on the finish of 2020. The function of the conferences was to debate and encourage public engagement with the proposed “Requirements for Additional Traceability Records for Certain Foods” rule.

FDA Issues Letter To Industry On Chemical Hazards: On March 5, 2021, FDA issued a letter to industry on its efforts to cut back poisonous parts in meals for infants and younger youngsters. FDA notes that ranges of heavy metals in meals depends upon a spread of elements, together with rising situations, manufacturing and agricultural processes, previous or present environmental contamination, and the inherent capacity for crops to take up parts. The letter focuses on Food Safety Modernization Act (FSMA) guidelines, together with Current Good Manufacturing Practices, Hazard Analysis, and Risk-Based Preventive Controls for Human Food, and reminds meals producers and processors of their obligations underneath these guidelines.

NANOTECHNOLOGY

OECD Publishes Developments On The Safety Of Manufactured Nanomaterials In Tour De Table: The Organization for Economic Cooperation and Development (OECD) has printed the newest version of the Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table. The Tour de Table compiles data offered by delegations on the event of the twentieth assembly of the OECD Working Party on Manufactured Nanomaterials (WPMN) in September 2020. Highlights from the Tour de Table can be found in our February 19, 2021, blog item.

EUON Publishes Nanopinion On Using eREACHNano To Register Nanoforms Under REACH: On February 19, 2021, the European Union (EU) Observatory for Nanomaterials (EUON) printed a Nanopinion entitled “eREACHNano helps you to register nanoforms under REACH” by Dorte Rasmussen, Ph.D., who has been engaged on the publicity and danger evaluation of chemical compounds at DHI A/S for nearly 25 years. Rasmussen describes eREACHNano, a software developed to elucidate Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation necessities for nanoforms. More data is obtainable in our February 22, 2021, blog item.

VdMi Publishes Comparative Compilation Of Nano Definitions And Their Consequences: The Verband der Mineralfarbenindustrie e. V. (VdMi), which represents German producers of inorganic, natural, and metallic pigments, fillers, carbon black, ceramic and glass colours, meals colorants, artists’ and faculty paints, masterbatches, and merchandise for utilized photocatalysis, has printed a “Comparative Compilation of relevant nano definitions in different regulations and their corresponding consequences.” VdMi intends the compilation “to provide an initial overview of the nano-definitions implemented in the various EU regulations and their differences, as well as — according to our interpretation — the resulting consequences for the products concerned.”

NIEHS-Funded Study Finds Graphene Nanochannel Filters Hold Promise For Contaminant Clean-Up: The March 2021 difficulty of Environmental Factor, a month-to-month publication printed by the National Institute of Environmental Health Sciences (NIEHS), contains an merchandise entitled “New graphene nanochannel filters hold promise for contaminant clean-up.” According to the merchandise, an NIEHS-funded examine discovered a brand new technique to design nanomaterials to filter contaminants higher from water. More data is obtainable in our March 3, 2021, blog item.

France Recommends OELs For Titanium Dioxide Nanoparticles: On March 4, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) announced that it’s recommending an eight-hour occupational publicity restrict (OEL) of 0.80 micrograms per cubic meter (µg/m3) for titanium dioxide nanoparticles. Due to the shortage of obtainable knowledge on the fast or short-term results of titanium dioxide nanoparticles, in accordance with its methodological information, ANSES states that it additionally recommends not exceeding the focus of 4.0 µg/m3 over a 15-minute interval. More data is obtainable in our March 11, 2021, blog item.

EC Committee Publishes Final Opinion On Copper (Nano) And Colloidal Copper (Nano): On March 5, 2021, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) printed its final opinion on copper (nano) and colloidal copper (nano). For three completely different copper nanomaterials, notification recordsdata had been offered. The last opinion states that for all three copper nanomaterials, “the notified files were insufficient regarding their characterisation and for conducting a safety evaluation.” Most recordsdata contained declarations of security with none supporting knowledge or documentation, nevertheless, and primarily based on the offered data, the ultimate opinion states that it’s not potential to carry out a security evaluation on them. More data is obtainable in our March 8, 2021, blog item.

Registration Opens For NNI Webinar On “What We Know About NanoEHS: Human Exposure”: Registration is open for the U.S. National Nanotechnology Initiative’s (NNI) March 23, 2021, webinar on “What We Know About NanoEHS: Human Exposure.” The webinar will function specialists from numerous disciplines to share their views on key findings in quantifying and assessing the consequences of human publicity to nanomaterials. More data is obtainable in our March 4, 2021, blog item.

BIOBASED/RENEWABLE PRODUCTS

B&C® Biobased And Sustainable Chemicals Blog: For entry to a abstract of key legislative, regulatory, and enterprise developments in biobased chemical compounds, biofuels, and industrial biotechnology, go to http://blog.braginfo.org.

LEGISLATIVE

Congressional Biofuels Caucus Reintroduces Renewable Fuel Standard Integrity Act: On February 19, 2021, Representatives Angie Craig (D-MN) and Dusty Johnson (R-SD) led Co-Chairs of the Congressional Biofuels Caucus in reintroducing bipartisan laws supposed to make sure transparency and predictability to EPA’s small refinery exemption (SRE) course of. According to Craig’s February 19, 2021, press release, the Renewable Fuel Standard (RFS) Integrity Act would require small refineries to submit a petition for an RFS hardship exemption by June 1 of annually, permitting EPA to account correctly for exempted gallons within the annual Renewable Volume Obligations set every November. The invoice would additionally improve transparency by mandating the general public disclosure of knowledge surrounding SREs, “a process that has previously been carried out behind closed doors with little to no congressional oversight.” The press launch states that the invoice is supported by the National Corn Growers, Growth Energy, Fuels America, the Renewable Fuels Association, the National Biodiesel Board, the American Soybean Association, POET, the American Farm Bureau Federation, the National Farmers Union, and different teams devoted to defending and strengthening the RFS.

Gillibrand Announces PFAS Firefighter Protection Act: On February 22, 2021, Senator Kirsten Gillibrand (D-NY) announced the PFAS Firefighter Protection Act. The PFAS Firefighter Protection Act would ban the manufacture, importation, and sale of all firefighting foam containing PFAS inside two years of enactment. It additionally units deadlines for airports for prohibiting the use of PFAS firefighting foams. Gillibrand’s press launch notes that present regulation states that the Federal Aviation Administration (FAA) shall not require airports to make use of firefighting foam that accommodates PFAS. The laws would prohibit its use by 2024.

Legislation Reintroduced To Reduce Carbon Pollution From National Highway System: On February 23, 2021, the Senate Committee on Environment and Public Works announced that Senator Tom Carper (D-DE), Chair of the Committee , joined Senator Ed Markey (D-MA) and Representative Jared Huffman (D-CA) to reintroduce the Generating Resilient, Environmentally Exceptional National (GREEN) Streets Act. According to the Committee, the laws would set up nationwide targets to cut back greenhouse gasoline emissions from the National Highway System and assist states adapt their transportation programs to the opposed results of local weather change.

House Passes Protecting America’s Wilderness And Public Lands Act: On February 26, 2021, the House handed the Protecting America’s Wilderness and Public Lands Act (H.R. 803) by a vote of 227 to 200. The invoice is a bundle of eight separate measures regarding public lands in Arizona, Colorado, California, and Washington. The invoice would designate roughly 1.49 million acres of public land as wilderness and incorporates greater than 1,000 river miles into the National Wild and Scenic Rivers System. The invoice would additionally withdraw greater than 1.2 million acres of public land from new oil and gasoline and mining claims. On February 23, 2021, the Office of Management and Budget (OMB) issued a Statement of Administration Policy stating that the Biden-Harris Administration “strongly supports” House passage of the invoice.

CLEAN Future Act Introduced In The House: On March 2, 2021, Representatives Frank Pallone, Jr. (D-NJ), Chair of the House Committee on Energy and Commerce, Paul Tonko (D-NY), Chair of the Environment and Climate Change Subcommittee, and Bobby L. Rush (D-IL), Chair of the Energy Subcommittee, launched the Climate Leadership and Environmental Action for our Nation’s (CLEAN) Future Act, “ambitious new climate legislation that ensures the United States acts aggressively to tackle the climate crisis this decade and achieve net zero greenhouse gas pollution.” According to the Committee’s March 2, 2021, press release, the CLEAN Future Act would obtain internet zero greenhouse gasoline air pollution no later than 2050, with an interim goal of lowering air pollution by 50 p.c from 2005 ranges no later than 2030. The invoice contains each sector-specific and economy-wide options supposed to fulfill these targets, “offering a sweeping set of policy proposals that will put the United States on the path to a cleaner and more economically prosperous future.” The Energy and Commerce Subcommitte on Environment and Climate Change will maintain a legislative hearing on the invoice on March 18, 2021.

Bipartisan Fair Returns For Public Lands Act Introduced In The Senate: On March 10, 2021, Senators Jacky Rosen (D-NV) and Chuck Grassley (R-IA) announced the introduction of the bipartisan Fair Returns for Public Lands Act, laws supposed to “update the nation’s outdated public lands royalty system and ensure that taxpayers and our rural communities get fair returns on leases of public lands for oil and gas production.” The invoice would set a uniform federal royalty at 18.75 p.c that might be utilized to new oil and gasoline leases. According to Rosen’s press launch, the Congressional Budget Office estimated that this royalty would elevate $200 million in federal income over the following ten years, with an equal quantity returned to the states the place the oil or gasoline is being extracted. The invoice may also improve the charges for reinstated oil and gasoline leases, “which will discourage oil and gas developers from holding onto leases on public lands they do not intend to actually explore or develop.”

House Committee Holds Hearing On “Restoring the Vital Mission of EPA”: On March 10, 2021, the House Energy and Commerce Subcommittee on Oversight and Investigations held a listening to on “The Path Forward: Restoring the Vital Mission of EPA.” According to the March 7, 2021, memorandum from Representative Frank Pallone, Jr. (D-NJ), Chair of the Committee, to the Subcommittee, EPA’s present obligations embody reviewing nationwide air air pollution requirements and overseeing or finishing up cleanups at most of the 1,327 websites on the Superfund’s National Priorities List. TSCA and different legal guidelines require EPA to deal with threats and contamination from chemical compounds, together with PFAS. In addition, EPA can also be liable for addressing the well being impacts that disproportionately have an effect on low-income communities, communities of coloration, and fence-line communities located close to industrial vegetation. The memorandum notes that the earlier Administration eradicated or weakened greater than 170 environmental protections, impairing EPA’s capacity to deal with urgent environmental challenges. Finally, in response to the memorandum, persevering with finances and staffing pressures are also impacting EPA’s capability. The memorandum states that “[d]espite having fewer programs to administer at the time, EPA’s budget in 1980 was fifty percent higher in inflation-adjusted dollars than it is today. Between fiscal years 2015 and 2018, staffing levels at EPA declined by nearly 2,500 full-time equivalent positions.” The memorandum notes that extra departures could happen within the coming years, with practically 40 p.c of EPA now eligible for retirement. For extra data on the listening to, please learn the full memorandum.

House Committee Holds Hearing On Science Behind Impacts Of The Climate Crisis: The House Committee on Science, Space, and Technology held a listening to on March 12, 2021, on “The Science Behind Impacts of the Climate Crisis.” Witnesses included: Dr. Michael Oppenheimer, Albert G. Milbank Professor of Geosciences and International Affairs, Princeton University; Dr. Zeke Hausfather, Director of Climate and Energy, The Breakthrough Institute; Dr. Noah S. Diffenbaugh, Kara J. Foundation Professor, Department of Earth System Science, Kimmelman Family Senior Fellow, Woods Institute for the Environment, Stanford University; and Dr. Paula S. Bontempi, Dean, Graduate School of Oceanography, Professor of Oceanography, University of Rhode Island.

Senate Committee Will Hold Hearing On Challenges Facing Drinking Water And Waste Water Infrastructure Projects: The Senate Committee on Environment and Public Works will maintain a March 17, 2021, joint listening to of the total Committee and the Subcommittee on Fisheries, Water, and Wildlife entitled “Examining the Challenges Facing Drinking Water and Waste Water Infrastructure Projects.”

House Subcommittee Will Hold Hearing On “Brain Drain: Rebuilding the Federal Scientific Workforce”: The House Science, Space, and Technology Subcommittee on Investigations and Oversight will maintain a listening to on March 17, 2021, on “Brain Drain: Rebuilding the Federal Scientific Workforce.” Witnesses will embody Dr. Andrew Rosenberg, Director of the Center for Science and Democracy, Union of Concerned Scientists; Max Stier, President and Chief Executive Officer, Partnership for Public Service; and Dr. Betsy Southerland, Former Director of Science and Technology, Office of Water, EPA.

MISCELLANEOUS

Draft NTP Technical Reports On Sodium Tungstate Dihydrate, Di-N-Butyl Phthalate, And Di(2-Ethylhexyl) Phthalate Available For Comment: On February 27, 2021, the National Toxicology Program (NTP) introduced the supply of the Draft NTP Technical Reports on sodium tungstate dihydrate, di-n-butyl phthalate, and di(2-ethylhexyl) phthalate scheduled for peer overview. 86 Fed. Reg. 9947. A peer review meeting on the draft Technical Reports will likely be held remotely on April 2, 2021. Written feedback are due March 19, 2021. Registration to current oral feedback on the assembly will shut March 26, 2021. Registration to view the assembly will likely be open till April 2, 2021.

President Biden Signs Executive Order On America’s Supply Chain: On February 24, 2021, President Joseph Biden signed an Executive Order (EO) on America’s Supply Chains. 86 Fed. Reg. 11849. The fact sheet on the EO directs a direct 100-day overview throughout federal businesses to deal with vulnerabilities within the provide chains of 4 key merchandise: lively pharmaceutical components; crucial minerals; semiconductors and superior packaging; and massive capability batteries. The EO additionally requires a extra in-depth one-year overview of a broader set of U.S. provide chains. The one-year overview will embody a deal with six key sectors: the protection industrial base; the general public well being and organic preparedness industrial base; the knowledge and communications expertise (ICT) industrial base; the power sector industrial base; the transportation industrial base; and provide chains for agricultural commodities and meals manufacturing. The EO directs the Biden-Harris Administration “to consult widely with outside stakeholders, such as those in industry, academia, non-governmental organizations, communities, labor unions, and State, local, territorial, and Tribal governments.”

SEC Issues Statement On Review Of Climate-Related Disclosure: On February 24, 2021, Allison Herren Lee, Acting Chair of the U.S. Securities and Exchange Commission (SEC), issued an announcement on the SEC’s overview of climate-related disclosure. Lee has directed SEC’s Division of Corporation Finance to boost its deal with climate-related disclosure in public firm filings. In 2010, SEC offered steering to public corporations concerning the appliance of present disclosure necessities to local weather change issues. According to the assertion, as half of its enhanced focus on this space, SEC employees will overview the extent to which public corporations deal with the matters recognized within the steering, assess compliance with disclosure obligations underneath the federal securities legal guidelines, have interaction with public corporations on these points, and take up crucial classes on how the market is at present managing climate-related dangers. The assertion notes that SEC employees “will use insights from this work to begin updating the 2010 guidance to take into account developments in the last decade.”

USDA Reopens Comment Period On ANPRM Regarding Movement Of Animals Modified Or Developed By Genetic Engineering: On March 8, 2021, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) introduced that it’s going to reopen the remark interval on its December 8, 2020, advance discover of proposed rulemaking (ANPRM) on establishing laws for the motion of sure animals modified or developed by genetic engineering. 86 Fed. Reg. 13221. Under the regulatory framework being contemplated, the USDA would promulgate laws utilizing the authorities granted to it by the Animal Health Protection Act, the Federal Meat Inspection Act (FMIA), and the Poultry Products Inspection Act (PPIA). Pursuant to those authorities, APHIS would conduct a security evaluation of animals topic to the FMIA or PPIA which were modified or developed utilizing genetic engineering which will improve the animal’s susceptibility to pests or ailments of livestock, together with zoonotic ailments, or capacity to transmit the identical. The Food Safety and Inspection Service would conduct a pre-slaughter meals security evaluation to make sure that the slaughter and processing of sure animals modified or developed utilizing genetic engineering wouldn’t end in a product that’s adulterated or misbranded. Comments are due May 7, 2021.

Michael S. Regan Sworn In As EPA Administrator: On March 11, 2021, Michael S. Regan was sworn in as EPA Administrator. According to EPA’s March 11, 2021, press release, on his first day, Regan “committed to working closely with and supporting EPA’s dedicated career public servants, restoring the role of science and transparency, addressing climate change, and prioritizing environmental justice.” The press launch notes that Regan is the primary Black man and the second particular person of coloration to steer EPA. Regan started his profession at EPA, rising to the function of nationwide program supervisor liable for designing strategic options with trade and company stakeholders to cut back air air pollution, enhance power effectivity, and deal with local weather change. Prior to his nomination as EPA Administrator, Regan served because the Secretary of the North Carolina Department of Environmental Quality (DEQ). The press launch states that as Secretary, Regan “spearheaded the development and implementation of North Carolina’s seminal plan to address climate change and transition the state to a clean energy economy.” Under Regan’s management, DEQ secured the biggest coal ash clean-up in U.S. historical past and led complicated negotiations concerning the clean-up of the Cape Fear River, which had been contaminated for years by PFAS. In addition, Regan established North Carolina’s first-of-its-kind Environmental Justice and Equity Advisory board to align higher social inequities, environmental safety, and neighborhood empowerment.

EPA Announces Availability Of Systematic Review Protocol For The Inorganic Mercury Salts IRIS Assessment: EPA introduced on March 11, 2021, a 30-day public remark interval related to launch of the Systematic Review Protocol for the Inorganic Mercury Salts IRIS Assessment. 86 Fed. Reg. 13895. According to EPA, this doc communicates the rationale for conducting the evaluation of inorganic mercury salts, describes screening standards to establish related literature, outlines the method for evaluating examine high quality, and describes the strategies for dose-response evaluation. Comments are due April 12, 2021.

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