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With 12 Months’ Notice, EPA Bringing Temporary Disinfectant Supply Chain Flexibilities to a Close

Key Takeaways - • What happened: EPA announced that it will retract the temporary amendments to Pesticide Registration (“PR”) Notice 98-10, originally issued by EPA in March 2020. These amendments were intended to provide...more

Biden Reverses Trump Energy Efficiency Moves for General Service Lamps

Key Takeaways: • What Happened: DOE issued a Notice of Proposed Rulemaking to adopt revised definitions of general service lamps and general service incandescent lamps, which would impose strict energy efficiency standards...more

Congress and Biden Administration Move to Support Climate Solutions in Agriculture

Congress and the Biden Administration recently have taken substantial steps toward facilitating land-based solutions to global climate change, including measures specifically focused on agriculture. These actions would...more

EPA Ends Priority Review of Surface Disinfectant Products, Shifts Resources Back to Standard FIFRA Registration Processes

Key Takeaways: • What Happened: Citing recently revised CDC guidance suggesting that the risk of surface transmission of the SARS-CoV-2 virus is “generally considered to be low,” EPA announced that it is no longer...more

EPA Ordered to Revise TSCA CDR Rule for Asbestos

A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the...more

EPA Announces One of Its Largest-Ever FIFRA Civil Settlements

Key Takeaways: What Happened: EPA settled with Electrolux for nearly $7 million in connection with the import of household appliances with antimicrobial-treated air filters that were not registered under the federal...more

EPA Announces First-Ever Approval Pathways for “Long-Lasting” Anti-Viral Disinfectants, Coatings, and Surfaces

Key Takeaways: • What Happened: EPA announced a new and expedited review process for surface disinfectant products with residual anti-viral efficacy claims of up to 24 hours, as well as a new category of “supplemental”...more

Urgent Deadline for Substantiating Inventory Reset Chemical Identity Confidentiality Claims

Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more

Carbon Markets Roundup - September 2020

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

Carbon Markets Roundup - September 2021

B&D’s Carbon Markets Roundup covers domestic and international developments related to carbon pricing and related regulatory programs aimed at regulating or reducing greenhouse gas (GHG) emissions. Despite—or perhaps because...more

EPA Proposes to Allow Certain Uses of Biotechnology in Development of Plant-Incorporated Protectants

Key Takeaways - What Happened: EPA proposed to exempt certain biotechnology-derived plant-incorporated protectants (PIPs) from FIFRA registration and FFDCA tolerance requirements....more

Recent and Forthcoming Environmental Rules and Guidance Could Be Reversed Under Congressional Review Act: Three Steps for...

If Joe Biden is elected President, and the Democrats win control of both the House and Senate, the new Administration could potentially use the Congressional Review Act (“CRA” or “Act”) to reverse recent and still-to-come...more

In Agency First, EPA Allows Limited Use of Antiviral Disinfectant with Long-Lasting Efficacy Claims

Key Takeaways: What Happened: EPA issued a FIFRA Section 18 emergency exemption to the state of Texas to allow certain limited uses of a surface coating with long-lasting disinfectant properties....more

USDA Proposes Overhaul of Organic Program Certification and Enforcement Rules

Key Takeaways: What Happened: On August 5, 2020, USDA proposed a significant expansion of certification and recordkeeping requirements and enforcement activities under the National Organic Program....more

USDA Issues Guidance to Facilitate Compliance with Bioengineered Food Disclosure Standard

Key Takeaways: What Happened: USDA published guidance describing two pathways for regulated parties to demonstrate that a product is exempt from federal bioengineered food labeling requirements....more

Growing Climate Solutions Act Introduced with Broad Bipartisan Support

Late last week, a bipartisan group of U.S. Senators introduced the Growing Climate Solutions Act, aimed at increasing and encouraging nature-based greenhouse gas (GHG) reductions in the agriculture and forestry sectors....more

FDA Updates Policies to Increase Supply of Ethanol Available for Use in Hand Sanitizers

Key Takeaways: • What Happened: FDA updated its temporary hand sanitizer production policies to permit use of fuel- or technical-grade ethanol that contains certain impurities up to given limits. • Who’s Impacted:...more

EPA Warns Against False or Misleading Antiviral Claims, Highlights Enforcement

Key Takeaways: • What Happened: In a new Compliance Advisory, EPA emphasized that pesticides and pesticide devices may not make false or misleading claims to be effective against the novel coronavirus, and warned of...more

Department of Energy Requests Public Input on Energy Conservation Standards for External Power Supplies

The U.S. Department of Energy (DOE) published on May 20 a request for information (RFI) pertaining to potential revisions to the current energy conservation standards for External Power Supplies (EPS). DOE is required to...more

EPA Provides Flexibility to Manufacturers of Isopropyl Alcohol-Based Disinfectants and Sanitizers

Manufacturers of certain disinfectants and food-contact surface sanitizers containing isopropyl alcohol (IPA) will now be able to use unregistered sources of that active ingredient and may change such sources by notification...more

EPA Expedites Data Review for Disinfectant Products that May Be Effective Against the Novel Coronavirus

Key Takeaways: • What Happened: EPA announced an expansion of its expedited review process to now include new antimicrobial pesticide product applications and amendments requiring data review. • Who’s Impacted:...more

Ten Tips for Disinfectant Producers and Distributors During the COVID-19 Pandemic

During the COVID-19 pandemic, governments have recognized an urgent need to ensure effective surface disinfectants, hand sanitizers, and other products that can be used against SARS-CoV-2 are available to the public. While...more

EPA Continues to Expand Efforts to Ease the Production of Disinfectants Approved for Use Against the Novel Coronavirus

Citing continued reports of supply chain disruptions by manufacturers of registered disinfectant products approved for use against the novel coronavirus, the U.S. Environmental Protection Agency (“EPA”) announced on April 14,...more

EPA Highlights Enforcement Against Disinfectant Products Making Fraudulent Coronavirus Claims

Key Takeaways: What Happened: On an April 3, 2020 call with retailers and marketplace platforms, EPA identified enforcement against sales of unregistered or fraudulent disinfectant products as a high priority during the...more

FDA Policy Provides Enforcement Relief Regarding Certain Medical Devices Due to Pandemic

Key Takeaways: • What Happened: FDA announced temporary relief from certain premarket regulatory requirements pertaining to certain new or modified medical devices intended for use against the novel coronavirus....more

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