Nick Hanel

Jul 25, 2024 | lexology.com | Daniel Eisenberg |Nick Hanel |Jack Zietman

Largely out of public view, the U.S. Department of Energy (DOE) has been ramping up enforcement of its “backstop” efficiency standard and sales prohibition regarding general service lamps, including incandescent bulbs.

Feb 21, 2024 | lexology.com | Ryan J. Carra |Mark N. Duvall |Nick Hanel

The U.S. Environmental Protection Agency (EPA) has substantially raised its fees for most actions under the Toxic Substances Control Act (TSCA). In a final rule published on February 21, 2024, 89 Fed. Reg. 12961, EPA increased all the fees in 40 C.F.R. Part 700, Subpart C. The new fees take effect on April 22, 2024, and will apply through fiscal year 2026. EPA originally proposed a fee increase for fiscal years 2022-2024 in January 2021, which EPA then supplemented in a 2022 proposed rule.

Feb 6, 2024 | lexology.com | Alan Sachs |Nick Hanel

Key TakeawaysOn February 1, 2024, EPA released new guidance clarifying how the Agency would evaluate “absence of an ingredient” claims on pesticide product labels going forward. In a departure from longstanding EPA policy, the Agency may now accept “DEET-free,” “bleach-free,” and “phosphate-free” claims under specified circumstances. EPA explains how pesticide product registrants can comply with the new guidance and submit label amendment applications.

Jan 23, 2024 | lexology.com | Ryan J. Carra |Mark N. Duvall |David Weber |Nick Hanel

The Washington State Department of Ecology (Ecology) filed a petition on January 4, 2024, under the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) reduce allowances for inadvertently generated polychlorinated biphenyls (PCBs) in consumer products. Ecology’s petition asks EPA to initiate a rulemaking to phase-in “an eventual limit of zero” for inadvertently generated PCBs over a ten-year period.