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EPA Announces Excess Food Opportunities Map and Section 5 Notices

EPA Announces Section 5 Notices To Be Posted Without EPA Review -- Filers Should Be Extra Diligent About Proper CBI Redactions

On May 20, 2019, the U.S. Environmental Protection Agency (EPA) announced that on May 30, 2019, it will begin publishing Toxic Substances Control Act (TSCA) Section 5 notices, including premanufacture notices (PMN), microbial commercial activity notices (MCAN), and significant new use notices (SNUN), their attachments, including any health and safety studies, any modifications thereto, and all other associated information in ChemView -- in the form they are received by EPA, without review by EPA.  EPA states that it will not be reviewing confidential business information (CBI)-sanitized filings before publishing.  EPA states that this announcement will be the first of several reminders that EPA sends and, in addition, EPA has incorporated a reminder to check accompanying sanitized submissions as part of the Central Data Exchange (CDX) reporting module for TSCA Section 5 notices.
 
EPA’s announcement states the following as guidance for submitters to take heed of before submitting their TSCA Section 5 notices:

  1. Verify the asserted CBI claims are correct and consistent; and
     
  2. Verify the sanitized versions of the form, attachments, and file names are checked for proper and consistent CBI redactions and that watermarks or stamps indicating CBI are removed.

EPA Announces New Version Of An Interactive Excess Food Opportunities Map

On May 21, 2019, EPA announced a new version of a mapping tool designed to assist in the reduction of food waste by displaying facility-specific information about potential generators and recipients of excess food. According to EPA, the Excess Food Opportunities Map serves as an online “matching” service, linking, for example, owners of anaerobic digestion facilities with people looking to dispose of organic waste, including excess food. These anaerobic digestion facilities control organic decomposition in an oxygen-free, sealed tank to produce bioproducts and biosolids for on-site use or sale. This interactive map is part of EPA’s attempt to address the 133 billion pounds of wasted food in the U.S. through the diversion from landfills. It displays locations of potential excess food generators and recipients of excess food in industrial, commercial, and institutional sectors. The interactive and easy-to-use map was initially designed in 2014 by the Office of Research and Development’s (ORD) Regional Sustainability and Environmental Sciences Research Program (RESES). Since then, it was taken over by the Office of Land and Emergency Management (OLEM) and has evolved from a regional tool to a national one. The most recent version 2.0 includes 1.2 million potential excess food generators and identifies about 4,000 recipients.

©2019 Bergeson & Campbell, P.C.

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About this Author

Lynn Bergeson, Campbell PC, Toxic Substances Control Act Attorney, federal insecticide lawyer, industrial biotechnology legal counsel, Food Drug Administration law
Managing Partner

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy...

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