Developments in law and policy of energy, commodities and environment
On September 6, 2023, EPA held a webinar relating to pesticidal devices, focused on air cleaning devices. The webinar highlighted EPA’s expectations for data that manufacturers must have on file to substantiate efficacy claims for these devices. This provides important additional guidance to manufacturers regarding the types of testing EPA expects to be conducted.…
Continue Reading EPA Webinar Addresses Pesticidal Device Efficacy Data
The U.S. Environmental Protection Agency (“EPA”) recently made two announcements regarding antimicrobial pesticides. First, EPA released guidance regarding residual efficacy claims for antimicrobials applied to surfaces. Second, EPA announced that it has registered the first product approved to make claims to kill viruses in the air. EPA has also sought comment on strategies for improving indoor air quality to reduce disease transmission, which could involve the use of air sanitization products or pesticidal devices. This blog has previously highlighted these issues, including noting steps EPA could take to improve pesticide policy in the wake of the pandemic and the emerging focus on indoor air quality and its regulatory implications.
Taken together, EPA’s recent actions are significant and provide opportunities for companies to develop novel products that could have significant public health benefits. But they also highlight that significant uncertainty remains in this area, which presents risks that companies must carefully navigate to ensure regulatory compliance.…
The easing of the coronavirus pandemic in the United States, with 67.7% of adults having at least one vaccine shot, provides the Biden Administration’s EPA with a unique opportunity to take stock of its pandemic response and consider any potential policy improvements that could be made. This post focuses on two particular issues: (1)…
EPA on March 31 provided a formal relaxation of certain FIFRA requirements for pesticides listed on EPA’s “List N” of products expected to be effective against the coronavirus. This temporary policy relaxes requirements to receive EPA approval of changes in sources of certain common active ingredients—such as ethanol, hydrogen peroxide, and citric acid—in response to “reports of supply chain disruptions by pesticide registrants who manufacture disinfectant products on EPA’s List N.”…
Continue Reading EPA Provides Flexibilities to Manufacturers of “List N” Disinfectants for Use Against Coronavirus
EPA on March 26 released a guidance document explaining its approach to enforcement actions in light of the COVID-19 pandemic. While most aspects of that document explain areas in which EPA exercising enforcement discretion to provide flexibility to regulated parties in response to the pandemic, EPA is not taking that approach with respect to antimicrobial pesticide products, including disinfectants. To the contrary, EPA made clear that it is “especially concerned about pesticide products entering the United States, or produced, manufactured, distributed in the United States, that claim to address COVID-19 impacts. The agency expects to focus on ensuring compliance with requirements applicable to these products to ensure protection of public health.”…
Continue Reading EPA Is “Especially Concerned” About FIFRA Noncompliance in Light of COVID-19 Pandemic
