The U.S. Environmental Protection Agency (EPA) announced on July 15, 2019, that it will cease sending notices of deficiency to businesses that submit procedurally flawed confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). This is a significant change from the interpretation EPA announced in January 2017, and a company’s failure to appreciate its consequences could prove damaging. Effective August 15, 2019, EPA will provide written notice to...
On June 14, 2019, the U.S. Environmental Protection Agency (EPA) announced that on May 24, 2019, EPA received manufacturer requests for EPA to conduct risk evaluations of diisodecyl phthalate (DIDP) from ExxonMobil Chemical Company and diisononyl phthalate (DINP) from ExxonMobil Chemical Company, Evonik Corporation, and Teknor Apex, both through the American Chemistry Council’s High Phthalates Panel. EPA states that both DIDP and DINP belong to a family of chemicals commonly referred to...
June 14, 2019
FPS Publishes “Clean Growth Future Vision”
By Lynn L. Bergeson On May 31, 2019, the Federation of Petroleum Suppliers (FPS) launched Clean Growth Future Vision, a document outlining FPS’ vision for cutting carbon through the development of biofuels. FPS is a trade association for the liquid fuels distribution industry and ancillary interests in the United Kingdom (UK) and the Republic of Ireland. FPS urges the government to be technology neutral and to consider options other than electrification. Guy Pulham, FPS’ Chief...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. Recently, the State of New Jersey released its draft 2019 Environmental Management Plan (EMP), which aims to achieve 100 percent carbon neutral electricity generation and maximum transition to electrification of the building and transportation sectors by 2050. In addition to these goals, New Jersey also intends to reduce GHG emissions to meet the New Jersey Global Warming Response Act (GWRA) GHG limits. GWRA’s 2050 target requires...
By Lynn L. Bergeson On June 7, 2019, DOE’s Energy Efficiency and Renewable Energy (EERE) Office published in the Federal Register a notice requesting the nomination for candidates to fill vacancies on the Biomass Research and Development (R&D) Technical Advisory Committee. Nominations are being accepted until June 30, 2019, and require the nominee’s name, resume, biography, and any letters of support available. The Committee advises DOE and USDA points of contact with respect to...
By Lynn L. Bergeson On June 3, 2019, the U.S. Government Accountability Office (GAO) released a report to the U.S. Senate on the Renewable Fuel Standard’s (RFS) program effects on gas prices and greenhouse gas (GHG) emissions. Titled Renewable Fuel Standard: Information on Likely Program Effects on Gasoline Prices and Greenhouse Gas Emissions, the report suggests that increases in gas prices outside of the Midwest (which have now diminished) were associated with the nationwide RFS,...
June 14, 2019
Members Of Congress Submit Letter On Biofuel Tax Credits To Speaker Of The House And Chair Of The Ho
By Lynn L. Bergeson On June 3, 2019, 19 members of Congress submitted a letter to U.S. Speaker of the House, Nancy Pelosi (D-CA), and Chair of the House Committee on Ways & Means, Richard Neal (D-MA), addressing the expired Second-Generation Biofuel Producer Tax Credit, the Special Depreciation Allowance for Second-Generation Biofuel Plant Property, and the Alternative Fuel Vehicle Refueling Property Credits. Urging Congress to take action on the extension of these tax credits, the...
June 14, 2019
EPA Presents The Green Chemistry Challenge Awards
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On June 10, 2019, the U.S. Environmental Protection Agency (EPA) hosted the Green Chemistry Challenge Awards Ceremony, where four awards were given to academics, scientists, and business innovators across the industry sector. Promoting environmental and economic benefits of developments in green chemistry, EPA, in partnership with the American Chemical Society (ACS) Green Chemistry Institute granted four awards. Congratulated by EPA Assistant...
By Lynn L. Bergeson On June 5, 2019, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced the Conversion-Ready Feedstock Webinar Series. These webinars will be primarily educational to showcase research strategies that enable biomass feedstock management variability and supply chain improvements in biomass quality and consistency. Two webinar sessions will be part of this series. The first webinar was held on June 13, 2019, and the second webinar will be held...
June 14, 2019
APHIS Proposes Revised Regulatory Framework Regarding The Movement Of Certain Genetically Engineered
By Lynn L. Bergeson The U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a proposed rule on June 6, 2019, on the movement of certain genetically engineered (GE) organisms. 84 Fed. Reg. 26514. The proposed rule would revise the regulations regarding the movement, including the importation, interstate movement, and environmental release of certain GE organisms in response to advances in genetic engineering and APHIS’...
June 12, 2019
Austrian Academy of Sciences Publishes NanoTrust Dossier on the Safe-By-Design Concept
The Institute of Technology Assessment of the Austrian Academy of Sciences has published a NanoTrust Dossier entitled “Safe-by-Design — The Early Integration of Safety Aspects in Innovation Processes.” The Dossier presents an overview of the concepts behind the idea of integrating health or environmental safety considerations in the design of materials, products, or processes, focusing on the nano-specific Safe-by-Design (SbD) concept. SbD aims to take account of safety issues early on...
The European Commission (EC) published on June 11, 2019, a call for data on the following ingredients used in cosmetic products: gold (nano); colloidal gold (nano); platinum (nano); colloidal platinum (nano); copper (nano); and colloidal copper (nano). The EC states that it has concerns about the use of nano forms of gold, colloidal gold, platinum, colloidal platinum, copper, and colloidal copper “because of the potential of nanoparticles to enter cells through dermal...
On May 31, 2019, Health Canada’s Pest Management Regulatory Agency (PMRA) issued its Proposed Re-evaluation Decision PRVD2019-05, Chlorpyrifos and Its Associated End-use Products: Updated Environmental Risk Assessment (Updated Environmental Risk Assessment). PMRA states that this re-evaluation “considers data and information from pesticide manufacturers, published scientific reports, and other regulatory agencies” and that “Health Canada applies internationally accepted...
June 11, 2019
Appellate Court Rejects Novel Application of the False Claims Act to TSCA Reporting Requirements
On July 5, 2019, the U.S. Court of Appeals for the District of Columbia Circuit rejected an “invitation” to recognize liability under the False Claims Act (FCA) based on a company’s failure to meet a Toxic Substances Control Act (TSCA) reporting requirement and failure to pay an unassessed TSCA penalty. Kasowitz Benson Torres LLP v. BASF Corp. (No. 1:16-cv-02269). The court states that the FCA imposes civil liability on anyone who defrauds the federal government of...
June 7, 2019
Ninth Circuit Makes Determination on Scope of Review of EPA Order on Enlist Duo; Requests Briefing
On May 30, 2019, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an order in National Family Farm Coalition v. EPA, No. 17-70810 (filed Mar. 21, 2017) regarding the scope of its review of a petition challenging a 2017 U.S. Environmental Protection Agency (EPA) Notice of Pesticide Registration. This 2017 order addresses Dow AgroSciences LLC’s Enlist Duo product. The Petitioners include the National Family Farm Coalition and the Natural Resources Defense...
June 7, 2019
Brazil Holds Auction For Projects In Sustainability
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On May 31, 2019, the Brazilian government’s Ministry of Energy’s Empresa de Pesquisa Energética (EPE — Energy Research Company) held an auction for the supply of sustainable energy and biofuel sources for the State of Roraima’s capital, Boa Vista, and its neighboring areas. A federal energy company, EPE provides the Ministry of Energy with R&D services designed for subsidies of the energy sector, covering...
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. The African Agricultural Technology Foundation (AATF) has negotiated with patent holders to make genetically modified (GM) seeds available at the right time, price, and place to international and African-based technology owners. A business model provided by AATF and its partners, this initiative, called Seeds2B Project (Seeds2B), enables these business owners with the appropriate technologies to license their products to seed companies in...
By Lynn L. Bergeson On June 2, 2019, the International Air Transport Association (IATA) announced the approval, by the IATA 75th Annual General Meeting (AGM), of the United Nations’ (UN) International Civil Aviation Organization (ICAO) resolution, which calls governments to continue work on the implementation of the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA). The first global carbon pricing instrument for an industry sector, CORSIA will cap carbon dioxide...
By Lynn L. Bergeson Two food-producing companies have jointly launched an initiative to drive the adoption of products and services on-farm at scale to increase sustainability on Earth. The initiative invites companies and entrepreneurs with new and emerging on-farm sustainability products and services, focused on greenhouse gases (GHG) reduction, to submit solutions to the leading companies’ experts. In August 2019, participants will be selected to present their solutions to an audience...
June 7, 2019
DOE Announces Funding Opportunity For Geothermal R&D
By Lynn L. Bergeson On June 3, 2019, DOE announced a joint Call for Proposals for an opportunity to win $2 million in available funding for the advancement of geothermal research and development (R&D) through a partnership with more than 12 European countries. DOE is a member of a transnational consortium called GEOTHERMICA, which combines financial resources and research expertise to demonstrate and validate new concepts in geothermal energy use. The U.S. geothermal community will...