Blogs

By Lynn L. Bergeson On December 21, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service announced a final rule on the National Bioengineered (BE) Food Disclosure Standard (NBFDS).  The rule, which will be effective on February 19, 2019, and implemented on January 1, 2020, established the new mandatory NBFDS addressing genetically modified (GM) labeling. Food manufacturers, importers, and other entities that label foods for retail will be obligated to disclose...

By Lynn L. Bergeson On December 20, 2018, DOE announced the release of the latest Direct Current podcast episode. The podcast covers the potential existing in waste-to-energy technologies and how DOE scientists are working towards transforming waste into useful energy. The podcast delves into the science of making bioenergy from various waste products, including kitchen grease, raw sewage, algae, and coffee grounds....

By Lynn L. Bergeson On December 17, 2018, the University of California San Diego (UCSD) announced that a team of biologists and chemists has received $2 million in funding from DOE. These funds are to be used in the development of platforms to produce biobased monomers, which will be used in the manufacture of renewable and biodegradable plastic polymers called polyurethanes. The funded research will also involve improved tools for accelerated algal production systems. UCSD...

By Lynn L. Bergeson On December 18, 2018, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that new funding is available for Small Business Innovation (SBI) research and technology transfer. The announcement states that EERE expects to fund more than 100 new projects, which will total approximately $20 million. Nine EERE technology offices will fund the proposals submitted, including three joint office topics: Advanced Manufacturing with Fuel...

On December 28, 2018, the California Department of Pesticide Regulation (DPR) issued Notice 2018-26 changing its Notice of Decision (NOD) and public report documentation for proposed registration decisions to ensure continued compliance with its certified regulatory program obligations under the California Environmental Quality Act (CEQA).  The new changes to the NODs and public report documentation will be effective May 1, 2019. These changes are as a result of a 2014...

In the last hours of the 115th Congress, the Senate on January 2, 2019, approved the nominations of three individuals to serve in key environmental posts: ...

As the U.S. Environmental Protection Agency (EPA) is currently closed due to the lapse in appropriations, EPA has ceased all work reviewing new and existing chemicals under the Toxic Substances Control Act (TSCA).  Regarding new chemicals, although the Central Data Exchange (CDX) may still accept submissions, EPA will not process any information submitted via CDX until EPA reopens and it is not clear how EPA will set “Day 1” for TSCA Section 5 notices submitted during...

Due to the government shutdown and to the late notification to applicants, the U.S. Environmental Protection Agency (EPA) has extended the annual maintenance fee submission date for pesticide registrants from January 15, 2019, to February 15, 2019.  Under Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A), each registrant of a pesticide must pay an annual fee by January 15 of each year for each registration; the fee for 2019 is $ 3,392.  The...

On January 31, 2019, the U.S. Environmental Protection Agency (EPA) was petitioned by the Attorneys General of 14 states (Massachusetts, Pennsylvania, California, Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, and Washington) and the District of Columbia under Toxic Substances Control Act (TSCA) Section 21(a) to issue an asbestos reporting rule to require reporting under TSCA Section 8(a) of information necessary for EPA to...

On December 31, 2018, the U.S. Environmental Protection Agency (EPA), even though they had already shut down due to funding issues, announced that if the government shutdown continues through 5:00 p.m. (EST) January 4, 2019, the Toxic Substances Control Act (TSCA) Science Advisory Committee on Chemicals’ (SACC) January 8, 2019, Preparatory Virtual Meeting for the January 29 through February 1, 2019, meeting on Colour Index (C.I.) Pigment Violet 29 will be cancelled, and...

Although the Office of Pesticide Programs (OPP) was able to operate through December 28, 2018, despite the current partial federal government shutdown, EPA will now join other parts of the federal service and shut down. Meanwhile, the Pesticide Registration Improvement Extension Act (PRIA 3) sunset on December 21, 2018, in the absence of a Continuing Resolution (CR) and the onset of the shutdown.  According to Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 33(m)(2)(B)...

On December 19, 2018, the Senate passed a short-term Continuing Resolution (CR) to prevent a government shutdown and continue funding for the government through February 8, 2019.  Currently, however, given the uncertainty over border wall funding, it appears likely that there may well be a government shutdown for some period of time.  Until the immigration issue is ultimately resolved in an eventual agreement, however, the majority and Democratic staff of the U.S. House of...

By Lynn L. Bergeson On December 17, 2018, DOE issued the Fiscal Year (FY) 2019 Phase I Release 2 Funding Opportunity Announcement (FOA) for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) Programs. Encouraging qualified small businesses with strong research capabilities in science or engineering, the following DOE program offices are offering funding opportunities: Office of Cybersecurity, Energy Security, and Emergency Response; Office of Defense...

By Lynn L. Bergeson On December 14, 2018, the U.S. Department of Energy (DOE) Bioenergy Technologies Office (BETO) announced a request for information (RFI) on algae, biomass, and waste feedstocks that can be used in the production of biofuels, bioproducts, and biopower. DOE BETO’s request seeks information from industry, academia, national laboratories, government agencies, and other stakeholders. Specifically, information is requested on outdoor algae research, biomass characteristics...

By Lynn L. Bergeson On December 6, 2018, U.S. Senator Charles E. Schumer (D-NY) wrote a letter to President Donald Trump requesting that, in 2019, any infrastructure package to be considered include a focus on the clean energy economy to address climate change. Emphasizing that climate change is, in fact, real and caused by humans, Senator Schumer refers to the Administration’s recent National Climate Assessment report and the drastic need to reduce emissions. In the...

The National Institute for Occupational Safety and Health (NIOSH) has posted the transcript for the October 30, 2018, webinar on its revised draft document entitled Current Intelligence Bulletin:  Health Effects of Occupational Exposure to Silver Nanomaterials.  As reported in our September 19, 2018, blog item, the revised draft Current Intelligence Bulletin (CIB) provides an updated scientific literature review of information pertaining to occupational exposure to silver nanomaterials....

On December 18, 2018, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) issued an order granting in part respondent U.S. Environmental Protection Agency’s (EPA) motion for partial voluntary remand of certain provisions of its final rule on Procedures for Chemicals Risk Evaluation under the Toxic Substances Control Act (TSCA).  Specifically, EPA’s motion for partial voluntary remand, filed August 6, 2018, sought remand with vacatur of 40 C.F.R. Section 702.31(d) (Penalty...

In December 2018, the International Standardization Organization (ISO) published standard SO/TS 16195:2018, “Nanotechnologies — Specification for developing representative test materials consisting of nano-objects in dry powder form.”  The standard specifies development of representative test materials consisting of nano-objects in dry powder form to enable test method development and improve comparability of data for nanotechnology applications.  The standard specifies that for...

On December 12, 2018, the U.S. Environmental Protection Agency (EPA) announced a proposed joint stipulation and proposed stipulated notice of dismissal for Ellis v. Keigwin, No. 3:13-CV-1266 (N.D. Cal).  83 Fed. Reg. 63865.  The Federal Register notice states that the parties are “proposing to reach a settlement in the form of a joint stipulation” that would, among other provisions “set a June 30, 2022, deadline for EPA to complete ESA [Endangered...

By Lynn L. Bergeson On December 5, 2018, the Government of British Columbia, Canada, released CleanBC, a climate plan outlining the province’s path to a cleaner, more sustainable future. The plan includes implementation activities on how to make energy use more efficiently and prevent waste through cleaner technologies. Highlighting increases in funds for renovations and energy retrofits, the plan also states that by 2032, every new building constructed in the province will be...