Blogs

On January 12, 2017, USDA released a report on the lifecycle greenhouse gas (GHG) balance of corn ethanol, titled “A Life-Cycle Analysis of the Greenhouse Gas Emissions of Corn-Based Ethanol.”  The study reviewed industry and farm sector performance over the past decade and found that in the United States corn-based ethanol generates 43 percent less GHG emissions than gasoline.  Compared to previous studies, the lifecycle GHG benefits were greater due to improvements in...

On January 13, 2017, the DOE Bioenergy Technologies Office (BETO), together with the U.S. Department of Agriculture (USDA) National Institute of Food and Agriculture (NIFA), announced the intent to issue a request for applications (RFA) titled “Fiscal Year 17 Biomass Research and Development Initiative (BRDI).”  Projects funded through BRDI must address one of the foll owing topic areas:   ?   Feedstocks development :  Research, development, and demonstration...

On January 10, 2017, the U.S. Energy Information Administration (EIA) released the Short-Term Energy Outlook (STEO) report, which includes forecasts for 2018.  The report outlines expectations for regular gasoline to average a retail price of $2.38 for 2017, with prices for the first quarter of 2017 to average $2.31.  The finalized RFS volumes that were announced on November 23, 2016, resulted in EIA forecasting that ethanol consumption will average about 940,000 barrels per day (b/d)...

The biofuels industry is likely to face increasingly challenging times during the tenures of the new 115 th Congress — which began on January 3 — and the Trump Administration, scheduled to begin this Friday, January 20.   Throughout his campaign for President, Trump repeatedly pledged his support for biofuels and the federal Renewable Fuel Standard (RFS). Indeed, it is this support that helped Trump win in key Midwestern battleground states, including Iowa. Despite this,...

On January 19, 2017, the U.S. Environmental Protection Agency (EPA), together with a host of other federal agencies, announced revisions via a final rule to modernize, strengthen, and make more effective the Federal Policy for the Protection of Human Subjects that was originally promulgated as a Common Rule in 1991.  82 Fed. Reg. 7151.  The Federal Register publication states that this final rule is intended to “better protect human subjects involved in research,...

John Howard, M.D., Director of the National Institute for Occupational Safety and Health (NIOSH), authored a January 10, 2017, NIOSH blog item entitled “Occupational Health Issues in the USA.”  Howard shares a recent editorial he wrote in Occupational Medicine, “Occupational health issues in the USA,” that highlights some of the occupational safety and health issues identified as needing attention by the industry sector groups of the National Occupational Research Agenda...

On November 23, 2016, the European Court of Justice (ECJ) issued two landmark judgments in Case C-673/13 P (Commission v Stichting Greenpeace Nederland and Pan Europe) and Case C-442/14 (Bayer CropScience and Stichting De Bijenstichting v College voor de toelating van gewasbeschermingsmiddelen en biociden). In Case C-673/13 P, the associations Stichting Greenpeace Nederland and Pesticide Action Network Europe (PAN Europe) submitted a request to the European Commission (EC)...

On January 13, 2017, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would establish a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use.  The process would not consider costs or other nonrisk factors.  Risk evaluation is the second step, after...

The Nano-Portal:  Safe Handling of Nanomaterials, the result of a project supported by the Deutsche Gesetzliche Unfallversicherung (DGUV) and developed by the Innovation Society, is now available in English.  The website is intended to extend knowledge about occupational safety and health in the fields of nanomaterials and nanotechnologies.  The Nano-Portal addresses: While the website is aimed at prevention and safety experts, it also addresses employees without specific...

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) released its Policy to Mitigate the Acute Risk to Bees from Pesticide Products (Mitigation Policy) which describes methods for addressing acute risks to bees from pesticides.  EPA states that this Mitigation Policy is “more flexible and practical than the proposed policy” that was issued on May 29, 2015, and it has “made modifications to its approach with the goal of better targeting compounds that pose an...

On January 11, 2017, the U.S. Environmental Protection Agency (EPA) announced it would be issuing a rule proposing to prohibit the manufacture (including import), processing, and distribution in commerce of trichloroethylene (TCE) for use in vapor degreasing; to prohibit commercial use of TCE in vapor degreasing; to require manufacturers, processors, and distributors, except for retailers of TCE for any use, to provide downstream notification of these prohibitions throughout the supply chain;...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a proposed rule in the January 17, 2017, Federal Register that would establish a risk-based screening process and criteria that EPA will use to identify chemical substances as either High-Priority Substances for risk evaluation, or Low-Priority Substances for which risk evaluations are not warranted at the time.  The pre-publication version of the proposed rule describes the processes for identifying potential...

The New York State Clean Heating Fuel Tax Credit has been extended through 2020.  The personal income tax credit, which was initially authorized in 2006, is provided to eligible taxpayers for biodiesel purchases used for residential space and water heating.  For each percent of biodiesel blended with conventional home heating oil, a tax credit of $0.01/gallon is available up to a maximum of $0.20/gallon.  A partial credit will be calculated for buildings with a shared...

On January 6, 2017, the U.S. Department of Energy (DOE) and USDA announced a $22.7 million funding opportunity to support integrated biorefinery (IBR) optimization, with DOE providing up to $19.8 million and USDA’s National Institute of Food and Agriculture (NIFA) providing up to $2.9 million .  To date, there are only a limited number of pioneer-scale commercial IBRs in the early stages of start-up and production, due to the technical and non-technical challenges associated with...

On December 28, 2016, the American Fuel & Petrochemical Manufacturers (AFPM) submitted a petition requesting that EPA waive the cellulosic biofuel volumetric requirements for the 2016 compliance year citing an inadequate domestic supply of the fuel.  Based on the amount of cellulosic fuel produced through November, AFPM estimated that between 173.8 and 190 million gallons will be produced in 2016, which is approximately 40 to 60 million gallons below the 230 million gallon target set...

On January 4, 2017, EPA issued a notice of intent to revoke Genscape’s ability to verify Renewable Identification Numbers (RIN) as a third party auditor under the Renewable Fuel Standard (RFS) Quality Assurance Program (QAP).  According to the notice, Genscape failed to meet all elements of its Quality Assurance Plan and verified approximately 68 million fraudulently-generated RINs.  To replace invalid RINs, Genscape is required to retire RINs within 60 days.  Obligated...

On January 4, 2017, the White House announced the release of the 2017 Update to the Coordinated Framework for the Regulation of Biotechnology. The 2017 Update provides a comprehensive summary of the roles and responsibilities of the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) with respect to regulating biotechnology products. Together with the National Strategy for Modernizing the Regulatory System for...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a proposed rule on January 13, 2017, that would require a retrospective electronic notification of chemical substances on the Toxic Substances Control Act (TSCA) Inventory that were manufactured (including imported) for non-exempt commercial purposes during the ten-year time period ending on June 21, 2016.  EPA would also accept such notices for chemical substances that were processed.  The recent TSCA amendments require...

The attorneys, scientists, policy experts, and regulatory advisors of Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) endeavor year-round to keep you informed on key developments as they happen, and prepared for looming changes and deadlines, to help you maintain compliance and competitive advantage as you market your products throughout the world. As the new year begins, we offer you this look back at the top stories of...

The National Nanotechnology Coordination Office (NNCO) periodically holds webinars to share information with the general public and the nanotechnology research and development community.  Upcoming webinars include the following:...