According to an item in the Spring 2016 Regulatory Agenda, the U.S. Environmental Protection Agency (EPA) is “developing a final rule related to” its April 6, 2015, proposal to require reporting and recordkeeping requirements under Section 8(a) of the Toxic Substances Control Act (TSCA) for certain chemical substances when they are manufactured or processed at the nanoscale. EPA proposed to require persons that manufacture, import, or process, or intend to manufacture, import, or process...
On May 16, 2016, the U.S. Environmental Protection Agency (EPA) promulgated, through a direct final rule, significant new use rules (SNUR) for 55 chemical substances that were the subject of premanufacture notices (PMN), including functionalized carbon nanotubes (CNT) (generic). EPA states that it determined that any use of the functionalized CNTs without the use of impervious gloves, where there is potential for dermal exposure; manufacturing the PMN substance for use other than as a thin...
On May 11, 2016, the U.S. Environmental Protection Agency’s (EPA) Office of Compliance (OC) and Office of Pesticide Programs (OPP) issued a memorandum to its regional Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Division Directors and Branch Chiefs to establish a joint position of OC and OPP “for how regions should respond to requests for EPA-issued Certificates of Establishment (COEs) and Certificates of Origin (COOs).” OC and OPP state that the need for a joint...
May 13, 2016
European Commission Gives Portugal Two Months To Address Issues With Biofuel Law Compliance
On April 28, 2016, the European Commission (EC) encouraged Portugal to become fully compliant with the Renewable Energy Directive (Directive) through the release of an April infringements fact sheet. The Directive has set the goal of 20 percent of the European Union's (EU) 2020 energy consumption coming from renewable energy, with each Member State consuming at least ten percent renewable energy. Biofuels used in reaching this goal must meet a set of harmonized sustainability requirements,...
May 13, 2016
USDA Convenes Public Meeting Of The Advisory Committee On Biotechnology And 21st Century Agricultur
On May 9, 2016, USDA announced a public meeting of the Advisory Committee on Biotechnology and 21st Century Agriculture (AC21). AC21 was created to provide the USDA Secretary with information on agriculture biotechnology issues, including the long-term impacts of biotechnology on the U.S. food and agriculture system, and to provide guidance on immediate issues. The AC21 meeting will consider the analysis of the new AC21 charge created by the three ad hoc subgroups; discuss a...
May 13, 2016
DOE Announces Project Development For Pilot And Demonstration Scale Manufacturing Of Biofuels, Bio
On May 6, 2016, DOE announced the $90 million Project Development for Pilot and Demonstration Scale Manufacturing of Biofuels, Bioproducts, and Biopower. As previously reported by BRAG, this funding opportunity is intended to support the construction of bioenergy infrastructure that utilizes advanced pretreatment, process, and convergence technologies. "The domestic bio-industry could play an important part in the growing clean energy economy and in reducing American dependence on imported...
May 13, 2016
Biomass Research And Development Initiative Provides Seven Projects With Up To $10 Million In Fundi
On May 9, 2016, the U.S. Department of Energy (DOE), the U.S. Department of Agriculture (USDA), and the National Institute of Food and Agriculture (NIFA) announced the recipients of up to $10 million in funding through the Biomass Research and Development Initiative (BRDI). BRDI is a joint program through DOE and USDA that helps develop sustainable sources of biomass and increase the availability of biobased fuels and products. DOE selected two of the grant winners...
May 11, 2016
EPA OPP Director Announces Selection of Anna Lowit for the Senior Science Advisor Position
On May 9, 2016, Jack Housenger, Director of the U.S. Environmental Protection Agency’s Office of Pesticide Programs (OPP), announced the selection of Anna Lowit for the Senior Science Advisor Position in OPP’s Immediate Office. Lowit has been a toxicologist in OPP’s Health Effects Division since 1998. Housenger’s announcement of Lowit’s selection notes that she has “provided expert technical advice and guidance to senior management on issues related to toxicity testing, human...
On April 29, 2016, Australia’s National Industrial Chemicals Notification and Assessment Scheme (NICNAS) published the third consultation paper on its reform initiative. Under the reforms, the requirements to establish that a new chemical can be classified as being not hazardous to human health or the environment, and therefore falls in Hazard Band A, include consideration of several factors, including whether the chemical is a nanomaterial. The consultation paper states that the risk...
On April 19, 2016, the European Union (EU) NanoSafety Cluster announced the availability of the “Closer to the Market” Roadmap (CTTM). The NanoSafety Cluster states that the CTTM is a “multi-dimensional, stepwise plan targeting a framework to deliver safe nano-enabled products to the market.” The steps include: (1) building an inclusive collaboration network; (2) bringing together scientific and entrepreneurial experts; (3) strengthening dialog of all stakeholders to raise...
On April 28, 2016, Neste Renewable, a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced that its renewable isoalkane would be used in Avantherm's renewable Heat Transfer Media products. Avantherm will be using the isoalkane to produce new sustainable and high-performance renewable products, including a coolant that can replace glycol. Neste Renewable Isoalkane is chemically comparable to traditional isoalkane, but preforms better and has a lower environmental...
On April 27, 2016, the Iowa Senate voted 49-0 to extend the Renewable Fuels Infrastructure Program (RFIP) through June 30, 2017. The legislation, House File 2464, was passed by the Iowa House 94-0 and provides funding for cost-share grants to upgrade fueling infrastructure. RFIP covers up to 70 percent of the installation cost of E15, E85, or biodiesel blend fuel pumps for Iowa retailers, up to $50,000 per project. "While we were hopeful for a...
On May 11, 2016, the National Nanotechnology Coordination Office (NNCO) will hold a webinar for small- and medium-sized enterprises (SME) that will focus on the experiences, successes, and challenges for SMEs working in nanotechnology and on issues of interest to the business community. The National Science Foundation’s Center for High-rate Nanomanufacturing, at Northeastern University’s College of Engineering in Boston, will host the webinar. Speakers include: The...
On May 3, 2016, the U.S. Environmental Protection Agency (EPA) issued a final rule that amends current pesticide tolerance crop grouping (Crop Group) regulations. Crop groupings allow petitioners to request a tolerance for multiple related commodities based on research data for one or more representative crops. This final rule is the fourth amendment in a series of planned Crop Group updates begun in December 2007 through collaboration by the U.S. Department of Agriculture’s...
On April 26, 2016, a group of non-governmental organizations (NGO), consumer groups, and research organizations issued a press release expressing “disappointment with the European Commission’s [(EC)] continuing failure to propose adequate measures for the collection and publication of information about nanomaterials on the [European Union (EU)] market after a Commission meeting with stakeholders in Brussels on Monday.” The press release criticizes the EC for deciding against an...
The European Commission’s (EC) Scientific Committee on Occupational Exposure Limits (SCOEL) met on March 7-9, 2016. The meeting minutes include the following summary regarding SCOEL’s discussion of nanomaterials: Several chemical agents proposed or envisaged to be addressed by SCOEL do concern or also concern the form as nanomaterial. SCOEL identified a group of scientists to organise a workshop or expert meeting in order to prepare for dealing with the subject in specific and take...
On April 25, 2016, the U.S. Environmental Protection Agency’s (EPA) Administrative Law Judge (ALJ) Susan L. Biro issued an order denying Petitioners Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI or Petitioners) motion for accelerated decision and deciding that the abbreviated Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 6(e) cancellation hearing, rather than the full Section 6(b) process, was appropriate (Order). This decision is significant...
April 29, 2016
U.S. EPA OIG to Review EPA’s Inspections and Enforcement Actions Related to Illegal Pesticide Imports
In an April 22 memorandum, the Office of Inspector General (OIG) for the U.S. Environmental Protection Agency (EPA) announced its intent to begin preliminary research to assess the EPA’s inspections of, and enforcement against, illegal pesticide imports. OIG states that its objective with this project is to “determine whether the EPA’s Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) import inspection program is effectively deterring, identifying and confiscating illegal...
Bergeson & Campbell, P.C. (B&C®) is pleased to offer a complimentary webinar that will include a review of the Chemical Data Reporting (CDR) rule elements, a highlight of changes that will come into play for 2016, and some helpful hints on how to get prepared. Kathleen M. Roberts, Senior Regulatory Consultant at B&C; and Executive Director of the Biobased and Renewable Products Advocacy Group (BRAG®), and Richard E. Engler, Ph.D., Senior Chemist at B&C, will...
On April 22, 2016, EPA published Amendments Related to: Tier 3 Motor Vehicle Emission and Fuel Standards as a final rule in the Federal Register. This final action amends the RFS Quality Assurance Program (QAP) rule to exempt downstream end users of renewable fuels from product transfer document (PTD) requirements. EPA originally added the PTD requirements to the QAP rule, requiring parties taking ownership of renewable fuel to use the fuel for transportation — parties...