Blogs

On March 1, 2015, the U.S. Environmental Protection Agency (EPA) released the 11th Annual Report on EPA’s implementation of the Pesticide Registration Improvement Extension Act (PRIA 3) that is required under Section 33(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This annual report details changes in processes, practices, and policies for Fiscal Year (FY) 2014 that ran from October 1, 2013, through September 30, 2014. The report is divided into different...

The U.S. Environmental Protection Agency (EPA) issued an updated schedule for the Pesticide Registration Review program that sets forth a timetable for opening dockets for the next three years, through end of fiscal year 2017 (September 2017). Through the Pesticide Registration Review program, EPA reviews all registered pesticides at least every 15 years, as mandated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Following the newly issued schedule, all...

On February 24, 2015, the Australian Renewable Energy Agency (ARENA) announced $5.2 million in funding that would go to the design and construction of a pilot scale biofuel production facility in Perth. The company in charge of creating the facility is Renergi, a startup established in 2012 with the goal of commercializing a suite of energy technologies that were developed in Curtin University’s Fuels and Energy Technology Institute. The production facility will contain a 100...

On February 25, 2015, the U.S. Department of Energy (DOE) announced the third round of Strategic Technical Assistance Response Team (START) Renewable Energy Project Development Assistance that provides tribal governments and entities with support to produce clean and renewable energy. The START program was launched in December 2011 and has helped 21 tribal communities advance solar, wind, biofuels, and energy efficiency projects. The program is open to Indian Tribes, Alaska Native regional...

On February 26, 2015, the Oregon State Senate passed Senate Bill 324 (SB 324), a measure that would require fuel producers to reduce the amount of carbon in car and truck fuels. If passed by the Oregon House of Representatives, SB 324 will implement a low-carbon standard in the state of Oregon. The measure is modeled on California’s fuel standard, and would require fuel importers to cut the carbon in fuels by 10 percent from...

On February 25, 2015, the U.S. House of Representatives’ Committee on Energy and Commerce’s Subcommittees on Energy and Power and Environment and the Economy held a joint hearing on “The Fiscal Year 2016 EPA Budget.” During the hearing, both supporters and opponents of the federal Renewable Fuel Standard (RFS) criticized U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on the Agency’s implementation of the program. RFS supporters pointed out...

USDA’s National Institute of Food and Agriculture’s Biomass Research and Development Initiative (BRDI) is accepting research and education grant applications for projects to integrate science and engineering research in: (1) feedstock development; (2) biofuels and biobased products development; or (3) biofuels development analysis. A description of the solicitation, eligibility requirements, and application instructions for the BRDI program can be found at www.grants.gov under...

Last week, the U.S. Department of Agriculture (USDA) issued a final rule amending the Biomass Crop Assistance Program (BCAP) to implement changes required by the 2014 Farm Bill. BCAP provides financial assistance to owners and operators engaged in biomass crops, including collection, harvest, storage, and transportation. The final rule does not alter the scope of the BCAP but does reduce the payment rate per ton for eligible materials and limits the cost share per acre....

Environment Canada and Health Canada have released a February 2015 consultation document entitled Proposed Approach to Address Nanoscale Forms of Substances on the Domestic Substances List.  Environment Canada and Health Canada propose a stepwise approach to address nanoscale forms of substances on the Domestic Substances List (DSL): The proposed criteria for defining existing nanomaterials include, but are not limited to: Proposed criteria for substances to be excluded, unless they...

REMINDER Border Security: EPA’s Increased FIFRA Import Enforcement InitiativeMarch 12, 20152:00 p.m. – 3:00 p.m. (EDT)Register online Bergeson & Campbell, P.C. (B&C®) is pleased to host a complimentary webinar on recent compliance and enforcement issues regarding the importation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) 2014 revisions to its Notice of Arrival (NOA) form...

On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S. Environmental Protection Agency. In this Notice, DPR describes the four types of applications that may be submitted concurrently to DPR and to the U.S. Environmental Protection Agency (EPA), the procedure applicants should follow to request concurrent submission, and how...

Center for Food Safety v. EPA is a case in the U.S. Court of Appeals for the 9th Circuit (9th Circuit) that consolidates two petitions for review of a decision by the U.S. Environmental Protection Agency (EPA) to register the new herbicide product Enlist Duo for use in six Midwestern states. A group of non-governmental organizations filed one of the petitions and the Natural Resources Defense Council (NRDC) filed a separate petition. Enlist Duo combines the...

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used in an urban area. The former evaluation method followed the U.S. Environmental Protection Agency (EPA) approach with California specific parameters. This revision will continue to use the EPA approach but allow incorporation of a module specific for California urban...

Not a moment too soon, the European Chemicals Agency (ECHA) released a useful and clearly written Practical Guide on Biocidal Products Regulation, ECHA-14-B-19-EN. ECHA is the European Union (EU) agency tasked with implementing the Biocidal Products Regulation (BPR), along with other EU chemical laws and regulations. Adopted in 2012, the BPR revised the Biocidal Products Directive and imposes requirements on producers of active substances and biocidal products. Starting on September 1,...

The California Department of Pesticide Regulation (DPR) recently issued its Progress Report 2012-2014, which highlights DPR’s view of achievements under the leadership of Director Brian Leahy. Among the achievements noted are the following; others are also discussed in the report. • Restricting sales of Second Generation Anticoagulant Rodenticides (SCAR). This action is described as having been “the catalyst for a national change, as the manufacturer agreed with U.S. EPA to phase...

The California Department of Pesticide Regulation (DPR) has extended, from February 27, 2015, to Friday, March 13, 2015, the submission of written comments following DPR’s January 14, 2015, Registration Fee Workshop where DPR discussed the potential increase in registration fees for pesticide products pursuant to Food and Agricultural Code (FAC) § 12812(a). Under the proposal, DPR would increase fees for applications and renewals from $750 to $1,150, decrease fees for certain...

REGISTER FOR ABLC 2015 The Advanced Bioeconomy Leadership Conference 2015 (ABLC 2015), to be held March 11-13, 2015, at the Capital Hilton in Washington, D.C., is the gathering point for top leaders in the Advanced Bioeconomy — bringing together the entire spectrum of advanced fuels, chemicals, and materials CEOs and senior executives, business development, R&D leaders, strategic partners, financiers, equity analysts, policymakers, and industry suppliers. Kathleen M. Roberts, Executive...

The Biotechnology Industry Organization (BIO) is now accepting nominations for the George Washington Carver Award and the Rosalind Franklin Award, both recognizing leadership in the field of industrial biotechnology. Nominations are being accepted through February 26, 2015, and the recipients will be presented with the awards at the BIO World Congress on Industrial Biotechnology from July 19-22, 2015, in Montreal. The Biobased and Renewable Products Advocacy Group (BRAG®) is proud to once again...

On February 17, 2015, the U.S. Department of Energy (DOE) published in the Federal Register a Notice of Open Meeting for the Biomass Research and Development Technical Advisory Committee (the Committee). The Committee plans to meet on March 5, 2015, from 8:30 a.m. to 5:30 p.m. and March 6, 2015, from 8:30 a.m. to 1:00 p.m. at the Marriott Wardman Park in Washington, D.C. The agenda includes updates on the Biomass Research and Development Initiative,...

On January 28, 2015, the U.S. Environmental Protection Agency (EPA) announced that it has made available for public comment its proposal to improve the corn rootworm insect resistance management program currently in place for registrations of plant-incorporated protectants (PIP) derived from Bacillus thuringiensis (Bt) in corn. The EPA framework contains a number of controversial provisions, including the following proposed restriction of soil applied insecticides (SAI): “SAIs must be...