Blogs

On June 28, 2019, a coalition of 11 state attorneys general filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Environmental Protection Agency (EPA) for its failure to initiate an asbestos reporting rule under Section 8(a) of the Toxic Substances Control Act (TSCA).  The complaint argues that EPA wrongfully denied the states’ January 31, 2019, petition, filed under TSCA Section 21, to issue a rule for the reporting of the...

On June 26, 2019, the U.S. Environmental Protection Agency (EPA) announced it was extending the comment deadline on its Proposed Interim Registration Review Decision (PID) for glyphosate acid and its various salt forms.  84 Fed. Reg. 30112.  EPA states that it is extending the comment deadline “after receiving public comments requesting additional time to review the Glyphosate Proposed Interim Registration Review Decision and supporting materials.” The deadline to submit...

On June 25, 2019, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) posted two requests for scientific opinions:  hydroxyapatite (nano) and copper (nano) and colloidal copper (nano).  According to the mandate for hydroxyapatite (nano), the EC received 17 notifications for cosmetic products containing hydroxyapatite in nano form.  The EC states that according to the notifications, this ingredient is used in both leave-on and rinse-off dermal and...

On June 28, 2019, the U.S. Environmental Protection Agency (EPA) released the draft risk evaluations for cyclic aliphatic bromide cluster (HBCD) and 1,4-dioxane, two of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA).  In its June 28, 2019, press release, EPA states in the draft risk evaluation for HBCD, it did not find unreasonable risk to the general population, consumers, workers, or the environment.  According to EPA, in...

As reported in our June 28, 2019, memorandum, on June 24, 2019, Bergeson & Campbell, P.C.(B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health (GWU) presented “TSCA: Three Years Later,” a day-long conference with leading experts exploring the current impacts of the Toxic Substances Control Act (TSCA) on science policies, challenges faced by industry, and the impacts of TSCA on regulatory policies,...

Bergeson & Campbell, P.C. (B&C®) would like to thank all of the participants that made “TSCA: Three Years Later” such a success. Speakers, including Alexandra Dapolito Dunn, Assistant Administrator, OCSPP, EPA, and Lynn R. Goldman, M.D., M.S., M.P.H., Michael and Lori Milken Dean and Professor of Environmental and Occupational Health at Milken Institute School of Public Health, George Washington University, provided timely insights into EPA’s implementation of the...

By Lynn L. Bergeson On June 18, 2019, Neste, a Biobased and Renewable Products Advocacy Group (BRAG®) member, and LyondellBassell announced the first commercial scale parallel production of biobased polypropylene and biobased low-density polyethylene. This project used Neste’s renewable hydrocarbons, derived from sustainable biobased raw materials, such as waste and residue oils, to produce food packaging bioplastics marked as Circulen and Circulen Plus by LyondellBasell. "We are...

By Lynn L. Bergeson On June 28, 2019, the California Department of Toxic Substances Control (DTSC) will host the first public workshop on 1,4-Dioxane in Personal Care and Cleaning Products. 1,4-Dioxane, a solvent and stabilizer for chlorinated solvents, which is produced from both petroleum sources and from biobased ethylene oxide, has been identified by DTSC as a likely human carcinogen and an emerging contaminant found in beauty, personal care, hygiene, and cleaning products. DTSC is...

By Lynn L. Bergeson On June 20, 2019, Reuters reported that President Trump directed members of his Cabinet to review EPA’s expanded use of waivers exempting small refineries from the Renewable Fuel Standard (RFS). This decision came after Trump traveled to the Midwest to promote the Administration’s decision to lift a ban on summer sales of E15 and farmers warned that increases in smaller refinery exemptions functionally negated the expected benefits of E15 sales. RFS has become...

By Lynn L. Bergeson On June 18, 2019, Representative Mike Thompson, (D-CA), Chair of the House Ways and Means Subcommittee on Select Revenue Measures, introduced the Taxpayer Certainty and Disaster Tax Relief Act of 2019. The bill includes: An extension of the $1-per-gallon tax credit for biodiesel and biodiesel mixtures;   An extension of the small argi-biodiesel producer credit of 10 cents per gallon through 2020;   An extension of the second generation biofuel producer credit...

By Lynn L. Bergeson An Executive Order (EO) issued by President Trump on June 14, 2019, would require all federal agencies and departments to evaluate the need for their current advisory committees established under Section 9(a)(2) of the Federal Advisory Committee Act (FACA).    Entitled “Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees,” the EO also would require each federal agency to terminate at least one-third of its current...

On May 16, 2019, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in a case filed by non-governmental organizations (NGO) challenging the U.S. Environmental Protection Agency’s (EPA) prioritization and risk evaluation rules.  Safer Chemicals, Healthy Families v. EPA, No. 17-72260.  During oral arguments, the court asked the Natural Resources Defense Council (NRDC) whether it had standing to be before the court.  NRDC responded that it does, arguing that EPA’s rules...

On May 16, 2019, the U.S. Court of Appeals for the Ninth Circuit heard oral arguments in a case filed by non-governmental organizations (NGO) challenging the U.S. Environmental Protection Agency’s (EPA) prioritization and risk evaluation rules.  Safer Chemicals, Healthy Families v. EPA, No. 17-72260.  During oral arguments, the court asked the Natural Resources Defense Council (NRDC) whether it had standing to be before the court.  NRDC responded that it does, arguing that...

On June 14, 2019, Canada’s Pest Management Regulatory Agency (PMRA) began a public consultation on Discussion Document DIS2019-01, “Consultation on Inspecting Confidential Test Data for Post-market Reviews in the Reading Room.”  Before a pesticide can be registered for use in Canada, PMRA states that it reviews the available scientific test data to determine whether there are concerns for human health or safety, or the environment, when the product is used according to the...

Registration has opened for the National Nanotechnology Initiative’s (NNI) July 9, 2019, webinar, “Nanotechnology-Related Standards: Availability and Applications.”  According to NNI, the development and use of nanotechnology-related standards is critical to ensuring validated measurements and methods to specify nanomaterial-containing products.  NNI states that standards are also necessary for comparative evaluation and assessment of the environmental, health, and...

The U.S. Environmental Protection Agency released on June 21, 2019, a proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT).  EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA):  decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); hexachlorobutadiene...

The U.S. Environmental Protection Agency (EPA) has published statistics concerning its review of confidential business information (CBI) cases received between June 22 2016, and June 25, 2019.  The Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted in 2016, amended the CBI provisions of the Toxic Substances Control Act (TSCA).  Since then, EPA “has established numerous new processes, systems, and procedures to enable submitters to provide the information...

On June 20, 2019, Senators Tom Udall (D-NM), Cory Booker (D-NJ), Ed Markey (D-MA), Jeff Merkley (D-OR), and Sheldon Whitehouse (D-RI) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler requesting information on EPA’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act).  The letter notes that the Lautenberg Act was intended to enact reforms addressing “longstanding structural problems” with...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. In June 2019, the European Commission (EC) Technical Expert Group (TEG) on Sustainable Finance, published its Report on EU Green Bond Standard. The report proposes the creation of a European Union (EU) Green Bond Standard (EU-GBS) to address barriers to market development of green financial products. Also proposing the establishment of a framework to facilitate sustainable investment -- “Taxonomy Regulation” -- TEG makes ten...

By Lynn L. Bergeson On June 14, 2019, U.S. Senators Deb Fischer (R-NE) and Tammy Duckworth (D-IL) introduced the Renewable Fuel Standard (RFS) Integrity Act of 2019. This Act aims at increasing transparency and predictability to the U.S. Environmental Protection Agency’s (EPA) small refinery exemption process under the RFS program. Requiring small refineries to petition for exemptions by June 1 of each year, according to the two leaders, this legislation would hold EPA accountable for...

By Lynn L. Bergeson On June 13, 2019, the U.S. Department of Energy (DOE) announced the launch of the first stage of the Waves to Water Prize. A competition seeking to accelerate the development of wave energy powered desalination systems and address water security, the prize consists of four stages. The first concept stage is now open for applications until September 11, 2019. U.S. Under Secretary of Energy, Mark W. Menezes, stated that “[t]he start of the Waves to Water Prize marks an...

The European Commission’s (EC) Joint Research Center (JRC) published a press release on June 6, 2019, regarding its contribution to the Organization for Economic Cooperation and Development’s (OECD) development of Test Guidelines for the safety assessment of nanomaterials.  According to the press release, scientists from JRC have actively participated in discussions of the OECD’s Working Party on Manufactured Nanomaterials (WPMN) since early on.  The press release...

The Environmental Defense Fund (EDF) announced on June 17, 2019, a report entitled Toxic Consequences:  Trump’s attacks on chemical safety put our health at risk.  EDF notes that “[c]oncern over toxic exposures and a lack of confidence in the badly outdated chemical safety system” led to Congress passing the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) to reform the Toxic Substances Control Act (TSCA).  The bipartisan bill...

On June 12, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced that it will delay enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program) from July 1, 2019, to January 1, 2020.  NYSDEC states in the June 12, 2019, Environmental Notice Bulletin that it will begin enforcing any violations of the required disclosure as of January 2, 2020.  According to the notice, NYSDEC “will...

On June 12, 2019, the New York State Department of Environmental Conservation (NYSDEC) announced that it will delay enforcement of the Household Cleansing Product Information Disclosure Program (Disclosure Program) from July 1, 2019, to January 1, 2020. NYSDEC states in the June 12, 2019, Environmental Notice Bulletin that it will begin enforcing any violations of the required disclosure as of January 2, 2020. According to the notice, NYSDEC “will continue to work with any...

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...

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 that New...

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, and...

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 letter...

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...

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’...

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...

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...

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...

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...

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 have the...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On May 30, 2019, DOE also announced the release of GeoVision: Harnessing the Heat Beneath Our Feet, an analysis on how the U.S. can benefit from the potential of geothermal energy. The report summarizes findings that show geothermal electricity generation could increase more than 26-fold from today. Geothermal energy has the potential to reach 60 gigawatts (GW) of installed capacity (a 6GW growth) by 2050, including the provision of heating and...

By Lynn L. Bergeson On May 30, 2019, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that its Argonne National Laboratory (ANL) released an updated version of an online computer model meant to help bioenergy developers to preserve water. Called Water Analysis Tool for Energy Resources (WATER), this online tool provides in-depth analysis of water consumption used in the development of bioenergy. Designed for industry leaders,...

By Lynn L. Bergeson On May 30, 2019, the U.S. Environmental Protection Agency (EPA) released in final the regulatory changes allowing gasoline blended with up to 15 percent ethanol (E15) to take advantage of the 1-psi Reid Vapor Pressure (RVP) waiver that applies to E10 during the summer months. This means that E15 can now be sold year-round in the U.S. without additional RVP control rather than just eight months of the year. EPA also released in final the rulemaking regulatory changes to modify...

The most recent episode of the National Nanotechnology Initiative’s (NNI) podcast series, Stories from the NNI, features Vince Caprio, Founder and Executive Director of the NanoBusiness Commercialization Association (NanoBCA).  Dr. Lisa Friedersdorf, Director of the National Nanotechnology Coordination Office (NNCO), speaks with Caprio about his memories of the early establishment of NNI, his thoughts on major advances in nanotechnology for the past 15 years, and...

As reported in our May 30, 2019, blog item, the Organization for Economic Cooperation and Development (OECD) recently published several reports in its Series on the Safety of Manufactured Nanomaterials, including Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table.  The Tour de Table compiles information provided by delegations on the occasion of the 19th meeting of the OECD Working Party on Manufactured Nanomaterials (WPMN) in February...