Blogs

The Air & Waste Management Association (A&WMA) recently announced the formation of an Intercommittee Task Force (ITF) on Nanoscale Science and Engineering. The ITF will span a wide array of subjects, including environmental policy, measurement, health effects, monitoring, management, and safety issues associated with the development and use of nanomaterials, nanotechnologies, and nanoscale products. Its objectives will likely be: To bring societal recognition,...

The California Department of Toxic Substances Control (DTSC or Department) Safer Consumer Products Regulations (Regulations) take effect today. Memoranda providing background information on the Regulations are available online. The Regulations and Final Statement of Reasons are available online. The most onerous requirements for "responsible entities" (i.e., manufacturers, importers, assemblers, and retailers) will not be felt until DTSC identifies the first Priority Products, that is,...

On September 3, 2013, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) posted an electronic copy of its Handbook for Notifiers, which provides guidance for importers and manufacturers of industrial chemicals in Australia. Appendix H includes guidance and requirements for notification of new chemicals that are industrial nanomaterials, and addresses the following topics: NICNAS working definition of industrial nanomaterial; Exemption categories; Permit...

This week, Senator Debbie Stabenow (D-MI) sent a letter to the Commodity Futures Trading Commission (CFTC) asking for an investigation into claims that speculators are manipulating the RIN market in which RIN credits are bought and sold to help obligated parties meet their annual renewable volume obligations (RVO) under the federal RFS. Senator Stabenow expressed concern with the lack of transparency in the RIN market. Ethanol RIN prices have dramatically risen this year and there have been...

Last week, federal securities regulators charged Imperial Petroleum, Inc. and its subsidiary, Indiana-based E-Biofuels LLC, with carrying out a fraudulent federal RFS renewable identification number (RIN) and tax credit scheme. It is alleged that from November 2009 to January 2012, this scheme generated 52 million fraudulent RIN credits and $35 million in false tax credits, and cost investors approximately $60 million. More information is available online. This is the fourth major biodiesel RIN...

If the Continuing Resolution (CR) currently funding the government is allowed to expire on September 30, it could prove devastating to the U.S. Environmental Protection Agency (EPA). Unlike other federal agencies, EPA cannot claim exceptions for many of its employees. In the event the CR expires, as EPA Administrator Gina McCarthy asserted in public remarks this week, EPA "would effectively shut down." It would only have skeletal staff and would surely impact Renewable Fuel Standard...

Last week, the U.S. Department of Agriculture (USDA) announced that it is seeking bids from bioenergy producers to purchase sugar from the Department as part of the Food, Conservation and Energy Act of 2008 (the 2008 Farm Bill) Feedstock Flexibility Program (FFP). This will be the second time that USDA will utilize the FFP. The 2008 Farm Bill directs USDA to keep sugar prices at or above certain levels, and authorizes USDA to either acquire sugar through forfeiture of sugar loans made by the...

On September 19, 2013, in a partisan vote, the U.S. House of Representatives passed by a vote of 217-210 its version of the nutrition portion of the next Farm Bill. All Democrats and 15 Republicans in the House of Representatives voted against the bill, which would cut $40 billion from the national food stamp program over the next decade and will almost surely delay final passage of the next five-year Farm Bill. The current Farm Bill expires on September 30. Historically, the Farm Bill has...

On September 11, 2013, the European Commission (EC) submitted to the World Trade Organization (WTO) a proposed regulation amending Regulation 1169/2011 concerning the provision of food information to consumers as regards the definition of engineered nanomaterials (ENM). The proposed regulation states that since the regulation refers to ENMs and not nanomaterials in general, natural and incidental nanomaterials should not be included in the definition. The proposed regulation...

On September 20, 2013, the Organization for Economic Cooperation and Development (OECD) announced a recommendation that its Member Countries apply existing regulatory frameworks to manage risks associated with manufactured nanomaterials. The Recommendation, approved on September 19, 2013, expands the scope of the Mutual Acceptance of Data (MAD) in the Assessment of Chemicals to include nanomaterials. Since 2006, OECD has been working to develop approaches for addressing risk...