Blogs

On June 11, 2018, the European Observatory for Nanomaterials (EUON) announced that its website now features the following two searchable databases, NanoData and eNanoMapper: NanoData: Contains data on different products, research projects, publications, patents, and companies, and helps users to visualize statistics through built-in charts and graphs.  The data can also be filtered by different sectors and geographic location.  The database can be used for example by...

As reported in our June 7, 2018, memorandum, the New York State Department of Environmental Conservation (NYSDEC) on June 6, 2018, released its final policy and form for manufacturer disclosures under the Household Cleansing Product Information Disclosure Program.  The Household Cleansing Product Information Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify any ingredients that appear on authoritative...

On June 6, 2018, the New York State Department of Environmental Conservation (NYSDEC) released its final policy and form for manufacturer disclosures under the Household Cleansing Product Information Disclosure Program.  The Disclosure Program is similar to the recently enacted California Cleaning Product Right to Know Act of 2017 which requires the disclosure of cleaning product ingredients by way of website or product label.  The Household Cleansing Product Information...

By Lynn L. Bergeson On June 4, 2018, Proctor & Gamble (P&G) announced the launch of Downy’s first plant-based line of fabric conditioner. In addition to powering the manufacturing process completely with renewable wind powered electricity at a zero-manufacturing waste to landfill facility, the product formula includes 70 percent biobased ingredients and the bottles are made from 25 percent post-consumer recycled content.  The 70 percent claim has been certified through...

By Lynn L. Bergeson On June 4, 2018, Bloomberg Environment (subscription required) reported on the planned spinoff of DowDupont Inc’s Corteva Agriscience (Corteva) unit. This split, which is expected to occur by June 1, 2019, was originally announced on February 26, 2018, stating that Corteva will become a separate company quickly followed by Dow and DuPont as they split back into two companies. Corteva will focus on new gene-editing technology, including CRISPR-Cas9 that allows it to...

By Lynn L. Bergeson On May 29, 2018, the U.S. Department of Energy (DOE) announced it was seeking nominations for candidates to fill vacancies on the Biomass Research and Development Technical Advisory Committee (Committee).  The Federal Register notice states that: The committee members may serve two, three-year terms and committee membership must include: (A) An individual affiliated with the biofuels industry; (B) an individual affiliated with the biobased industrial and commercial...

The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on June 6, 2018, announced two public meetings related to the harmonization of transportation and hazard communication standards with international standards.  83 Fed. Reg. 26338.  The first meeting -- led by PHMSA -- will solicit public input on current proposals and items for inclusion in the agenda of the 53rd session of the United Nations Sub-Committee of Experts on the...

On May 30, 2018, two complaints were filed against the U.S. Environmental Protection Agency (EPA) in the United States District Court for the Southern District of New York.  Both of these suits concern a decision by EPA to defer publication of a notice of availability (NOA) of training materials prepared pursuant to the Agricultural Worker Protection Standard (WPS), 40 C.F.R. Part 170.  The WPS was originally promulgated in 1974, substantially amended in 1992, and then revised again in...

In June 2018, the International Standardization Organization (ISO) published standard ISO/TS 21362:2018, “Nanotechnologies — Analysis of nano-objects using asymmetrical-flow and centrifugal field-flow fractionation.”  The document identifies parameters and conditions, as part of an integrated measurement system, necessary to develop and validate methods for the application of asymmetrical-flow and centrifugal field-flow fractionation to the analysis of nano-objects and their...

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) issued an extension of the comment period of the proposed rule entitled “Strengthening Transparency in Regulatory Science” (Science Rule) that EPA issued on April 30, 2018.  83 Fed. Reg. 24255.  The Federal Register notice states that EPA will extend the comment period from May 30, 2018, to August 16, 2018.  EPA states that it is making these changes “in response to public requests for an...

On May 23, 2018, the U.S. Environmental Protection Agency (EPA) held an “Environmental Modeling Public Meeting” (EMPM).  As stated in the April 12, 2018, Federal Register notice announcing the meeting, the “EMPM provides a public forum for EPA and its stakeholders to discuss current issues related to modeling pesticide fate, transport, and exposure for pesticide risk assessments in a regulatory context.”  The overall theme of the EMPM was the quantitative use of...

On June 1, 2018, the U.S. Environmental Protection Agency (EPA) released the much anticipated first ten problem formulation documents; its systematic review approach document; and a significant new use rule (SNUR) proposal enabling it to prevent new uses of asbestos for public comment.  Links and short summaries are provided below. EPA states that the problem formulation documents refine the conditions of use, exposures, and hazards presented in the scope of the risk evaluations for the...

By Lynn L. Bergeson On June 18, 2018, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), will present “New TSCA and Green Chemistry Innovation” at the 22nd Annual Green Chemistry & Engineering Conference (GC&E), hosted by the American Chemical Society’s (ACS) Green Chemistry Institute®. GC&E will highlight product innovation using greener chemistries and provide an opportunity for a diverse group of academic,...

By Lynn L. Bergeson On May 25, 2018, the National Biodiesel Board (NBB) dropped its nearly decade long pursuit to convert a $1-per-gallon tax credit for biofuel blenders to an equivalent credit for producers. NBB originally sought to change the credit to support the domestic biofuel industry, as some blenders who benefited from the credit were also importing foreign biodiesel. Recent import duties imposed by the U.S. Commerce Department have done a great deal to curb inexpensive biodiesel...

By Lynn L. Bergeson On May 24, 2018, the U.S. Department of Energy (DOE) announced that, as part of the DOE’s Bioenergy Technologies Office’s (BETO) support to small businesses, BETO has awarded approximately $2 million, out of $13 million awarded by the Office of Energy Efficiency and Renewable Energy (EERE), to 13 Small Business Innovation Research and Small Business Technology Transfer grants.  DOE states that these small businesses are “improving the state of...

By Lynn L. Bergeson A coalition will be launched on June 1, 2018, that intends to ensure that Safer Choice will continue to exist as a federal program within the U.S. Environmental Protection Agency (EPA) and to improve the program so that it operates in the most effective way possible for all stakeholders.  The Coalition will comprise companies throughout the chemical value chain -- chemical manufacturers, consumer product companies, and retailers -- as well as non-governmental...

By Lynn L. Bergeson On May 17, 2018, a proposed amendment to repeal the Farm Bill’s energy title programs was defeated in the U.S. House of Representatives by a vote of 75-340. These title programs provide grants and loan guarantees to rural lenders and businesses, as well as research and development support for renewable energy products. While these programs account for less than one percent of the total amount that the federal government spends on agriculture and nutrition programs,...

The Organization for Economic Cooperation and Development (OECD) published a May 17, 2018, document entitled Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table.  The document compiles information provided by delegations for the February 2018 OECD Working Party on Manufactured Nanomaterials (WPMN) meeting on current developments on the safety of manufactured nanomaterials.  It aims to summarize relevant information on activities related to...

The Organization for Economic Cooperation and Development (OECD) has published a May 22, 2018, report entitled Assessment of Biodurability of Nanomaterials and their Surface ligands.  The purpose of the report was to compile the relevant information on the biodurability of the pristine and functionalized nanomaterials in biological and environmental media in vitro and in vivo, as well as describing methods for measuring the stability and halftimes of nanomaterials. ...

On May 24, 2018, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a public meeting on June 28, 2018, from 1:00 p.m. to 4:00 p.m. (EDT) in Washington, D.C. regarding technical issues in the Formaldehyde Emission Standards for Composite Wood Products Final Rule published on December 12, 2016.  83 Fed. Reg. 24104.  The Federal Register notice states that the meeting will “inform EPA's potential development of a proposed rule...

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) extended until August 16, 2018, the comment period on its proposed rule titled “Strengthening Transparency in Regulatory Science.”  83 Fed. Reg. 24255.  EPA also announced that it will hold a public hearing on the controversial proposed rule on July 17, 2018.  The April 30, 2018, proposal (83 Fed. Reg. 18768) is intended to strengthen the transparency of EPA regulatory science.  The proposed...

By Lynn L. Bergeson On May 21, 2018, the National Biodiesel Board (NBB), in partnership with industry sponsors, announced a series of five seminars for fuel wholesalers, distributors, retailers, marketers, fleets, municipalities, and other end users focusing on benefits and opportunities surrounding biodiesel. The complimentary series, Exploring Biodiesel (XBX), will be held in the following regions: Boston, MA (June 12, 2018); Philadelphia, PA (July 18, 2018); Los Angeles, CA (August 7,...

By Lynn L. Bergeson On May 16, 2018, Fulcrum BioEnergy, Inc. announced the start of site construction for Phase 2 of the Sierra BioFuels Plant in Reno, Nevada.  This commercial-scale plant will be the nation’s first to convert municipal solid waste feedstock into low-carbon, renewable jet fuel. “Launching the final construction phase of Sierra is another milestone for Fulcrum, our partners, Northern Nevada and the low-carbon fuels industry,” Jim Macias,...

By Lynn L. Bergeson On May 23, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that a pre-recorded informational webinar regarding the proposed National Bioengineered Food Disclosure Standard (NBFDS) will be made available beginning on June 1, 2018.  83 Fed. Reg. 23827.  The Federal Register notice states that the pre-recorded webinar “will provide an overview of the background, provisions, and potential impacts of the...

By Lynn L. Bergeson On May 21, 2018, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that it will fund 87 new projects across 34 states, totaling nearly $13 million in funding.  This funding is part of the 219 grants totaling $34 million awarded to 183 small businesses in 41 states through the DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Nine EERE technology...

On May 23, 2018, the European Union Observatory for Nanomaterials (EUON) published an article entitled “Nordic information campaign on REACH-relevant regulation for nanomaterials.”  According to EUON, Norway, Sweden, Finland, and Denmark are coordinating an information campaign through the N-Nano project group of the Nordic Chemical Working Group of the Nordic Council of Ministers.  The goal of the campaign is to develop a web-based tool to provide information on European Union...

On May 22-23, 2018, the U.S. Environmental Protection Agency (EPA) hosted a Polyfluoroalkyl Substances (PFAS) National Leadership Summit (Summit) in Washington, D.C.  The Summit convened federal and state regulators, including representatives from EPA’s Office of Water (OW), EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), the U.S. Food and Drug Administration (FDA), the U.S. Department of Defense (DOD), a small group of invited industry participants, and...

The May 2018 ECHA Newsletter includes an interview with Robert Johansson, Head of the Swedish Chemicals Agency’s (KEMI) Chemical Statistics and Registries Unit.  As reported in our December 7, 2017, blog item, KEMI has established a mandatory reporting scheme to obtain information on the quantities and types of nanomaterials used in Sweden, with the first reports due in February 2019.  According to Johansson, “[t]his information can then provide a basis for...

On May 16, 2018, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) announced the availability of six case studies intended to help stakeholders understand how the categorization process for new industrial chemicals will work under the new Australian Industrial Chemicals Introduction Scheme (AICIS).  The case studies cover typical scenarios for introducing cosmetic and non-cosmetic new chemicals, and show how introducers would categorize chemicals as...

The European Union Observatory for Nanomaterials (EUON) has posted the workshop report from the March 9, 2018, Stakeholder Dialogue meeting.  According to the report, the annual meeting focused on providing an update on EUON and allowing stakeholders an opportunity to share their views on expectations on the future development of EUON.  During his welcome address, Jukka Malm, European Chemicals Agency (ECHA), acknowledged that some stakeholders preferred a mandatory register...

By Lynn L. Bergeson On May 9, 2018, Tremco Roofing and Building Maintenance announced that its POWERply® Endure™ BIO Adhesive had earned the Certified Biobased Product label from the USDA BioPreferred Program. Tremco’s adhesive is made of 71 percent biobased material with ultra-low levels of Volatile Organic Compounds (VOC) that meet California VOC limits. Four other Tremco Roofing products have the USDA Certified Biobased Product Label, including AlphaGuard™ BIO...

By Lynn L. Bergeson On May 11, 2018, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) announced the availability of a draft Environmental Impact Statement (EIS) for public review and comment. This document evaluates the possible environmental impacts from a potential approval of a permit to release a genetically engineered (GE) Citrus tristeza virus (CTV) through Florida.  This GE plant virus would be used as a biological control...

By Lynn L. Bergeson On May 11, 2018, the U.S. Environmental Protection Agency (EPA) sent a proposed renewable fuel standard (RFS) biofuel volumes rule for 2019 to the White House Office of Management and Budget (OMB) for pre-publication review.  The proposed rule addresses 2019 renewable blending obligations for cellulosic biofuel, advanced biofuel, and total biofuel, with a proposed 2020 percentage standard for biomass-based diesel. The 2019 blending requirement for biomass-based...

The NanoBusiness Commercialization Association (NanoBCA) will hold its 17th annual conference on June 14, 2018, in Washington, D.C.  Speakers will include Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C., as well as: Jim Phillips, Chairman and Chief Executive Officer (CEO), NanoMech Corporation; Doyle Edwards, Director, Government Programs, Brewer Science; Marco Curreli, Ph.D., Executive Director and Founder, Omni Nano; Lisa Friedersdorf, Director, National...

On May 17, 2018, the U.S. Environmental Protection Agency (EPA) issued a notice releasing statements of findings on new chemical substances made on Toxic Substances Control Act (TSCA) Section 5(a) notices during the period from February 1, 2018, to March 31, 2018.  83 Fed. Reg. 22978.  EPA is required to do so per TSCA Section 5(g) after its review of TSCA Section 5(a) notices when it makes a finding that a new chemical substance or significant new use is not likely to...

The 32nd Triennial Congress of the International Commission on Occupational Health (ICOH) was held April 29 through May 4, 2018, in Dublin, Ireland.  Occupational and Environmental Medicine (OEM) has published the abstracts for the Congress online, including the following ones concerning nanomaterials: “Update of potential hazards of nanomaterials,” by PA Schulte, I Iavicoli; “Overview — update of potential hazards of engineered nanomaterials,” by PA Schulte;...

The Belgian Federal Public Service for Public Health, Food Chain Safety and Environment has published the first annual report for nano substances registered for placement on the market in 2016.  Although the report is available only in French and Dutch at this time, each contains an executive summary in English.  Of the 475 registrations submitted, importers submitted 56 percent of the registrations, distributors 22 percent, and manufacturers 11 percent.  The rest were...

On April 30, 2018, the U.S. District Court for D.C. issued a memorandum opinion that sets forth the reasons for its denial of defendant Monsanto Company’s (Monsanto) motion to dismiss in a case in which the plaintiffs allege that certain glyphosate label claims violate the District of Columbia Consumer Protection Procedures Act (DCCPPA) (Opinion).  The order denying Monsanto’s motion to dismiss was issued on March 31, 2018, but did not provide any substantive discussion as to why it was...

On April 23-24, 2018, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU) held a NanoDialog to discuss “Nano-In-Vivo,” a long-term research project intended to close existing data gaps concerning the safety of nanomaterials.  BMU, the Federal Environment Agency (UBA), the Federal Institute for Occupational Safety and Health (BAuA), and BASF SE, with the participation of the Fraunhofer Institute for Toxicology and Experimental Medicine (ITEM)...

On May 7, 2018, the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs (OIRA) received the U.S. Environmental Protection Agency’s (EPA) final rule entitled Mercury; Reporting Requirements for the TSCA Mercury Inventory.  The OIRA 2018 Spring Regulatory Agenda for this rulemaking, item RIN 2070-AK22, states that EPA’s rulemaking to implement new Toxic Substances Control Act (TSCA) Section 8(b)(10)(D) will promulgate reporting requirements...

By Lynn L. Bergeson On May 4, 2018, USDA’s Agricultural Marketing Service (AMS) proposed a rule to establish the National Bioengineered Food Disclosure Standard mandated by Congress in 2016.  83 Fed. Reg. 19860.  USDA states the standard will provide “a uniform way to offer meaningful disclosure for consumers who want more information about their food and avoid a patchwork system of state or private labels that could be confusing for consumers and would likely drive up...

By Lynn L. Bergeson On May 3, 2018, Jacor, LLC announced that five of its EcoBioClean® products earned the U.S. Department of Agriculture (USDA) Certified Biobased Product label: EcoBioClean® 100 COSW with 95% biobased content; EcoBioClean® Pipes/Tanks 103 CE with 95% biobased content; EcoBioClean® Fresh Water 101 COFW with 95% biobased content; EcoBioClean® Land 102 COL with 95% biobased content; and EcoBioClean® Biological Waste 105 BW with 95% biobased content....

By Lynn L. Bergeson On May 9, 2018, DOE announced up to $3 million in funding for advanced biofuels, bioenergy, and biobased products available through the Biomass Research and Development Initiative (BRDI). This funding will go to two selected projects, with $1 million going to The University of Tennessee to develop an integrated biorefinery design that combines the production of liquid fuels and renewable chemicals, and $2 million funding a Northwestern University project to develop a...

By Lynn L. Bergeson On May 8, 2018, DOE’s BETO announced that it was sponsoring an Advanced Algal Systems Listening Session in Seattle, Washington on June 13, 2018, from 1:00 p.m. to 5:00 p.m. It is being held in conjunction with the 8th International Conference on Algal Biomass, Biofuels, and Bioproducts,   BETO states it is seeking feedback “from experts in algal biology, cultivation, and conversion on how to address early stage research and development barriers and...

By Lynn L. Bergeson On May 3, 2018, DOE’s BETO announced four funding opportunities totaling up to $78 million to support early-stage bioenergy research and development. The Funding Opportunity Announcements (FOA) include: BioEnergy Engineering for Products Synthesis (up to $28 million); Efficient Carbon Utilization in Algal Systems (up to $15 million); Process Development for Advanced Biofuels and Biopower (up to $20 million); and Affordable and Sustainable Energy Crops (up to $15...

By Lynn L. Bergeson On May 1, 2018, the U.S. Department of Energy’s (DOE) Vehicle Technologies Office (VTO) and Bioenergy Technologies Office (BETO) announced a joint multi-topic funding opportunity for $12 million as part of the Co-Optimization of Fuels and Engines (Co-Optima) initiative. This collaborative research and development effort supports the research of fuel and engine innovation that maximize vehicle performance and fuel efficiency, and is accelerating the introduction of...

By Lynn L. Bergeson On May 3, 2018, the Advanced Biofuels Association (ABFA) announced that it had submitted a petition in the U.S. Court of Appeals for the D.C. Circuit to review EPA Administrator Scott Pruitt’s decision to provide waivers from RFS requirements. Michael McAdams, President of ABFA, stated:  “We have seen reports that the number of small refinery exemptions recently granted for compliance years 2016 and 2017 have doubled compared to previous years. ABFA...

By Lynn L. Bergeson On May 8, 2018, President Trump met with a group of Republican Senators and told them that he is considering allowing exported ethanol to count toward the volumes mandated by the Renewable Fuel Standard (RFS).  During this meeting, Mr. Trump also reiterated support for expanding sales of E15, and withdrew his verbal proposal to cap the price of RINs, which had been widely criticized by the ethanol industry. These announcements came after increasing concern about the...

The National Nanotechnology Coordination Office (NNCO) will hold the first in its series of free webinars for the nanotechnology entrepreneurship community on May 21, 2018, at 2:00 p.m. (EDT).  NNCO states that the webinar will feature stories from entrepreneurs that have transitioned their university-based nanotechnology research through commercialization.  Participants will share lessons learned, technological challenges faced, and how their university entrepreneurial ecosystem...

On May 2, 2018, during the U.S. Environmental Protection Agency’s (EPA) Pesticide Program Dialogue Committee (PPDC) meeting, EPA announced the progress of its electronic pesticide label data submission project, SmartLabel, and its electronic Confidential Statement of Formula (eCSF) submission project.  The SmartLabel and eCSF will be submitted through EPA’s Pesticide Submission Portal (PSP) on the Central Data Exchange (CDX). EPA is developing the SmartLabel program to improve...