Blogs

On March 22, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt appointed 11 additional members to the Science Advisory Committee on Chemicals.  Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the purpose of the Committee is to provide independent advice and expert consultation, at the request of the EPA Administrator, with respect to the scientific and technical aspects of risk assessments, methodologies, and pollution prevention...

The May 13-16, 2018, TechConnect World Innovation Conference and Expo will include a panel discussion on “Safety in Advanced Manufacturing: A Profit Maker or a Profit Taker?” as part of the advanced manufacturing symposium.  The panel discussion, which will be held on May 16, 2018, will provide a forum to examine existing health and safety approaches that enable Industry 4.0 and the advanced manufacturing ecosystem.  It will consider the challenges and...

By Lynn L. Bergeson ASTM International’s energizing fuels division recently passed an Alcohol To Jet (ATJ) ethanol based specification ballot measure that will allow jet fuel, produced from ethanol under the ATJ process, to be sold commercially on a global basis.  ASTM D7566 had previously permitted ethanol as a feedstock for Aviation Turbine Fuel with a maximum final fuel blend of 50 percent, but now permits a full replacement of the hydrocarbon fuel. This change opens the door...

By Lynn L. Bergeson On March 28, 2018, Bioenergy Australia and the Queensland University of Technology (QUT) released “Biofuels to bioproducts: A growth industry for Australia.” The paper calls for the implementation of a Five-Point Plan creating a bioenergy policy framework to spur growth in Ausralia’s bioeconomy.  The paper also argues that the current lack of policy and programs encouraging the bioenergy industry have hurt Australia as it has missed out on...

By Lynn L. Bergeson On March 28, 2018, Secretary of the U.S. Department of Agriculture (USDA) Sonny Perdue issued a statement providing clarification on USDA’s oversight of plants produced through innovative new breeding techniques that include techniques called genome editing.  The announcement states that under its biotechnology regulations, USDA “does not regulate or have any plans to regulate plants that could otherwise have been developed through traditional breeding...

By Lynn L. Bergeson On March 22, 2018, the U.S. Department of Energy’s (DOE) National Renewable Energy Laboratory (NREL) announced that by studying and comparing the cellulose-degrading enzymes of two fungi, NREL researchers have pinpointed regions on these enzymes that can be targeted via genetic engineering to help break down cellulose faster.  The article published in Nature Communications, “Engineering enhanced cellobiohydrolase activity,” describes NREL’s...

By Lynn L. Bergeson On March 29, 2018, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice it is seeking public comment on the use of isobutanol in gasoline.  EPA specifically seeks comment on issues to consider regarding an application submitted by Butamax Advanced Biofuels, LLC (Butamax), a manufacturer of isobutanol, pursuant to the regulations titled “Registration of Fuels and Fuel Additives” for the registration of isobutanol as a...

On April 4, 2018, the U.S. Environmental Protection Agency (EPA) announced the following management changes in its Office of Pollution Prevention and Toxics (OPPT): Maria Doa, Ph.D., Director of the Chemical Control Division (CCD) at OPPT since 2011, will move to the Office of Research and Development’s (ORD) Office of Science Policy.  Prior to leading CCD, Dr. Doa was director of the National Program Chemicals Division (NPCD). Lynn Vendinello, Deputy Division Director of the CCD since...

On March 28, 2018, the Superior Court of California, Los Angeles County, issued its Statement of Decision (Phase II) (Defendants’ Alternative Significant Risk Level (ASRL) Affirmative Defense) that found that the defendants failed to meet their burden of proof on their ASRL affirmative defense.  Council for Education and Research on Toxics (CERT) v. Starbucks Corporation (Starbucks), No. BC435759 (L.A. Super. Ct., filed April 13, 2010).  CERT’s (plaintiff)...

On March 26, 2018, the Swedish National Platform for Nanosafety (SweNanoSafe) launched a new website intended to facilitate communication and knowledge exchange on the safety aspects of nanomaterials.  According to the press release, the website is targeted toward regulators, scientists, industry, non-governmental organizations, and other stakeholders interested in nanotechnology.  The website provides information on how nanomaterials are regulated in various areas,...

On March 22, 2018, the U.S. Environmental Protection Agency (EPA) released the Pesticide Registration Notice (PR Notice) 2018-1 issued by the Office of Pesticide Programs (OPP) entitled “Determination of Minor Use under Federal Insecticide, Fungicide, and Rodenticide Act Section 2(ll)” (PR Notice 2018-1).  Notice of Availability issued on March 21, 2018.  83 Fed. Reg. 12385.  The PR Notice states that it “describes the revised approach to interpreting economic minor use...

By Lynn L. Bergeson On March 20, 2018, BioLogiQ, Inc. announced that its NuPlastiQ® GP biopolymer received certification under the USDA BioPreferred program.  NuPlastiQ is a 100 percent renewably-resourced, plant-based resin that is blended with traditional plastics to reduce fossil-based plastic use and greenhouse gas emissions.  The thermoplastic resin is produced using BioLogiQ’s proprietary process for converting high crystalline starch into a low crystalline (mostly...

By Lynn L. Bergeson On March 19, 2018, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the delivery of its first batch of 100 percent renewable propane to SHV Energy.  Neste is operating the world’s first large-scale renewable production facility in Rotterdam, The Netherlands.  The new facility, that primarily produces Neste MY Renewable Diesel, purifies and separates renewable propane from the sidestream gases.  The refinery...

By Lynn L. Bergeson According to documents from the European Union (EU), the European Court of Justice (ECJ) ruled that the EU must remove anti-dumping (AD) duties on biodiesel imports from 13 Argentine and Indonesian producers.  Importers will be able to claim back duties that were paid in the past.  While the companies that challenged the measures are no longer subject to AD duties, the duties still apply to companies not covered under the legal challenge.  The EU initially...

By Lynn L. Bergeson The U.S. Department of Agriculture (USDA) released its report on the economic impact of the biobased economy.  The report, titled “Indicators of the U.S. Biobased Economy,” reviews data from 2011 and 2016 to analyze trends in the agricultural, bioenergy, renewable chemicals, and policy sectors.  According to the analysis, the renewable chemicals and biobased products sector contributed 4.22 million jobs and an economic value of $393 billion to the...

On March 13, 2018, the European Commission (EC) Ombudsman issued its recommendation in a case concerning the EC’s refusal to grant access to its catalog of nanomaterials used in cosmetics, as well as to related notification from cosmetics manufacturers.  As reported in our August 8, 2017, blog item, ClientEarth announced on July 31, 2017, that it filed a complaint with the Ombudsman about the EC’s “unlawful handling of a long-delayed list of nano-chemicals in...

The Organization for Economic Cooperation and Development (OECD) has published a March 23, 2018, report entitled Evaluation of in vitro methods for human hazard assessment applied in the OECD Testing Programme for the Safety of Manufactured Nanomaterials.  The Testing Program for the Testing of Manufactured Nanomaterials tested 11 manufactured nanomaterials to generate information, including their physico-chemical properties, environmental fate, and environmental and mammalian...

The Australian government is reforming the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) to make regulatory effort more proportionate to risk; promote safer innovation by encouraging the introduction of lower risk chemicals; and continue to protect workers, the public, and the environment from any harmful effects of industrial chemicals.  NICNAS has begun a public consultation on the following draft documents that, together with the Industrial...

U.S. Senate Minority Leader Charles E. Schumer (D-NY) on March 20, 2018, announced that, after his intervention, representatives from the U.S. Occupational Safety and Health Administration (OSHA), the U.S. Environmental Protection Agency (EPA), and the Department of Homeland Security (DHS) are working to create new protocols for communicating and training with local governments and first responders.  OSHA, EPA and DHS will convene the Chemical Facility Security and Safety Working...

By Lynn L. Bergeson On March 12, 2018, Valtra, a leading tractor manufacturer in the Nordic countries, announced that Neste MY Renewable Diesel would be used as the start-up fuel for all new tractors.  All new Valtra tractors will be delivered to customers with fuel that is produced from 100 percent renewable waste and residues and produces up to 90 percent less greenhouse gas emissions compared to fossil diesel fuel.  Furthermore, Neste MY will be used to fuel the forklifts...

By Lynn L. Bergeson On March 13, 2018, the Biotechnology Innovation Organization (BIO), a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that nominations for the fifth annual Rosalind Franklin Award for Leadership in Industrial Biotechnology are being accepted.  Each year, the award recognizes an outstanding woman in the industrial biotechnology sector who has made significant contributions to the advancement of the biobased economy and...

By Lynn L. Bergeson On March 13, 2018, the USDA Rural Business-Cooperative Service issued in the Federal Register a notice of solicitation of applications for the  Rural Energy for America Program (REAP) for fiscal year (FY) 2018.  The solicitation is being issued prior to the passage of a final appropriations act to allow time for the submission and review of applications within the current FY.  Information on the amount of funding received in any continuing resolution or...

By Lynn L. Bergeson On March 12, 2018, the U.S. Department of Agriculture (USDA) issued in the Federal Register a notice announcing the submission of an information collection request (ICR) on the guidelines for designating biobased products for federal procurement to the Office of Management and Budget (OMB). Pursuant to Section 9002 of the Farm Security and Rural Investment Act (FSRIA) of 2002, as amended by the Food, Conservation, and Energy Act (FCEA) of 2008, and the Agricultural Act...

The Scientific Committee on Consumer Safety (SCCS) announced on March 20, 2018, that the European Commission (EC) requested a scientific opinion on two coatings for titanium dioxide (nano form) (methicone and perfluorooctyl triethoxysilane) as an ultraviolet (UV)-filter in dermally applied cosmetic products.  In its July 2013 safety evaluation of titanium dioxide (nano), SCCS listed substances considered safe for use as coatings for titanium dioxide (nano).  SCCS stated that...

The European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced on March 20, 2018, that its preliminary opinion on colloidal silver (nano) is available for comment.  According to the preliminary opinion, the EC received 63 notifications of cosmetic products containing colloidal silver in nano form.  According to the applicants, the ingredient is used in nano uncoated form both in leave-on and rinse-off oral cosmetics products, including toothpastes and...

The European Chemicals Agency (ECHA) announced on March 15, 2018, a new website, “Chemicals in our life.”  The website is available in 23 European Union (EU) languages and “provides useful information on the benefits and risks of using chemicals and explains how the EU legislation on chemicals protects us.”  In its press release, ECHA notes that the website allows users to explore parts of the EU Observatory for Nanomaterials (EUON).  Several articles on nanomaterials...

On March 15, 2018, the National Institute for Occupational Safety and Health (NIOSH) announced the availability of the draft National Occupational Research Agenda for Respiratory Health for public comment.  The National Occupational Research Agenda (NORA) is a partnership program created to stimulate innovative research and improved workplace practices.  The draft NORA for Respiratory Health is the first NORA to address respiratory health, and it is intended to...

On February 8, 2018, the U.S. Government Accountability Office (GAO) issued a technology assessment report to congressional requestors entitled Chemical Innovation:  Technologies to Make Processes and Products More Sustainable.  GAO states it conducted this technology assessment “to explore, among other things, the opportunities, challenges, and federal roles in sustainable chemistry.”  This report discusses (1) how stakeholders define and assess sustainable chemistry;...

By Lynn L. Bergeson On March 6, 2018, a coalition of over 200 companies and trade associations sent a letter to the Agricultural Committee leaders in the House and Senate urging the reauthorization of and stable mandatory funding for the energy title programs in the next Farm Bill reauthorization.  The letter states that the Farm Bill energy title programs have greatly assisted rural America in developing clean, renewable energy, biobased products, and making energy efficiency...

By Lynn L. Bergeson On February 23, 2018, European Union (EU) ambassadors reached provisional agreements on the waste legislative package published by the European Commission in 2015.  The four legislative proposals include amendments to the: Waste Framework Directive; Packaging and Packaging Waste Directive; Landfill Directive; and End-of-Life Vehicles (ELV)/Batteries/Waste Electrical and Electronic Equipment (WEEE) Directives. ? The Waste Framework Directive and the Packaging and...

By Lynn L. Bergeson On February 27, 2018, the U.S. Department of Agriculture’s (USDA) National Institute of Food and Agriculture (NIFA) published its 2017 Annual Report:  User Inspired Science Transforming Lives.  The report provides an overview and examples of the many NIFA-funded research, extension, and education outcomes conducted by a broad range of partners, including academic and science organizations; small business and industry; agencies from all levels of...

By Lynn L. Bergeson On March 8, 2018, Senator Tom Udall (D-NM) and Representative Peter Welch (D-VT) introduced companion legislation (S. 2519, H.R. 5212) in the U.S. Senate and U.S. House of Representatives, respectively, to reform the Renewable Fuel Standard (RFS).  The Growing Renewable Energy through Existing and New Environmentally Responsible (GREENER) Fuels Act aims to: Phase out the corn ethanol mandate and immediately reduce the amount of ethanol in fuel by as much as one...

On February 22, 2018, the Superior Court of the State of California, County of Sacramento, issued a judgment granting petition for writ of mandate and declaratory and injunctive relief (Judgment) to suspend further chemical activities undertaken by the California Department of Food and Agriculture (CDFA) to control or eradicate pests under the Statewide Plant Pest Prevention and Management Program (the Project) until CDFA has certified a Program Environmental Impact Report (PEIR) that...

As reported in our March 13, 2018, blog item, on March 9, 2018, the National Institute for Occupational Safety and Health (NIOSH) published three documents in its Workplace Design Solutions series that address nanomaterials.  On March 12, 2018, NIOSH announced the availability of the new Workplace Design Solutions documents, as well as a poster, “Controlling Health Hazards When Working with Nanomaterials:  Questions to Ask Before You Start.”  According to NIOSH,...

On March 13, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public comment clarifying the circumstances under which EPA may disclose Toxic Substances Control Act (TSCA) confidential business information (CBI) with an expanded set of people.  Amended TSCA Section 14(d) expanded the categories of people to whom EPA may disclose TSCA CBI by specifically authorizing EPA to disclose TSCA CBI to state, tribal, and local governments; environmental,...

The National Institute for Occupational Safety and Health (NIOSH) began its Prevention through Design (PtD) initiative in 2007.  NIOSH states that its mission is to reduce or prevent occupational injuries, illnesses, and fatalities by considering hazard prevention in the design, re-design, and retrofit of new and existing workplaces, tools, equipment, and work processes.  On March 9, 2018, NIOSH published three documents in its Workplace Design Solutions series.  NIOSH recommends...

On March 8, 2018, the U.S. Environmental Protection Agency (EPA) announced its release of final guidance clarifying where first aid statements should appear on the label of pesticide products.  EPA also posted a response to public comments.  Links to the final guidance and to the response to public comments documents are below: First Aid Guidance Document -- EPA’s Guidance for Pesticide Registrants on Location of the First Aid Statement per 40 CFR 156.68. First Aid Guidance: Response...

On March 5, 2018, the European Commission (EC) announced the availability of a Communication to the European Parliament (EP), the Council of the European Union (EU), and the European Economic and Social Committee on the operation of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation.  The Communication includes proposals intended to facilitate further the implementation of REACH.  The scope of the EC’s evaluation includes a...

On March 9, 2018, as a first step in developing a proposed rule regulating certain persistent, bioaccumulative, and toxic (PBT) chemicals, the U.S. Environmental Protection Agency (EPA) announced that it is seeking nominations for individuals who represent small businesses, small governments, and small non-for-profit organizations to serve as Small Entity Representatives (SER) to provide input on potential impacts of PBT regulation.  EPA states the role of a SER is “to provide advice and...

On March 6, 2018, the U.S. Environmental Protection Agency (EPA) issued a proposed rule (pre-publication version available here) to add hazardous waste aerosol cans to the category of universal wastes regulated under the federal Resource Conservation and Recovery Act (RCRA) regulations (Title 40 of the C.F.R., Part 273), entitled Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations.  EPA cites as authority for this change Sections 2002(a), 3001, 3002, 3004, and...

On March 2, 2018, Lauren M. Graham, Ph.D., Manager of the Biobased and Renewable Products Advocacy Group (BRAG®), presented “Advocating for Commercialization of Biobased Products” at the 2018 Advanced Bioeconomy Leadership Conference (ABLC2018).  Dr. Graham presented as part of the “Federal Perspective & Programs Forum” alongside four other panelists.  Dr. Graham provided an overview of the Toxic Substances Control Act (TSCA) regulation impacting...

By Lynn L. Bergeson The National Science Foundation (NSF) awarded Grow Bioplastics, a University of Tennessee student start-up, a $225,000 Small Business Innovation Research (SBIR) grant.  The funding will support research and development on new biodegradable plastics from lignin.  The biobased plastic will be used for agricultural applications, such as plastic mulch.  Grow Bioplastics’ biodegradable film can be plowed into the soil after each use, offering a solution to the...

By Lynn L. Bergeson On March 1, 2018, the European Commission announced the approval of a €4.7 billion Italian support scheme for the production and distribution of advanced biofuels, including advanced biomethane, for use in the transport sector.  Under the scheme, producers of advanced biomethane and biofuels will receive a premium to compensate for higher production costs compared to fossil fuels.  The scheme will run from 2018 until 2022 and will be financed by transport fuel...

By Lynn L. Bergeson On February 25, 2018, the University of Illinois announced that the U.S. Department of Energy (DOE) awarded a $10.6 million grant for the Renewable Oil Generated with Ultra-productive Energycane (ROGUE) project.  The project is a collaborative effort between researchers from the University of Illinois, Brookhaven National Lab, University of Florida, and Mississippi State University.  ROGUE aims to transform sugarcane and Miscanthus into sustainable sources of...

On March 6, 2018, in the U.S. Court of Appeals for the D.C. Circuit, the Environmental Defense Fund (EDF) filed its Principal Brief in the litigation case that petitions for review the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements final rule (EDF v. EPA, No. 1701 (D.C. Cir.)). EDF’s brief includes, among other required statements, a statement of the issues, a statement of the case, a summary of...

On March 7, 2018, the U.S. Environmental Protection Agency (EPA) released a draft Strategic Plan to Promote the Development and Implementation of Alternative Test Methods to reduce the use of vertebrate animals in chemical testing, fulfilling another milestone under the Frank R. Lautenberg Chemical Safety for the 21st Century Act that amended the Toxic Substances Control Act (TSCA).  Under amended TSCA, EPA is required to develop a strategy to promote the development and...

The U.S. Consumer Product Safety Commission (CPSC) published a Federal Register notice on March 1, 2018, announcing that it will hold a public hearing on April 11, 2018, to receive comments about CPSC’s agenda and priorities for fiscal years (FY) 2019-2020.  CPSC’s Fiscal Year 2019 Performance Budget Request to Congress states that CPSC “will continue supporting nanotechnology research, coordinating with other federal agencies to extend limited...

On March 2, 2018, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) began a public consultation on its preliminary opinion on certain styrene/acrylates copolymer (nano) and sodium styrene/acrylates copolymer (nano).  The EC received eight notifications of cosmetic ingredients containing the copolymers in nano forms.  According to the preliminary opinion, the EC has concerns over the safety of the use of sodium styrene/acrylates copolymer (nano) and...

On February 28, 2018, the U.S. Environmental Protection Agency (EPA) announced the availability of three Group B -- Antimicrobial Efficacy Test Guidelines, under Series 810, Product Performance Test Guidelines.  The guidelines provide recommendations for the design and execution of laboratory studies to evaluate the effectiveness of antimicrobial pesticides against public health microbial pests.  83 Fed. Reg. 8666.  The three final guidelines are: OCSPP 810.2000 --...

By Lauren M. Graham, Ph.D. On February 20, 2018, the European Commission (EC) issued a notice of initiation of an expiry review of antidumping (AD) measures applicable to imports of U.S. bioethanol.  The AD duty that has been in place since 2013 was set to expire on February 23, 2018.  The European Renewable Ethanol Association (e-PURE) petitioned the EC on behalf of producers representing more than 25 percent of the total European Union (EU) bioethanol production to review the AD...