Blogs

On November 9, 2017, the U.S. Environmental Protection Agency (EPA) released the agenda and meeting materials for its December 6, 2017, New Chemicals Review Program Implementation meeting.  NOTE WELL: This is a critically important meeting for companies that innovate in the chemical space and are now preparing Toxic Substance Control Act (TSCA) Premanufacture Notifications (PMN) or will in the future.  EPA states that this meeting will update and engage with the public on...

The European Chemicals Agency (ECHA) will have six sessions at the Society of Environmental Toxicology and Chemistry (SETAC) Europe, which will be held May 13-17, 2018, in Rome, Italy.  ECHA’s sessions will include one on recent developments in regulatory science and environmental risk assessment of nanomaterials.  To support the session, ECHA welcomes abstracts on experience gained in environmental hazard and risk assessment of nanomaterials illustrated by case studies.  Presentations...

On November 9, 2017, the U.S. Environmental Protection Agency (EPA) released the agenda and meeting materials for its December 6, 2017, New Chemicals Review Program Implementation meeting.  NOTE WELL: This is a critically important meeting for companies that innovate in the chemical space and are now preparing Toxic Substance Control Act (TSCA) Premanufacture Notifications (PMN) or will in the future.  EPA states that this meeting will update and engage with the public on...

By Lauren M. Graham, Ph.D. On November 1, 2017, DOE, along with Israel’s Ministry of Energy (MOE) and the Israel Innovation Authority, awarded $4.8 million in funding to five Binational Industrial Research and Development (BIRD) Energy projects.  The five projects represent the ninth selection of BIRD Energy projects and span the fields of hydrogen storage, advanced biofuels, sustainable transportation, and energy efficiency.  Despite the diversity among the topic areas, all...

By Lauren M. Graham, Ph.D. The U.S. Department of Energy’s (DOE) Bioenergy Technology Office (BETO) is hosting an Advanced Development and Optimization (ADO) Workshop on December 12-13, 2017, in Golden, Colorado.  At the workshop, BETO intends to discuss how the new ADO program area can best serve stakeholders in developing the bioenergy industry, and to raise awareness of existing assets from past investments and discuss future needs and opportunities for maximizing these...

By Kathleen M. Roberts On October 25, 2017, bipartisan legislation aimed at leveling the playing field between renewable and fossil fuels was re-introduced in the Senate and House of Representatives.  Senator Chris Coons (D-DE), along with eight bipartisan co-sponsors, introduced the Master Limited Partnerships Parity Act (S. 2005) in the Senate.  Representative Ted Poe (R-TX), along with six co-sponsors, introduced similar legislation (H.R. 4118) in the House.  The...

By Lauren M. Graham, Ph.D. Industrial Biotechnology recently published a special issue to highlight the advances and challenges in algae-based products and applications.  The article, written by B&C® Consortia Management, L.L.C. (BCCM) affiliate Bergeson & Campbell, P.C. (B&C®) Managing Partner, Lynn L. Bergeson; B&C Senior Chemist, Richard E. Engler, Ph.D.; and BCCM Manager, Lauren M. Graham, Ph.D., examines the complex regulatory domain and discusses the...

The Organization for Economic Cooperation and Development published a November 7, 2017, report entitled Consumer and Environmental Exposure to Manufactured Nanomaterials — Information used to characterize exposures:  Analysis of a Survey.  The report provides a “light analysis” of the results of a Working Party on Manufactured Nanomaterials (WPMN) survey on consumer and environmental exposures to manufactured nanomaterials.  The survey, initiated in 2015, was designed...

On Friday, November 3, 2017, the California Department of Pesticide Regulation (DPR) issued guidance (California Notice 2017-13) that DPR indicates is intended to align DPR policy with the U.S. Environmental Protection Agency’s (EPA) guidance on secondary container labeling for pesticides.  DPR’s guidance states that secondary containers are used by the pesticide industry as part of the process of applying pesticides and “cannot be sold or distributed.”  The guidance further...

By Lynn L. Bergeson and Margaret R. Graham On November 7, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a notice in the Federal Register (82 Fed. Reg. 51582) stating that it was withdrawing its January 19, 2017, proposed rule on the importation, interstate movement, and environmental release of certain genetically engineered (GE) organisms to “update the regulations in response to advances in genetic engineering and...

On October 12, 2017, the German Federal Institute for Risk Assessment (BfR) published questions and answers (Q&A) regarding a study on whether nanometric pigments from tattoo inks can permanently accumulate in lymph nodes.  BfR states that by using X-rays from a particle accelerator in Grenoble, it discovered where the pigments accumulate in the tissue.  According to BfR, until now, the accumulation of pigments from tattooed persons has been known by optical coloring of the lymph nodes...

On November 6, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice in the Federal Register in which it will announce two meetings to discuss implementation activities under the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 20th Century Act, as well as request public comments.  The meetings are: New Chemicals Review Program Implementation Meeting:  December 6, 2017, from...

By Lauren M. Graham, Ph.D. On October 24, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that it was the only energy company to reach the Leadership-class ranking in three Climate Disclosure Project (CDP) programs.  Neste received an A- ranking in the CDP Climate, CDP Forests, and CDP Water programs.  CDP is a not-for-profit organization that manages a global disclosure system allowing companies, cities, states, and regions to...

By Lauren M. Graham, Ph.D. On October 25, 2017, the U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding an open meeting of the Biomass Research and Development Technical Advisory Committee.  The meeting will take place November 15-16, 2017, in Washington D.C., and will focus on developing advice and guidance that promotes research and development (R&D) for the production of biobased...

By Kathleen M. Roberts On October 19, 2017, the U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt sent a letter to Senators Joni Ernst (R-IA), Charles Grassley (R-IA), Pat Roberts (R-KS), John Thune (R-SD), Mike Rounds (R-SD), Deb Fischer (R-NE), and Ben Sasse (R-NE) to confirm his commitment to support the spirit and the letter of the Renewable Fuel Standard (RFS) program.  In the letter, Pruitt stated that, following a detailed analysis, numerous stakeholder...

By Lauren M. Graham, Ph.D. On October 18, 2017, Senator Debbie Stabenow (D-MI) introduced to the Senate the Renewable Chemicals Act of 2017 (S. 1980), which aims to establish a short-term tax credit for the production of renewable chemicals and for investment in renewable chemical production facilities.  If enacted, the legislation would allow taxpayers to claim a production credit equal to $0.15 per pound of biobased content of each renewable chemical produced.  In lieu of the...

On October 5, 2017, the United Kingdom’s (UK) Parliamentary Office of Science and Technology (POST) published a POSTnote entitled “Risk Assessment of Nanomaterials.”  According to POST, key points include: Nanomaterial uses and benefits are diverse and increasing, such as in cosmetics, textiles, electronics, and medicine; Current regulatory frameworks applicable to nanomaterials within the UK are mainly set at the European Union (EU) level; There are some indications of potential...

In October 2017, the International Organization for Standardization (ISO) published standard ISO/TR 19057:2017, “Nanotechnologies — Use and application of acellular in vitro tests and methodologies to assess nanomaterial biodurability.”  The standard reviews the use and application of acellular in vitro tests and methodologies implemented in the assessment of the biodurability of nanomaterials and their ligands in simulated biological and environmental media.  It is intended to focus...

The Organization for Economic Cooperation and Development (OECD) has posted an October 30, 2017, report entitled Strategies, Techniques and Sampling Protocols for Determining the Concentrations of Manufactured Nanomaterials in Air at the Workplace.  The objective of the report is to contribute to existing knowledge regarding methods for measuring characteristics of airborne nanoparticles and controlling occupational exposure to airborne nanoparticles, and to gather data on nanoparticle...

On October 24, 2017, the Nanotechnology Industries Association (NIA) held a webinar on Safe by Design for Nanomaterials.  The webinar was open to all actors interested in nanomaterials and their safe management throughout their lifecycle, using the principles of Safe by Design from the earliest development stages.  The webinar included the following presentations: Session 1:  Introduction to Safe by Design EU Research Strategy — Nanotechnologies and Advanced Materials 2018-2020:...

On October 26, 2017, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a public meeting on November 2, 2017, from 9:00 a.m. to 5:00 p.m. (EST) to obtain input from interested parties and the public on its development of a Strategic Plan to promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing.  EPA is required under Section 4(h) of the Toxic Substances Control Act...

By Lauren M. Graham, Ph.D. On October 19, 2017, the Biotechnology Innovation Organization (BIO), an Associate member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that it and its member companies sent a letter to the House and Senate Committees on Agriculture requesting the reauthorization of the Farm Bill’s Biorefinery, Renewable Chemical, and Biobased Manufacturing Assistance Program (Section 9003).  According to the letter, “[s]everal...

By Kathleen M. Roberts On October 17, 2017, the USDA’s National Institute of Food and Agriculture (NIFA) announced the recipients of 17 grants totaling $7.3 million for projects focused on the development of next generation agricultural technologies and systems to meet the growing demand for food, fuel, and fiber.  Funding is provided by NIFA’s Agriculture and Food Research Initiative (AFRI), as authorized by the 2014 Farm Bill.  Recipients include: Auburn University,...

By Lauren M. Graham, Ph.D. On October 17, 2017, the U.S. Department of Energy’s (DOE) Office of Fossil Energy issued a $26 million funding opportunity announcement (FOA) for cost-shared research and development projects that support the DOE Carbon Capture Program’s goal of broad, cost-effective carbon capture deployment.  The Novel and Enabling Carbon Capture Transformational Technologies FOA consists of two areas of interest, specifically: Development of novel...

By Lauren M. Graham, Ph.D. On October 17, 2017, Congressman Jimmy Panetta (D-CA), Congressman Neal Dunn, M.D. (R-FL), and 77 additional House members sent a bipartisan letter to the U.S. Department of Agriculture (USDA), U.S. Food and Drug Administration (FDA), and U.S. Environmental Protection Agency (EPA) to urge the agencies to work together to promote innovative new technologies aimed at increasing crop yields and reducing the cost of production.  According to Congressman Panetta,...

On October 26, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a proposed rule on reporting requirements for the Toxic Substances Control Act (TSCA) mercury inventory.  82 Fed. Reg. 49564.  Under TSCA Section 8(b)(10)(B), the mercury inventory, which includes mercury “supply, use, and trade” in the United States, is required to be published every three years.  Information on the 2017 mercury inventory report is available in our...

The European Trade Union Institute (ETUI) recently published a policy brief entitled “EU Observatory for Nanomaterials:  a constructive view on future regulation.”  The policy brief provides information about the European Union (EU) Observatory for Nanomaterials (EUON), how it is being developed, its limitations, and “why it is not an ideal option.”  According to the policy brief, the absence of risk information regarding nanomaterials in safety data sheets (SDS) “is one of the main...

On October 25, 2017, the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) announced that the U.S. Food and Drug Administration (FDA), in coordination with the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) and OPP, will be holding two public meetings to discuss FDA’s Agricultural Biotechnology Education and Outreach Initiative.  The meetings will be held in Charlotte, North Carolina on November 7,...

On October 25, 2017, the Senate Environment and Public Works (EPW) Committee confirmed the nominations of four U.S. Environmental Protection Agency (EPA) officials:  Michael Dourson, Ph.D., for Assistant Administrator (AA) of the Office of Chemical Safety and Pollution Prevention (OCSPP); William Wehrum, Esquire, for AA of the Office of Air and Radiation (OAR), Matthew Leopold, Esquire, for General Counsel, and David Ross, Esquire for AA of the Office of Water (OW).  Dourson and...

As reported in our October 20, 2017, memorandum, “California and New York Require Manufacturers to Disclose Ingredients in Cleaning Products,” on April 25, 2017, New York Governor Andrew Cuomo (D) announced the Household Cleansing Product Information Disclosure Program.  The Program will require manufacturers of household cleansing products sold in New York to disclose the chemical ingredients on their websites.  Under the draft 2017 Household Cleansing Product Information Disclosure...

On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced that it had reached an agreement with Monsanto, BASF, and DuPont on measures “to further minimize the potential for drift to damage neighboring crops from the use of dicamba formulations used to control weeds in genetically modified cotton and soybeans,” and “new requirements for the use of dicamba ‘over the top’ (application to growing plants) will allow farmers to make informed choices for seed purchases...

The U.S. Senate Committee on Environment and Public Works (EPW) has rescheduled its Committee Business Meeting to vote on nominees to the U.S. Environmental Protection Agency (EPA) for October 25, 2017, at 10:00 a.m. (EDT).  The EPA nominees are:  Michael Dourson, Ph.D., for Assistant Administrator (AA) of the Office of Chemical Safety and Pollution Prevention (OCSPP); William Wehrum, Esquire for AA of the Office of Air and Radiation (OAR), Matthew Leopold, Esquire, for...

The Sixth Sustainable Nanotechnology Organization (SNO) Conference will be held November 5-7, 2017, in Los Angeles, California.  According to SNO, the Conference sessions represent a hybrid of topics on selected “systems” that contribute to sustainability and more traditional topics.  Sessions will be populated with talks on applications, effects and implications, analytical methods, and lifecycle aspects of nanomaterials within each system.  The aims are to...

On October 13, 2017, Petitioners League of United Latin American Citizens (LULAC), et al. filed a motion to expedite briefing and hearing in League of United Latin American Citizens v. Pruitt, Case No. 17-71636 (9th Cir. June 5, 2017).  In their motion, Petitioners request that the court “expedite proceedings because of the harm being caused by [U.S. Environmental Protection Agency (EPA)] Administrator Pruitt leaving chlorpyrifos tolerances in effect when he did not and...

By Lauren M. Graham, Ph.D. Researchers at DOE’s Ames Laboratory are experimenting with chemical reactions that will provide an economical method of deconstructing lignin into stable, readily useful components.  Lignin is the second largest renewable carbon source on the planet, making it of interest to researchers focused on developing biofuels and bioproducts.  Currently, lignin is processed via pyrolysis or the use of an acid and high heat.  Both processes are...

By Lauren M. Graham, Ph.D. On October 9, 2017, American Process Inc. and Byogy Renewables, Inc. announced the launch of Phase 1 of its “Advanced Biofuels and Bioproducts with AVAP (ABBA)” project following the completion of negotiations with the U.S. Department of Energy (DOE).  American Process received $3.7 million in funding for ABBA from DOE under the “Project Definition for Pilot- and Demonstration-Scale Manufacturing of Biofuels, Bioproducts, and...

By Lauren M. Graham, Ph.D. On October 12, 2017, Edeniq, Inc., a leading cellulosic and biorefining technology company, announced that Flint Hills Resources, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), received approval from EPA for cellulosic ethanol production at its Iowa Falls ethanol plant.  The 100 million gallons per year plant will use Edeniq’s Pathway technology to produce the cellulosic ethanol and will be eligible to qualify its cellulosic...

By Kathleen M. Roberts On October 10, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its final rule establishing exemptions for a tolerance limit to use tall oil fatty acids (TOFA) as an inert ingredient “[‌i]n pesticide formulations applied to growing crops and raw agricultural commodities after harvest; in pesticides applied in/on animals, and in antimicrobial formulations for food contact surfaces.”  Pursuant to Section...

The U.S. Environmental Protection Agency published on October 19, 2017, a direct final rule promulgating significant new use rules (SNUR) for 29 chemical substances that were the subject of premanufacture notices (PMN).  The 29 chemical substances are subject to consent orders issued by EPA under Section 5(e) of the Toxic Substances Control Act.  The direct final rule includes a SNUR for multi-walled carbon nanotubes (MWCNT) (generic) (PMN Numbers P-15-487, P-15-488,...

On October 17, 2017, the U.S. Environmental Protection Agency (EPA) issued a “Quick Guide for Disinfectant Products for Drinking Water Use by Public Water Systems” (Quick Guide) which it states was developed “in response to requests to help prospective pesticide registrants gain a basic understanding of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) product registration process and how it relates to the Safe Drinking Water Act (SDWA) requirements.”  Further,...

On October 18, 2017, the Senate Environment and Public Works (EPW) Committee postponed a scheduled business meeting to vote on the nominations of four U.S. Environmental Protection Agency (EPA) officials:  Michael Dourson, Ph.D., for Assistant Administrator (AA) of the Office of Chemical Safety and Pollution Prevention (OCSPP); William Wehrum, Esquire for AA of the Office of Air and Radiation (OAR), Matthew Leopold, Esquire, for General Counsel, and David Ross, Esquire for AA of the Office...

On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which will require manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website.  More information on S.B. 258 is available in our memorandum “California Bill Would Require Disclosure of Cleaning Product Ingredients” and on our blog under key word cleaning products....

The Organization for Economic Cooperation and Development (OECD) published a report entitled Silver Nanoparticles:  Summary of the Dossier.  The Summary states that Korea led the testing of silver nanoparticles under OECD’s Sponsorship Program for the Testing of Manufactured Nanomaterials.  OECD published the dossier on silver nanoparticles in 2016, and the seven-part dossier identifies the U.S. as co-lead.  The Summary includes information on physical and chemical properties; general...

On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance Pesticide Registration Notice (PR Notice) 2017-XX: Notifications, Non-notifications and Minor Formulation Amendment issued on September 6, 2017.  Comments now must be received by EPA on or before December 5, 2017.  The notice states that it will “allow stakeholders additional time to submit comments on the proposed...

By Lynn L. Bergeson and Margaret R. Graham On October 15, 2017, California Governor Jerry Brown signed California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website.  The final version of S.B. 258 was passed by the California Senate on September 13, 2017, by a vote of 27 to 13.  The California Assembly passed...

It is widely reported that California Governor Jerry Brown imminently will sign California Senate Bill (S.B.) 258, the Cleaning Product Right to Know Act of 2017, which would require manufacturers of cleaning products to disclose certain chemical ingredients on the product label and on the manufacturer’s website.  The final version of S.B. 258 was passed by the California Senate on September 13, 2017, by a vote of 27 to 13.  The California Assembly passed the bill by a vote of 55 to...

The European Union (EU) NanoSafety Cluster will hold the first in a series of webinars on November 20, 2017.  The series will introduce the EU NanoSafety Cluster’s work and the key outcomes from its projects.  The first webinar will present the EU NanoSafety Cluster, what it does, and provide examples of its work.  Future webinars, which will be held every four months, will cover important project outcomes and their impact on the safe development of nanomaterials to consumers across all...

By Lauren M. Graham, Ph.D. On October 5, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the publication of its business environment outlook titled “Taking Action on Climate Change.”  The report provides an overview of key changes taking place in the energy, transport, and chemicals markets and of select drivers of such change.  The report highlights the role biofuels can play in reducing emissions from the road,...

By Kathleen M. Roberts The Maryland Energy Administration (MEA) issued a $3,500,000 funding opportunity for projects that use animal waste to generate electricity while reducing the environmental impacts that animal wastes can have on Maryland’s natural resources.  The Animal Waste to Energy Grant Program (AWE Grant Program) will target on-farm or pilot scale projects with capacities of less than 2 MW and community or regional scale projects with capacities of greater than 2...

By Lauren M. Graham, Ph.D. A collaboration between researchers at the Department of Energy's (DOE) Pacific Northwest National Laboratory (PNNL) and Washington State University (WSU) has led to the development of a method for converting hydrothermal liquefaction wastewater into a usable and valuable commodity.  The method utilizes the byproduct wastewater stream from the continuous thermo-chemical process that PNNL researchers developed to produce biocrude from algae.  The...