Blogs

On August 7, 2017, the U.S. Environmental Protection Agency (EPA) issued a press release stating that it has eliminated the new chemical backlog of over 600 chemicals:  “[t]he current caseload is back at the baseline and now in line with the typical active workload.”  The press release also announces improvements to new chemical safety reviews, which include operating principles, improvement of EPA’s Toxic Substances Control Act (TSCA) new chemicals program, and further...

ClientEarth announced on July 31, 2017, that it filed a complaint with the European Union (EU) Ombudsman about the European Commission’s (EC) “unlawful handling of a long-delayed list of nano-chemicals in cosmetics.”  As reported in our June 19, 2017, blog item, the EC published June 15, 2017, a catalog of nanomaterials used in cosmetic products on the EU market.  ClientEarth states that “[d]espite the lengthy delay, the list still does not let people...

On June 8, 2017, the European Commission (EC) published eight NanoData Landscape Compilation reports.  The EC states that the reports offer a snapshot of the environment for nanotechnology in different application fields: NanoData Landscape Compilation: Health:  This report offers a snapshot of the status of the environment for nanotechnology in the context of health.  Analysis of that environment, trends in the data, and the effects of European policies and actions...

Dr. Linda S. Birnbaum, Director, National Institute of Environmental Health Sciences (NIEHS), wrote an editorial in Environmental Health Perspectives on “Updating the NIEHS Strategic Plan.”  According to Birnbaum, NIEHS is developing a plan to guide its next five years and seeks broad input.  NIEHS has created an online survey, “Trends & Insights: Next Steps for NIEHS,” through which stakeholders can provide feedback on the existing Strategic Plan, as well as...

By Kathleen M. Roberts On July 25, 2017, the National Biodiesel Board (NBB) announced that the California Air Resource Board (CARB) certified a biodiesel additive that will make California B20 blends the cleanest diesel fuel with the lowest emissions profile available in the U.S.  The additive known as Branded VESTA™1000 reduces every measurable regulated emission, including nitrogen oxides (NOx), when blended with CARB diesel fuel, California’s unique clean-burning...

By Lauren M. Graham, Ph.D. On July 26, 2017, AkzoNobel, a member of BRAG, announced that its Specialty Chemicals business issued in final the first in a series of application agreements for biobased polymers from its collaboration with Itaconix, a specialty chemicals company and U.S. subsidiary of Revolymer.  AkzoNobel develops Itaconix’s proprietary polymers from itaconic acid for commercial use in the coatings and construction industries.  Peter Nieuwenhuizen, Research,...

By Kathleen M. Roberts On July 20, 2017, USDA released its technology transfer report for fiscal year 2016.  The report outlines the public release of information, tools, and solutions and the adoption and enhancement of research outcomes by collaborative partners and formal Cooperative Research and Development Agreements (CRADA) that occurred in 2016.   The report highlights several research initiatives by ARS scientists focused on supporting the bioeconomy, including:...

By Lauren M. Graham, Ph.D. On July 20, 2017, the U.S. Department of Agriculture's (USDA) National Institute of Food and Agriculture (NIFA) awarded 34 grants totaling $15.1 million for research on renewable energy, biobased products, and agroecosystems.  The grants, which are funded through the agency’s Agriculture and Food Research Initiative (AFRI), are expected to help develop the next generation of renewable energy, bioproducts, and biomaterials; protect the ecosystems...

By Lauren M. Graham, Ph.D. On July 26, 2017, the U.S. Environmental Protection Agency (EPA) published its analysis of the upstream greenhouse gas (GHG) emissions attributable to the production of sugar beets for use as a biofuel feedstock.  EPA considered a scenario in which non-cellulosic beet sugar is extracted for conversion to biofuel and the remaining beet pulp co-product is used as an animal feed.  Based on the findings, EPA anticipates that biofuels produced from sugar...

On August 3, 2017, the U.S. Environmental Protection Agency (EPA) published a notice on further nominations to the Science Advisory Committee on Chemicals (SACC).  EPA’s notice provides the names and affiliations of 64 additional candidates currently under consideration for appointment to SACC.  Biographical sketches for these candidates will be are posted on EPA’s website.  EPA will also be considering the 29 candidates for membership previously identified in...

On August 1, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of two final test method Standard Operating Procedures (SOP) for evaluating the efficacy of antimicrobial pesticides against two biofilm bacteria, Pseudomonas aeruginosa (P. aeruginosa) and Staphylococcus aureus (S. aureus): EPA Microbiology Laboratory Branch (MLB) SOP MB-19:  Growing a Biofilm using the CDC Biofilm Reactor; and EPA MLB SOP MB-20:  Single Tube Method for...

On July 20, 2017, the Trump Administration released its 2017 Unified Regulatory Agenda.  The U.S. Environmental Protection Agency’s (EPA) Agency Rule List included several pesticide rulemakings in the proposed rule stage, as well as the Certification of Pesticide Applicators rulemaking that is in the final rule stage.  The five items in the proposed rule stage are: RIN 2015-AA00:  Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in...

On July 20, 2017, the United States Department of Agriculture (USDA) National Institute of Food and Agriculture (NIFA) announced 13 grants worth $4.6 million for research on the next generation of agricultural technologies and systems to meet the growing demand for food, fuel, and fiber.  NIFA states that funded projects support nanotechnology-based solutions that improve food production, nutrition, sustainable agriculture, and food safety.  The announced grants include:...

On July 20, 2017, the Trump Administration released its 2017 Unified Regulatory Agenda.  The U.S. Environmental Protection Agency’s (EPA) Agency Rule List included many items under the Toxic Substances Control Act (TSCA), including six in the final rule stage, ten in the proposed rule stage, and one in the prerule stage.  The six items in the final rule stage are: RIN 2070-AK20:  Procedures for Evaluating Existing Chemical Risks Under the Toxic Substances Control...

By Lauren M. Graham, Ph.D. On July 19, 2017, SkyNRG, along with Carbon War Room (CWR) and the Port of Seattle, announced their recommendations for long-term funding mechanisms to supply all airlines at Seattle-Tacoma International Airport (Sea-Tac) with sustainable aviation biofuels.  Their report, titled “Innovative Funding For Sustainable Aviation Fuel At U.S. Airports:  Explored At Seattle-Tacoma International,” reviews a broad array of airport funding sources, the...

By Lauren M. Graham, Ph.D. On July, 19, 2017, Neste, a member of BRAG, issued a statement to congratulate California on its strong climate leadership supporting the transition to clean energy.  Neste stated that it looks forward to continuing to support the State's targets at curbing carbon emissions through its renewable products.    With a two-thirds majority, the California State Senate and Assembly voted to extend the State’s cap-and-trade program until 2030,...

By Lauren M. Graham, Ph.D. On July 14, 2017, the Royal Academy of Engineering (Academy) published a report on the sustainability pros and cons of biofuels, which was commissioned by the Department of Transport and the Department for Business, Energy and Industrial Strategy.  The report aims to provide advice on the future strategy for the development of biofuels in the United Kingdom (UK).  In its statement announcing the report, the Academy stated that biofuels, particularly...

By Kathleen M. Roberts On July 18, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its proposed rule on the Renewable Fuel Standard (RFS) Program:  Standards for 2018 and Biomass-Based Diesel Volume for 2019.  The rulemaking proposes the annual percentage standards for cellulosic biofuel, advanced biofuel, and total renewable fuel for motor vehicle gasoline and diesel produced or imported in 2018, as well as biomass-based diesel in 2019, as...

Scientists, executives, and investors gathered in Montreal, Canada on Tuesday evening for a fascinating and wide-ranging discussion on current issues facing bioeconomy leaders and innovators.  The reception, hosted by Bergeson & Campbell, P.C. (B&C®) and Sterne, Kessler, Goldstein & Fox P.L.L.C., included a brief question and answer (Q&A) session with Christine Lhulier, Corporate Counsel for DuPont Industrial Biosciences, Richard E. Engler, Ph.D., Senior Chemist with...

On July 17, 2017, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice announcing it submitted a proposed information collection to the Office of Management and Budget for review and approval.  The proposed project is “Survey of Engineered Nanomaterial Occupational Safety and Health Practices.”  As reported in our February 14, 2017, blog item, NIOSH invited comment on the proposed survey on February 10, 2017.  NIOSH will survey companies...

In July 2017, the European Commission’s (EC) Joint Research Center (JRC) published a report entitled Evaluation of the availability and applicability of computational approaches in the safety assessment of nanomaterials:  Final report of the Nanocomput project.  The main aims of the Nanocomput Project were to review and assess the current status of computational methods that are potentially useful for predicting the properties of engineered nanomaterials to provide advice on the use of...

The National Institute for Occupational Safety and Health (NIOSH) has published a chapter in the fifth edition of the NIOSH Manual of Analytical Methods (NMAM) entitled “Analysis of Carbon Nanotubes and Nanofibers on Mixed Cellulose Ester Filters by Transmission Electron Microscopy.”  The draft chapter provides standardized approaches for the analysis of carbon nanoparticles.  The chapter provides detailed guidance on effective means to perform transmission electron microscopic analysis...

Since July 20, 2017, when the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions, the entry for the U.S. Environmental Protection Agency’s (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances Control Act (TSCA) Section 8(a) reporting rule for nanoscale materials has been revised at least twice.  As reported in our July 20, 2017, blog item, the Unified Agenda item stated that the final rule effective date is “To Be Determined” (TBD).  On July...

The National Nanotechnology Initiative (NNI) will hold a webinar on July 27, 2017, entitled “The National Nanotechnology Coordinated Infrastructure (NNCI) Nodes and Environmental Research: Examples from the Field.”  The National Science Foundation (NSF) supports NNCI, which includes 16 user facility sites, their affiliated partners, and a coordinating office.  NNCI sites provide researchers, academics, small and large businesses, and government scientists with access to...

The BIO World Congress on Industrial Biotechnology will take place on July 23-26, 2017, at the Palais des congrès de Montréal.  Bergeson & Campbell, P.C. (B&C®) will co-host a Bioeconomy Leaders and Innovators Reception with Sterne, Kessler, Goldstein & Fox P.L.L.C. from 6:00-7:30 p.m. on July 25, 2017.  Enjoy cocktails and hors d’oeuvres while engaging with colleagues to exchange ideas and explore the prospect of establishing new partnerships. ...

By Lauren M. Graham, Ph.D. On July 11, 2017, the Energy Information Administration (EIA) issued its June Short-Term Energy Outlook (STEO).  EIA considered EPA’s recent rulemakings on the 2017 RFS volume requirements and proposed 2018 RFS volume requirements when developing its STEO for 2017 and 2018.    Biodiesel production averaged 101,000 barrels per day (b/d) in 2016, and, according to EIA, is expected to increase to an average of 105,000 b/d in 2017 and to 109,000...

By Lauren M. Graham, Ph.D. Renewable Industries Canada (RICanada), a principal stakeholder representing Canadian producers of clean-burning renewable fuels, announced that the Quebec Government’s 2017-2020 Action Plan under the 2030 Energy Policy included, for the first time, renewable fuel volume requirements for fuels such as ethanol and biodiesel.  The renewable fuel blending requirement was set at 5% for gasoline and 2% diesel and is expected to increase after 2020. ...

By Lauren M. Graham, Ph.D. On July 11, 2017, DOE announced the selection of three projects focused on reducing the costs of producing algal biofuels and bioproducts that will receive up to $8 million in funding.    The projects aim to generate high-impact tools and techniques for increasing the productivity of algae organisms and cultures and biology-focused breakthroughs.  The project winners include: Lumen Bioscience, which will work with the National Renewable Energy...

By Lauren M. Graham, Ph.D. On July 17, 2017, the U.S. Secretary of Energy Rick Perry announced that $40 million in Department of Energy (DOE) awards will be used to establish four DOE Bioenergy Research Centers (BRC) to be led by a DOE National Laboratory or top university.  Each BRC will focus on laying the scientific groundwork for a new biobased economy by providing scientific breakthroughs for a new generation of sustainable, cost-effective bioproducts and bioenergy. ...

By Kathleen M. Roberts The U.S. Environmental Protection Agency (EPA) will hold a public hearing on the Renewable Fuel Standard [RFS] Program: Standards for 2018 and Biomass-Based Diesel Volume for 2019 proposed rule.  The hearing will take place at 9:00 a.m. on August 1, 2017, and will provide an opportunity for EPA to gather data, views, and arguments on the proposed rulemaking from interested stakeholders.  While EPA does not plan to respond to presentations, the Agency may ask...

On July 20, 2017, the U.S. Environmental Protection Agency (EPA) published two of the three Toxic Substances Control Act (TSCA) framework final rules in the Federal Register: Procedures for Chemical Risk Evaluation; and Procedures for Prioritization of Chemicals for Risk Evaluation. These rules will become effective on September 18, 2017. The TSCA Inventory Notification (Active-Inactive) Reporting Requirements final rule has not yet been published.  EPA also published...

On July 18, 2017, a panel of three judges at the U.S. Court of Appeals for the Ninth Circuit issued an order denying petitioners’ Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) (Petitioners) Motion for Further Mandamus in the chlorpyrifos proceedings.  In that motion, Petitioners asked the court to grant further mandamus relief, asserting that the U.S. Environmental Protection Agency’s (EPA) denial of Petitioners’ petition to revoke all...

On July 20, 2017, the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions.  The Agenda includes a U.S. Environmental Protection Agency (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances Control Act (TSCA) Section 8(a) reporting rule for nanoscale materials.  According to the Agenda item, the final rule effective date is “To Be Determined” (TBD).  The January 12, 2017, final rule requires one-time reporting for existing...

The Journal of Nanobiotechnology published a special issue on the outcome of Switzerland’s five-year National Research Program on the “Opportunities and Risks of Nanomaterials” (NRP 64).  The editorial states that the Program’s primary goal was to investigate potential applications of existing nanomaterials in healthcare, the consumer industry, and in the environment, and to identify, characterize, and minimize the possible risks associated with their...

The BIO World Congress on Industrial Biotechnology takes place July 23-26, 2017, at the Palais des congrès de Montréal.  Bergeson & Campbell, P.C. (B&C®) will co-host a Bioeconomy Leaders and Innovators Reception with Sterne, Kessler, Goldstein & Fox P.L.L.C. from 6:00-7:30 p.m. on July 25, 2017.  Enjoy cocktails and hors d’oeuvres while engaging with colleagues to exchange ideas and explore the prospect of establishing new partnerships. ...

By Lauren M. Graham, Ph.D. On June 30, 2017, the National Academies of Sciences, Engineering, and Medicine (NAS) released the final version of its report Preparing for Future Products of Biotechnology, which is the result of a collaboration by a committee of experts convened by NAS.  The report provides an overview of the committee’s discussion on “the future products of biotechnology that are likely to appear on the horizon, the challenges that the regulatory agencies...

By Kathleen M. Roberts On July 5, 2017, the U.S. Environmental Protection Agency (EPA) issued proposed volume requirements under the Renewable Fuel Standard (RFS) program for cellulosic biofuel, advanced biofuel, and total renewable fuel for 2018, as well as biomass-based diesel for 2019.  The proposal lowers the blending requirement for all renewable fuel with the exception of biomass-based diesel, which maintains the 2017 blending requirement.  The proposed volume requirements...

By Lauren M. Graham, Ph.D. On June 29, 2017, Representatives Bill Pascrell (D-NJ), Ryan Costello (R-PA), Brian Fitzpatrick (R-PA), and Linda Sánchez (D-CA) introduced the Renewable Chemicals Act of 2017 to the House.  If enacted, the legislation would create a targeted, short-term tax credit for the production of qualifying renewable chemicals from biomass and for investments in renewable chemical production facilities.  The tax credit would be provided based on job...

On July 10, 2017, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a direct final rule, Significant New Use Rule on Certain Chemical Substances, noting the  issuance of  significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 29 chemical substances that were the subject of premanufacture notices (PMN) and subject to consent orders under TSCA Section 5(e).  These are the first rules with consent orders negotiated...

On June 30, 2017, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Center for Biological Diversity (CBD), et al. v. U.S. Environmental Protection Agency (EPA), Case No. 14-1036, resolving jurisdictional and substantive issues following complaints alleging that EPA violated Section 7(a)(2) of the Endangered Species Act (ESA) by failing to make an effects determination or to consult with the U.S. Fish and Wildlife Service (FWS) or the National Marine...

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale.  According to a pre-publication version of the final rule, manufacturers and processers, or persons who intend to manufacture or process these chemical...

In June 2017, the U.S. Environmental Protection Agency (EPA) issued a draft Office of Chemical Safety and Pollution Prevention (OCSPP) National Program Manager Guidance for Fiscal Year (FY) 2018-2019, which sets forth the strategies and actions that EPA and its state and tribal partners will undertake to protect human health and the environment via six key programmatic activities.  EPA uses an Annual Commitment System (ACS) to track annual regional performance information and...

According to the July 7, 2017, issue of the Chemicals Management Plan Progress Report, Health Canada and Environment and Climate Change Canada are in the process of prioritizing nanoscale forms of substances on the Domestic Substances List.  As reported in our July 27, 2015, blog item, Canada conducted a mandatory information-gathering survey under Section 71 of the Canadian Environmental Protection Act, 1999.  Canada states that the survey identified 53 substances as...

On July 7, 2017, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of the scope documents for the risk evaluations of the first ten chemicals that it will be conducting under the amended Toxic Substances Control Act (TSCA).  82 Fed. Reg. 31592.  The notice states that each scope document includes “the hazards, exposures, conditions of use, and the potentially exposed or susceptible subpopulations the EPA expects to...

To assist the International Agency for Research on Cancer (IARC) in selecting agents for review in future Monographs, IARC regularly convenes international, interdisciplinary Advisory Groups to review all public nominations and to recommend those it considers to be of high priority.  According to information on its website, IARC will convene its next Advisory Group in 2018/2019.  IARC encourages the general public, the scientific community, national health agencies, and...

On June 30, 2017, the European Chemicals Agency (ECHA) Board of Appeal published two decisions related to nanomaterials.  In the July 5, 2017, issue of ECHA Weekly, ECHA states that the Board of Appeal “largely upheld the appeals and annulled most of the requests for information.”  In Cases A-014-2015 and A-015-2015, registrants appealed the same 2015 ECHA decision requesting information on synthetic amorphous silica (SAS) following a substance evaluation by the Netherlands Competent...

On June 1, 2017, in the People’s Republic of China (China), the newly revised Regulation on Pesticide Administration (RPA) became effective.  The newly revised RPA was approved during the 164th executive meeting of the State Council of China on February 8, 2017, and published as Decree Number 677 of the State Council of China (China Decree 677) on April 1, 2017.  It requires the Ministry of Agriculture (MOA) to formulate relevant rules and measures for its implementation....

The Center for the Environmental Implications of NanoTechnology (CEINT) seeks comments on the NANoREG-proposed ISA-TAB-nano templates.  According to CEINT, the ISA-TAB-nano file sharing format, developed under the National Cancer Informatics Program Nanotechnology Working Group (NCIP NanoWG), is an accepted ASTM standard (ASTM International E2909-13).  In 2016, the European Union NANoREG project adopted and adapted the ISA-TAB-nano format to organize consistently the results...

By Lynn L. Bergeson and Margaret R. Graham On June 30, 3017, the National Academies of Sciences, Engineering, and Medicine (NAS) released its final version of its report Preparing for Future Products of Biotechnology, which it states “analyzes the future landscape of biotechnology products and seeks to inform forthcoming policy making [and] … identifies potential new risks and frameworks for risk assessment and areas in which the risks or lack of risks relating to the products of...

On June 14, 2017, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the availability of a final test guideline, Laboratory Product Performance Testing Methods for Bed Bug Pesticide Products; OCSPP Test Guideline 810.3900, part of a series of test guidelines established by the EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) for use in testing pesticides and chemical substances.  82 Fed. Reg. 27254.  EPA states that this...