Blogs

On April 26, 2017, France’s National Research and Safety Institute (INRS) published a press release announcing the availability of an English summary of a foresight study conducted in 2014 on the development of nanomaterials by 2030 and the consequences on safety and health in small businesses in France.  Four scenarios were envisioned: (1)       Strong and successful commitment from both state and industry:  massive development; Economy...

The International Agency for Research on Cancer (IARC) announced on May 19, 2017, publication of Volume 111 of the IARC Monographs, Some Nanomaterials and Some Fibres.  The Monograph contains evaluations of the carcinogenic hazard to humans of fluoro-edenite fibrous amphibole, silicon carbide fibers and whiskers, and carbon nanotubes.  As reported in our November 3, 2014, blog item, a summary of the findings was published in The Lancet Oncology in...

Germany’s Federal Institute for Occupational Safety and Health (BAuA) has published the final report for the project “Methodology for the Identification of Granular Biopersistent Particles (GBP) at Workplaces.”  The final report states that the category includes respirable granular biopersistent particles without known significant specific toxicity.  This category comprises various materials such as minerals, metals, metal oxides, or polymers that show a negligible...

On May 23, 2017, the U.S. Environmental Protection Agency (EPA) submitted its final rulemaking on the Procedures for Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act (TSCA) to the Office of Management and Budget (OMB) for review and approval.  In the proposed rule, EPA describes the processes for identifying potential candidates for prioritization, selecting a candidate, screening that candidate against certain criteria, formally initiating the...

On May, 24, 2017, the California Department of Pesticide Regulation (DPR) issued guidance regarding its Notice 2015-13 to applicants registering pesticide impregnated materials bearing pesticide claims to be sold and distributed into or within California, per Notice 2015-13, issued December 11, 2015.  Each retailer (or authorized representative) of an affected product must submit an Application for Pesticide Registration (DPR-REG-030) to DPR by July 1, 2017.  The...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, released today by the American Bar Association (ABA).  This new book is a comprehensive guide to the substantial revisions to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, to produce “new TSCA,” amending and replacing “old...

On May 24, 2017, the U.S. House of Representatives passed H.R. 953, the Reducing Regulatory Burdens Act of 2017, by 256-165 vote.  H.R. 953, which is similar to bills introduced in the past three congresses, would overturn a 2009 U.S. Court of Appeals for the Sixth Circuit decision requiring Clean Water Act (CWA) National Pollutant Discharge Elimination System (NPDES) permits for pesticide spraying activities into, over, or near waters.  The legislation would eliminate NPDES...

By Lauren M. Graham, Ph.D. On May 15, 2017, the Fraunhofer Institute for Environmental, Safety, and Energy Technology UMSICHT (Fraunhofer UMSICHT) announced the launch of TO-SYN-FUEL, a project involving 12 industrial, scientific, and small and medium-sized enterprise (SME) partners focused on building up, operating, and demonstrating the production of synthetic fuels and green hydrogen from waste biomass.  TO-SYN-FUEL is funded by the European Union’s Horizon 2020 program and...

By Kathleen M. Roberts On May 12, 2017, the Iowa Biodiesel Board (IBB) praised Governor Terry Branstad for signing into law the Rebuild Iowa Infrastructure Fund bill (HF 643), which provides $3 million in funding for the Renewable Fuels Infrastructure Program.  IBB stated that it, along with industry partners, worked closely with legislature to ensure the funding language was included in Iowa’s budget, and acknowledged Branstad for being a steadfast supporter of funding renewable...

By Lauren M. Graham, Ph.D. On May 18, 2017, the Department of Energy (DOE) announced that the abstract submission deadline for its tenth annual Bioeconomy 2017: Domestic Resources for a Vibrant Future conference has been extended.  Abstracts for the Bioeconomy 2017 Interactive Poster Session and Open Technical Session will be accepted until May 26, 2017.  All posters are required to feature an interactive element, such as voting or polling, social media, games and challenges,...

By Lauren M. Graham, Ph.D. On May 10, 2017, the U.S. Environmental Protection Agency (EPA) released Renewable Identification Numbers (RIN) generation data for April 2017, reporting that nearly 1.5 billion RINs were generated during the month.      Nearly 17.3 million D3 cellulosic biofuel RINs were generated in April, bringing the total for 2017 to 49.9 million, including 1.3 million D3 RINs generated for ethanol, 17.9 million generated for renewable liquefied...

The European Chemicals Agency (ECHA) announced on May 24, 2017, publication of five documents that it intends to help registrants preparing dossiers that cover nanoforms ahead of the 2018 registration deadline under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation.  ECHA published two new guidance documents: Nano-specific appendix to Chapter R.6 of the Guidance on information requirements and chemical safety assessment...

In a May 11, 2017, letter from U.S. Environmental Protection Agency (EPA) Acting Assistant Administrator Wendy Cleland-Hamnett to the CEO of the National Association of State Departments of Agriculture (NASDA) posted by Bloomberg’s BNA Daily Environment Report, Cleland-Hamnett states that it is appropriate to grant NASDA’s request to delay implementation of all revised provisions to the agricultural Worker Protection Standard (WPS) “until the necessary guidance and training have been...

On June 1, 2017, in concert with industry partners, SEMI will host an information-sharing webcast concerning the new regulatory requirements for nanoscale materials under the Toxic Substances Control Act (TSCA).  Jim Alwood, Program Manager in the U.S. Environmental Protection Agency’s (EPA) Chemical Control Division, will provide a summary and answer questions about the new TSCA Section 8(a) record-keeping and reporting requirements for nanoscale materials.  The final...

The U.S. Small Business Administration’s (SBA) Office of Advocacy (Advocacy) has announced that it will be hosting regional small business roundtables “to hear firsthand from small businesses facing regulatory burdens [on] … which federal agency regulations should be considered for reform or elimination,” and “which regulations are problematic for your business,” as a result of the recent Executive Orders 13771 and 13777 on regulatory reform. The first two roundtables in this series...

By Lynn L. Bergeson Researchers at the University of California San Diego (UCSD) and Sapphire Energy completed the first EPA-sanctioned outdoor field trial for GE algae, which was focused on understanding how GE algae perform in outdoor cultivation.  The 50-day experiment studied algae (Acutodesmus dimorphus) that was GE with genes for enhanced fatty acid biosynthesis and recombinant green fluorescence protein (GFP) expression under real world conditions in parallel with non-GE...

By Lauren M. Graham, Ph.D. On May 1, 2017, the University of Maine (UMaine) began a continuous 100-hour demonstration of a biomass to bioproducts pilot plant at its Technology Research Center (TRC).  The plant, which is the result of a partnership between UMaine and Biofine Technology, is capable of processing up to one ton of woody biomass per day into chemicals for the manufacturing of biofuels, biochemical, and advanced materials.  UMaine will use the plant to scale up the...

By Lauren M. Graham, Ph.D. On May 12, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register its preliminary determinations regarding the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  ITC confirmed that there is a reasonable indication that an industry in the U.S. is materially injured by imports of biodiesel from Argentina and Indonesia, which are alleged to be sold in the U.S. at less...

By Kathleen M. Roberts On May 9, 2017, Senator Elizabeth Warren (D-MA), along with seven additional Democratic Senators, sent a letter to the Securities and Exchange Commission (SEC), the U.S. Environmental Protection Agency (EPA), and the Commodities Futures Trading Commission (CFTC) requesting an investigation into the activities of Carl Icahn for potential insider trading, market manipulation, and other securities and commodities law violations in the renewable fuel credit market. ...

Registration is now open for a May 24, 2017, webinar on “An Introduction to Voluntary Standards and Their Role in Enhancing the Quality of Scientific Research.”  According to the National Nanotechnology Coordination Office (NNCO), the safe development and commercialization of nanotechnology depends on the availability of internationally agreed upon standards.  Such standards enable the use of consistent terminology, measurement protocols, and well-characterized reference...

By Lynn L. Bergeson and Margaret R. Graham On May 18, 2017, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) published a notice in the Federal Register announcing the dates it would be hosting three public meetings to provide the public with an opportunity to offer comments on the proposed revisions to its regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered (GE)...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.”  82 Fed. Reg. 22452.  The promised guidance provides answers to questions EPA has received from manufacturers (includes importers) and processors of certain chemical substances when...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.” 82 Fed. Reg. 22452.  The promised guidance provides answers to questions EPA has received from manufacturers (includes importers) and processors of certain chemical substances when they are...

The European Chemicals Agency (ECHA) has created a web page for the Nanomaterials Expert Group (NMEP), which was created in October 2012.  NMEP aims to seek common ground among experts on scientific and technical issues regarding the implementation of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation, the Classification, Labeling, and Packaging (CLP) regulation, and the Biocidal Products Regulation (BPR) for nanomaterials.  ECHA...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce.”  EPA states in the pre-publication notice that the guidance provides answers to questions EPA has received from manufacturers (includes importers) and processors...

The U.S. Environmental Protection Agency (EPA) published on May 12, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA) Section 8(a) reporting requirements from May 12, 2017, to August 14, 2017.  EPA notes that Section 553(b)(1)(B) of the Administrative Procedure Act (APA) allows EPA to take action without providing an opportunity for notice or comment when it for good cause finds...

By Lauren M. Graham, Ph.D. On May 2, 2017, the Maine Senate approved a bill to support Maine’s emerging biobased products industry.  An Act to Improve the Ability of Maine Companies to Manufacture and Market Bioplastics (LD 656) would provide the Maine Technology Institute with a $1.5 million grant to provide competitive grants for the development, production, and marketing of bioplastics.  The bill was introduced by Senator Jim Dill (D-Old Town) and endorsed by Senator...

By Kathleen M. Roberts On May 1, 2017, DOE’s Office of Energy Efficiency and Renewable Energy (EERE) published a notice in the Federal Register regarding its intent to extend its use of the EERE Environmental Questionnaire, with changes, for three years.  The questionnaire allows EERE to collect project-specific information from federal financial assistance awardees to evaluate the potential environmental impact of projects that it is considering for funding, pursuant to the...

By Lauren M. Graham, Ph.D. On April 28, 2017, the U.S. Energy Information Administration (EIA) released its monthly biodiesel production report for February 2017.  According to the report, U.S. biodiesel production increased by one million gallons between January and February of this year but production is 11 million gallons less than February 2016.  Production came from 95 biodiesel plants with capacity of 2.3 billion gallons per year.  The report also states that 37 million...

By Lauren M. Graham, Ph.D. The Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting its tenth annual Bioeconomy 2017: Domestic Resources for a Vibrant Future conference on July 11-12, 2017, in Arlington, Virginia.  As in years past, the conference will bring together government agency officials, members of Congress, industry leaders, national laboratory scientists, and academic researchers focused on moving the American bioeconomy forward. ...

By Lauren M. Graham, Ph.D. On May 5, 2017, Senator Ron Wyden (D-OR) introduced to the Senate Finance Committee legislation focused on reducing carbon pollution over the next decade by incentivizing clean energy and promoting new technologies in the private sector.  The Clean Energy for America Act, which was co-sponsored by 21 Democratic Senators, provides a simplified set of long-term, performance-based energy tax incentives to promote clean energy production and storage.  The...

NanoImpact has published a special issue based on work presented at the Eighth International Congress of Nanotoxicology, which was held June 2-4, 2016, in Boston, Massachusetts.  The theme was “A Decade of Nanotoxicology:  Impact on Human Health and the Environment.”  The Editorial by the associate guest editors, Dhimiter Bello and David T. Leong, states that the special issue brings together a collection of 12 original research papers and three review...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish on May 12, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA) Section 8(a) reporting requirements from May 12, 2017, to August 14, 2017.  EPA notes that Section 553(b)(1)(B) of the Administrative Procedure Act (APA) allows EPA to take action without providing an opportunity for notice or comment when it for...

On May 9, 2017, the U.S. Environmental Protection Agency (EPA) published in the Federal Register a notice stating that it was reopening the comment period regarding whether revision to the current size standards for small manufacturers and processors, which are used in connection with reporting regulations under the Toxic Substances Control Act (TSCA) Section 8(a), is warranted.  82 Fed. Reg. 21542.  EPA is opening the comment period for another 15 days, until May 24,...

The European Commission (EC) Joint Research Center (JRC) has published a Science for Policy report entitled NANoREG framework for the safety assessment of nanomaterials.  The report was developed within the NANoREG project, “A common European approach to the regulatory testing of nanomaterials.”  The NANoREG framework represents the project’s proposal for a common understanding in the field of environmental health and safety (EHS) assessment of nanomaterials under the...

The American Chemical Society (ACS) announced on May 3, 2017, publication of an article entitled “Inhaled Nanoparticles Accumulate at Sites of Vascular Disease” in ACS Nano.  According to ACS, scientists have found evidence in human and animal studies that inhaled nanoparticles can travel from the lungs into the bloodstream, potentially explaining the link between air pollution and cardiovascular disease.  ACS states in its press release that in the study, 14 healthy...

On April 27, 2017, Senator Elizabeth Warren (D-MA) and Representative Frank Pallone (D-NJ) sent a letter to Inspector General Arthur Elkins, Jr. at the Office of Inspector General (OIG) at the U.S. Environmental Protection Agency (EPA) requesting the OIG to conduct an investigation into EPA’s March 29, 2017, order denying the September 2007 petition of the Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC) requesting that EPA revoke all...

The 2017 Biobased and Renewable Chemicals Conference, organized by the Delaware Sustainable Chemistry Alliance (DESCA) and supported by the American Chemical Society (ACS) Green Chemistry Institute, is a two-day event that will focus on the emerging landscape of technologies that are replacing fossil fuel-based raw materials and the major challenges and opportunities facing the industry.  The event features interactive panel discussions, keynote speakers, workshops, and networking...

By Lauren M. Graham, Ph.D. On April 24, 2017, Bob Dineen, President and CEO of the Renewable Fuels Association (RFA) sent a letter to EPA Administrator Scott Pruitt requesting that the 2018 Renewable Fuel Standard (RFS) Renewable Volume Obligations (RVO) rulemaking remain on schedule and maintain the conventional renewable fuel requirement at the statutory level of 15 billion gallons.  According to the letter, regulatory certainty and sufficient lead time for planning are required to allow...

By Kathleen M. Roberts On April 25, 2017, the U.S. Department of Agriculture’s (USDA) Rural Business-Cooperative Service published in the Federal Register a notice that it is requesting approval from the Office of Management and Budget (OMB) of a revision to a currently approved information collection for the Advanced Biofuel Payment Program, which provides funding to eligible advanced biofuel producers to support the production of biofuel products.  The Rural Business-Cooperative...

By Lauren M. Graham, Ph.D. The U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) is hosting a Workshop on Moving Beyond Drop-In Replacements:  Performance Advantaged Bio-Based Chemicals on June 1, 2017, in Denver, Colorado.  The purpose of the workshop is to solicit stakeholder feedback on what research and development is necessary for writing a functional replacements and novel biobased compounds strategic plan.  The discussion, which will be...

By Lauren M. Graham, Ph.D. On April 26, 2017, a bipartisan bill was introduced in the U.S. Senate to reform the biodiesel tax credit and extend the new policy for three years.  The American Renewable Fuel and Job Creation Act of 2017, which was sponsored by Senator Chuck Grassley (R-IA), Senator Maria Cantwell (D-WA), and 14 other senators, transfers the $1 gallon tax credit from the blenders to the producers of biofuels to ensure that it incentivizes domestic production.  The...

By Lauren M. Graham, Ph.D. On April 24, 2017, U.S. Department of Justice (DOJ) attorneys representing the U.S. Environmental Protection Agency (EPA) and the renewable fuels and petroleum industries presented oral arguments before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit regarding the petition to review the renewable volume obligations (RVO) for 2014-2016.  The petition, which was filed on January 8, 2016, by seven biofuel and agricultural groups, challenged...

NanoMONITOR announced on May 3, 2017, the launch of a survey intended to refine the design of the real-time information and monitoring system to support the risk assessment of nanomaterials under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation.  NanoMONITOR states that the ten-minute survey will help it: Elicit stakeholders’ requirements on the NanoMONITOR web platform; Elicit stakeholders’ requirements on the NanoMONITOR station...

The NanoBusiness Commercialization Association (NanoBCA) will hold its 16th annual conference on June 15, 2017, in Washington, D.C.  Speakers will include Lynn L. Bergeson, Managing Director, Bergeson & Campbell, P.C., as well as: Jim Phillips, Chairman and Chief Executive Officer (CEO), NanoMech Corporation; Doyle Edwards, Director, Government Programs, Brewer Science; Matthew Putman, Ph.D., CEO, Nanotronics Imaging; Mark Shaw, CEO, UltraTech International, Inc.; Dmitri Aronov,...

The amended Toxic Substances Control Act (TSCA) has ushered in new developments in testing strategies.  In March 2017, Andre E. Nel, Ph.D. (Division of NanoMedicine, Department of Medicine, David Geffen School of Medicine, University of California, Los Angeles, California (UCLA); California NanoSystems Institute, UCLA (CNSI)) and Timothy F. Malloy (CNSI; UCLA School of Law; UCLA Center on Environmental and Occupational Health) published Policy reforms to update chemical safety...

Facing a government shutdown, late on April 30, 2017, lawmakers reached agreement on a spending bill that funds the federal government through September 2017, which is the end of Fiscal Year (FY) 2017.  President Trump’s budget blueprint sought to slash EPA’s coffers by some 31 percent (and more if certain programs were eliminated from the base).  The deal reached by lawmakers, however, would essentially fund EPA at its current levels and retain current staff...

On May 2, 2017, the U.S. Environmental Protection Agency (EPA) announced it would convene a public meeting to clarify and discuss the process of negotiated rulemaking on changes to Chemical Data Reporting (CDR) requirements for inorganic byproducts.  The meeting will be held on May 9, 2017, from 9:00 a.m. to 5:00 p.m. (EDT) and on May 10, 2017, from 9:00 a.m. to 3:00 p.m. (EDT), in Washington, D.C. at the Capital Hilton, 1001 16th Street, N.W, in the General Session Room (South...

The May 1, 2017, issue of the U.S. Environmental Protection Agency’s (EPA) TechDirect includes an item on the availability of the Taking Nanotechnological Remediation Processes from Lab Scale to End User Applications for the Restoration of a Clean Environment (NanoRem) Toolbox.  NanoRem is a research project funded through the European Commission’s Seventh Framework Program for Research and Technological Development.  EPA describes the NanoRem Toolbox as the...

On May 1, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register stating it was reopening and extending the comment period for two proposed rules:  (1) to prohibit the use of trichloroethylene (TCE) in vapor degreasing; to require manufacturers (including importers), processors, and distributors, except for retailers, of TCE for any use to provide downstream notification of these prohibitions throughout the supply chain; and to require limited...