Blogs

On October 11, 2016, the Biofrontiers platform, a group of industry and civil society stakeholders brought together by the European Climate Foundation, released policy recommendations for the European Union’s (EU) 2030 climate policy.  The group stated that the transport sector has become the largest source of carbon emissions in the EU, and is therefore an urgent area to tackle following the Paris climate change agreement.  Policy recommendations put forth by the Biofrontiers...

On October 11, 2016, Microvi Biotechnologies Inc. (Microvi) announced that it had been awarded a grant by the U.S. Department of Energy (DOE) for work on new biocatalytic technology that converts the methane and carbon dioxide (CO2) found in biogas into valuable liquid chemicals.  This technology utilizes the biogas created at landfills and wastewater treatment plants that is usually burned off into the atmosphere due to the current burdensome conversion process.  Microvi’s...

On October 18, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has opened nominations for the 2017 Presidential Green Chemistry Challenge Awards (PGCCA).  Since 1996, these awards have honored companies and institutions that develop processes and products to help protect public health and the environment.  EPA’s strong support for the adoption of green chemistry has helped strengthen the development and commercialization of green chemistry products, leading...

Bergeson & Campbell, P.C. (B&C®) Managing Partner Lynn L. Bergeson and Senior Policy and Regulatory Advisor Charles M. Auer have recently published two articles on important issues as related to the amended Toxic Substances Control Act (TSCA):  “Role of ‘Conditions of Use’ Under Sections 5 and 6 of Amended Toxics Law,” BNA Daily Environment Report, October 14, 2016; and “Is The Section 5 Review Period Fixed Or Flexible In New TSCA?,” ABA Section of...

On September 27, 2016, the National Institute for Occupational Safety and Health (NIOSH) Board of Scientific Counselors (BSC) met, and its discussion included engineering controls and nanomaterials.  Kevin H. Dunn, Sc.D., CIH, a NIOSH Division of Applied Research and Technology (DART) mechanical engineer and member of NIOSH’s Nanotechnology Research Center, provided an update to the BSC on NIOSH’s evaluations, findings, recommendations, and guidance for reducing occupational exposures to...

The 2016 Sustainable Nanotechnology Organization (SNO) conference will be held November 10-12, 2016.  The conference sessions will be organized around selected “systems,” and 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 identity where nanomaterials and nanotechnology can improve the sustainability of each system and to foster integration of...

On October 4, 2016, Canada’s Ecofiscal Commission (EFC) published a report,  Course Correction: It’s Time to Rethink Canadian Biofuel Policies, arguing for the termination of biofuel subsidies.  The report claims that Canadian biofuel policies have reduced greenhouse gas (GHG) emissions an average of three million tonnes annually, accounting for less than 0.5 percent of Canada’s total GHG emissions.  Annual costs of the biofuel policies were estimated to be C$640...

On October 11, 2016, EPA published a notice in the Federal Register seeking applications for the 2017 Safer Choice Partner of the Year Awards.  The Partner of the Year Awards were developed in 2015 to recognize Safer Choice stakeholders advancing the goals of the Pollution Prevention Act, as well as the Safer Choice program through safer chemistry.  There are five broad categories of the awards: ?   Formulators/Product Manufacturers of both Consumer and Institutional/ Industrial...

On October 12, 2016, the U.S. Environmental Protection Agency (EPA) announced a public meeting on the draft Algae Guidance for the Preparation of [Toxic Substances Control Act (TSCA)] Biotechnology Submissions (Algae Guidance) in the Federal Register.  This meeting will receive public input and comments on the draft Algae Guidance that describes EPA’s data needs for supporting risk assessments of genetically engineered algae and cyanobacteria that are manufactured, imported, or...

On October 11, 2016, the U.S. Environmental Protection Agency (EPA) announced that it would be taking expedited action on reducing exposures to the following persistent, bioaccumulative, and toxic chemicals (PBT).  As stated in our blog item Deadline for Requesting Risk Evaluation for PBT Chemicals Fast Approaching, Section 6(h) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 20th Century Act, outlines a procedure requiring...

The following documents have been filed in the Anderson v. McCarthy proceedings in the U.S. District Court for the Northern District of California:  (1) U.S. Environmental Protection Agency’s (EPA) Notice of Motion and Motion for Summary Judgment; (2) Defendant-Intervenors CropLife America, et al.’s Notice of Motion and Motion for Summary Judgment; and (3) Plaintiffs’ Memorandum of Points and Authorities in Support of Motion for Summary Judgment. EPA’s documents are...

On October 4, 2016, Bergeson & Campbell, P.C. (B&C®) hosted its fourth and final webinar in its series of webinars on the new Toxic Substances Control Act (TSCA) in collaboration with Chemical Watch.  The webinar addressed numerous important issues for a wide array of stakeholders.  The webinar was moderated by Lynn L. Bergeson, Managing Partner at B&C, and the expert panel included Charles M. Auer, Richard E. Engler, Ph.D., Lisa R....

On October 7, 2016, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget (OMB) a final rule that would require reporting and recordkeeping information on certain chemical substances when they are manufactured or processed as nanoscale materials.  EPA issued a proposed rule, under Section 8(a) of the Toxic Substances Control Act (TSCA), on April 6, 2015.  EPA proposed to require persons that manufacture or process certain chemical...

On October 19, 2016, the National Nanotechnology Coordination Office (NNCO) will hold a webinar to announce the Nanotechnology Signature Initiative (NSI):  Water Sustainability through Nanotechnology.  The webinar will highlight the activities of several participating federal agencies.  NNCO states that the webinar will be the first in a series exploring the confluence of nanotechnology and water.  Subsequent webinars will each focus on one of the NSI’s...

On September 28, 2016, the City of New York passed a bill, 47 to three, increasing the amount of biodiesel in the city’s heating oil.  Heating oil in New York City currently contains two percent biodiesel, which will increase to five percent on October 1, 2017, ten percent in 2025, 15 percent in 2030, and 20 percent in 2034.  The first increase from a two to five percent biodiesel blend is expected to reduce an equivalent amount of emissions, taking 45,000 cars off the road,...

On October 4, 2016, Lisa Mensah, Under Secretary for U.S. Department of Agriculture’s (USDA) Rural Development, posted a blog item “The Bio-Based Economy and Renewable Energy: USDA’s Record of Success,” reviewing the history of USDA’s work with the biobased economy.  USDA Rural Development has spearheaded the effort to promote economic growth through expansion of the biobased industry.  Lisa Mensah outlines positive impacts of USDA’s programs,...

On October 3, 2016, the U.S. Environmental Protection Agency (EPA) released the proposed Renewables Enhancement and Growth Support Rule.  This proposed rule includes suggestions to improve the Renewable Fuel Standard (RFS) program and related pro-renewable fuel regulations.  Updated regulations included in the proposed rule include allowing biofuel producers to process feedstock and then convert the material into fuels at different facilities, and an expansion to the availability of...

The National Institute for Occupational Safety and Health (NIOSH) recently announced the availability of the following publications: Nanotechnology: Delivering on the Promise is a two-volume American Chemical Society symposium report that discusses advances in nanotechnology and the value of precautionary risk management.  Editors include NIOSH Associate Director for Nanotechnology Charles L. Geraci, Ph.D., CIH.  Lynn L. Bergeson wrote a chapter entitled “Opportunities and...

On August 23, 2016, the European Chemicals Agency’s (ECHA) Board of Appeal (BoA) adopted its first decision on a data sharing dispute under the Biocidal Products Regulation (BPR). Thor GmbH (Thor) lodged the appeal in 2015 after ECHA granted permission to a company to cite studies owned by Thor for the substance reaction mass of 5-chloro-2-methyl-2H-isohtiazol-3-one and 2-methyl-2H-isothiazol-3-one (CIT/MIT).  According to ECHA, Thor had insisted on a technical equivalence assessment of...

On September 21, 2016, Pannonia Ethanol, a Hungarian biofuels company, spoke out against the European Commission's (EC) Low-Emission Mobility Strategy . The strategy recognizes the importance of biofuels in reducing road emissions, and plans on replacing ethanol that is currently being blended into traditional fuels with advanced biofuels. This has spurred concerns for the ethanol industry, as ethanol is increasingly phased out of government emission reduction initiatives in favor of...

On September 12, 2016, the  Biodiesel and Renewable Diesel Incentive Extension Act of 2016 (H.R. 5994) was introduced to the House of Representatives and referred to the House Committee on Ways and Means. The bill was introduced by Representative Diane Black (R-TN), and would extend the $1 per gallon biodiesel and renewable diesel blenders credit, originally set to expire December 31, 2016, through  December 31, 2018. The blenders tax credit of $1 was created in 2005 for biodiesel or...

On September 22, 2016,  Clarifying Current Roles and Responsibilities Described in the Coordinated Framework for the Regulation of Biotechnology (Update to the Coordinated Framework) was published in the  Federal Register . This proposed update provides a comprehensive summary of the roles and responsibilities of the U.S. Environmental Protection Agency (EPA), U.S. Food and Drug Administration (FDA), and U.S. Department of Agriculture (USDA) with respect to the regulation of...

On September 13, 2016, the Minnesota Department of Health (MDH) announced the availability of an updated list of chemicals of high concern.  Chemicals added to the list of chemicals of high concern include silicon carbide whiskers (Chemical Abstracts Service (CAS) Number 409-21-2), carbon nanotubes, multi-walled MWCNT-7 (CAS Number 308068-56-6), and silicon carbide, fibrous (CAS Number 308076-74-6).  MDH added these nanomaterials based on their International Agency for Research on Cancer...

On September 21, 2016, the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) announced its regulatory determinations for a batch of Microbial Commercial Activity Notices (MCAN) and premanufacture notices (PMN). The announcement by EPA consisted of ten new microorganisms submitted as MCANs and seven new chemicals submitted as PMNs.  All microorganisms and chemical substances were determined “not likely to present an unreasonable risk” (per...

The International Organization for Standardization (ISO) published ISO/TR 16196:2016, “Nanotechnologies — Compilation and description of sample preparation and dosing methods for engineered and manufactured nanomaterials.”  The goal of the standard is to assist scientists and experts to understand, plan, choose, and address issues relevant to nanomaterials before and during toxicological testing.  The descriptions of sample preparation method factors for both in vitro and in...

The fourth Biocides Stakeholders’ Day took place on September 1, 2016, at the European Chemicals Agency’s (ECHA) headquarters in Helsinki, Finland.  The event provided biocides stakeholders with information on the Biocidal Products Regulation (BPR) and the tools and support available.  The focus was on experiences from companies, ECHA, and the European Commission (EC).  ECHA stated “[t]he objective was to equip companies with information about their roles and obligations to...

Germany Publishes Review of the Joint Research Strategy of the Higher Federal Authorities On September 19, 2016, the Federal Institute for Occupational Safety and Health (BAuA) published a report entitled Review of the joint research strategy of the higher federal authorities — Nanomaterials and other advanced materials:  Application safety and environmental compatibility.  The report states that in a long-term research strategy, the higher federal authorities responsible for...

On September 13, 2016, governors of seven ethanol producing states wrote to EPA Administrator Gina McCarthy requesting the removal of the Reid Vapor Pressure (RVP) limit on E15. RVP measures gasoline volatility, and E10 receives a one pound-force per square inch (psi) RVP waiver between June 1 and September 15 that is not extended to E15. The letter states "EPA's disparate handling of E10 and E15 with regard to fuel volatility regulation is stifling the widespread adoption of E15 and...

On September 16, 2016, the U.S. Navy announced the successful flight test of the EA-18G "Green Growler" plane on 100 percent advanced biofuel. Lt. Cmdr. Bradley Fairfax, project officer and test pilot, stated that "The information presented to us in the airplane is pretty simplified but, as far as I could tell, the aircraft flew completely the same as [petroleum-based] JP-5 for the whole flight." This program supports the Secretary of the Navy's (SECNAV) goal to increase...

On September 14-15, 2016, the U.S. Department of Energy (DOE) hosted a two-day workshop with lead experts on aviation biofuels exploring opportunities to increase competitiveness of alternative jet fuels. The Alternative Aviation Fuel Workshop was organized in four parallel breakout sessions covering the economic and technical competitiveness, fuel conversion and scale-up, environmental sustainability and life-cycle benefits, and feedstock and product supply chains of lignocellulosic biomass...

On September 16, 2016, the White House posted a blog item, "Building on 30 Years of Experience to Prepare for the Future of Biotechnology" and released two documents intended to modernize federal regulation of biotechnology products. In July 2015, the White House directed the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) to develop a long-term strategy to ensure that the system is prepared for the...

On September 19, 2016, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) issued a report, EPA Needs a Risk-Based Strategy to Assure Continued Effectiveness of Hospital-Level Disinfectants, the result of OIG’s review of EPA’s Antimicrobial Testing Program (ATP) to “determine whether the program ensures the efficacy of EPA-registered hospital sterilants, disinfectants, and tuberculocides (“hospital-level disinfectants”); and to evaluate options for...

The September 2016 issue of the Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter is now available.  This newsletter is prepared by the American Bar Association’s (ABA) Section of Environment, Energy, and Resources, and edited by Lynn L. Bergeson.  Several professionals from Bergeson & Campbell, P.C. (B&C®) contributed articles to this issue of the newsletter.  Articles in this special edition of the September 2016 issue are exclusively focused on...

An August 15, 2016, U.S. Environmental Protection Agency (EPA) blog item describes EPA’s research on sunscreens containing engineered nanomaterials and how they might change when exposed to chemicals in pool water.  According to EPA, many sunscreens contain titanium dioxide engineered nanomaterials, which are often coated with other materials such as aluminum hydroxide to shield skin from reactive oxygen species.  EPA researchers are testing to see whether swimming pool water degrades the...

On September 16, 2016, the U.S. Environmental Protection Agency (EPA) announced it settled an enforcement matter with Syngenta Crop Protection, LLC (Syngenta or Respondent) via a Consent Agreement and Final Order (CAFO) concerning EPA’s allegations that Syngenta violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and EPA’s Pesticide Container and Containment Rule (PCCR).  The investigation took place over three years, starting in August 2012 and concluding...

On September 19, 2016, the U.S. Environmental Protection Agency (EPA) posted a notice on the Chemical Data Reporting website that it has amended the CDR regulations to extend the 2016 submission deadline from September 30, 2016, to October 31, 2016.  According to the pre-publication version of the Federal Register notice for the final rulemaking, EPA received a request for an extension, citing problems with certain aspects of the electronic reporting system...

On September 22, 2016, the National Nanotechnology Coordination Office (NNCO) will hold a webinar on the insurance industry and the challenges of underwriting nanotechnology and other emerging technologies.  NNCO Director Dr. Michael Meador will moderate the webinar discussion.  Speakers will include: Allen Gelwick, Executive Vice President of the Lockton Companies; Christie Sayes, Associate Professor of Environmental Science and Toxicology at Baylor University; David...

By Lynn L. Bergeson and Margaret R. Graham On September 16, 2016, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA), in collaboration with the White House, released two documents that will update the Coordinated Framework for the Regulation of Biotechnology (Coordinated Framework) that was first rolled out by the White House Office of Science and Technology Policy (OSTP) in 1986 and updated in 1992. ...

On August 29, 2016, the U.S. Geological Survey (USGS) published a study on the result of land-use changes on North and South Dakota commercial honey bee colonies in the journal Proceedings of the National Academy of Sciences. USGS scientists found that grasslands and other landscape features favored by beekeepers were decreasing, with crops that are avoided by beekeepers, such as corn and soybeans, replacing them. The study pointed out that biofuel crop production, including corn and soybeans,...

On September 7, 2016, the Biotechnology Innovation Organization (BIO) released the report "Advancing the Biobased Economy: Renewable Chemical Biorefinery Commercialization, Progress, and Market Opportunities, 2016 and Beyond." This report documents substantial growth in the renewable chemical industry, and covers domestic policies impacting renewable chemical commercialization. Policy drivers that are explored include the Renewable Fuel Standard (RFS), the 2014 Farm Bill, draft...

On September 13, 2016, Biobased and Renewable Products Advocacy Group (BRAG®) member Flint Hills Resources, along with Benefuel® Inc., announced the startup of the Duonix Beatrice biodiesel plant, and the first successful commercial-scale application of Benefuel's innovative ENSEL technology. ENSEL technology is capable of converting a range of lower cost feedstocks such as recycled cooking oil and distillers corn oil into high-quality biodiesel. Once fully operational, the Duonix...

On September 13, 2016, the U.S. Environmental Protection Agency (EPA) convened its second industry stakeholder meeting to discuss the development of a fees rule under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Pub. L. No. 114-182, “new TSCA”); a copy of the presentation is available here.  Under new Toxic Substances Control Act (TSCA) Section 26(b)(4)(E), EPA is required to solicit input in support of fees rulemaking.  EPA convened its first...

ChemCon The Americas is a global chemical control conference offering authoritative speakers, in-depth sessions, and a global perspective on existing and emerging chemical regulatory schemes.  ChemCon The Americas 2016 will be held October 17 - 21, 2016, in Toronto, Canada.  Highlights from the diverse and substantive program planned for Toronto include: Workshop on the modernized Toxic Substances Control Act, with speakers including Jeff Morris, Deputy Director, U.S....

On September 12, 2016, Chemical Watch and Bergeson & Campbell, P.C. (B&C®) presented the third webinar in “The New TSCA:  What You Need To Know” webinar series:  “Webinar 3:  Inventory, CDR, and CBI (Sections 8 & 14).”  This webinar provided insight and information regarding Toxic Substances Control Act (TSCA) reform as it is being enacted and implemented, specifically related to Sections 8 and 14 of the reformed TSCA, which included the TSCA...

On September 13, 2016, the National Nanotechnology Initiative (NNI) announced in the Federal Register the availability of the draft 2016 NNI Strategic Plan for public comment.  The NNI Strategic Plan represents a consensus among NNI agencies on the high-level goals and priorities of the NNI, and on specific objectives to be pursued over at least the next three years.  The NNI Strategic Plan provides the framework under which individual NNI agencies conduct their own...

In early September 2016, the National Academies published a prepublication version of the Triennial Review of the National Nanotechnology Initiative.  The National Nanotechnology Coordination Office (NNCO) asked the National Research Council (NRC) to conduct a triennial review of the National Nanotechnology Initiative (NNI).  In particular, the NRC was asked to assess:  (1) mechanisms to advance focused areas of nanotechnology toward advanced development and commercialization; and (2) the...

The European Commission (EC) requested a scientific opinion from the Scientific Committee on Consumer Safety (SCCS) on styrene/acrylates copolymer and sodium styrene/acrylates copolymer in nano forms.  Under the Cosmetics Regulation, any cosmetic product containing a nanomaterial must be notified to the EC six months prior to being placed on the market.  If the EC has concerns about the safety of the nanomaterial, it will refer it to the SCCS for a full risk assessment....

The synopsis is available for the June 6-7, 2016, U.S.-European Union (EU) Nano Environmental and Health Safety (NanoEHS) Research Efforts joint workshop.  According to the synopsis, the first day of the workshop was devoted to an interactive nanoEHS scrimmage in which the groups collectively responded to a spill of a hypothetical nanotechnology-enabled product.  U.S.-EU Communities of Research (COR) representatives planned the scrimmage, and the highlights and findings from...

On September 6, 2016, 61 members of the Florida House of Representatives issued a letter to the U.S. Department of Health and Human Services (HHS) and to the U.S. Food and Drug Administration (FDA) to urge them to:  (1) declare a public health emergency for the Zika virus; (2) grant Florida’s state and local governments access to Oxitec Ltd.’s (Oxitec) genetically engineered (GE) mosquitoes that can suppress the local Aedes aegypti mosquito population; and (3) grant an Emergency...

On September 5, 2016, a group of non-profits, including Oxfam International, Fern, and Greenpeace, published a report outlining policy measures that should be taken by the European Commission (EC) to ensure that bioenergy is as low-carbon and resource efficient as possible. The report, "A New EU Sustainable Bioenergy Policy Report," was published after EC stated a willingness to listen to new proposals to improve sustainable bioenergy policies. EC is planning on proposing an updated...