All Knowledge & Insights By Date

By Lynn L. Bergeson On July 18, 2018, the U.S. Environmental Protection Agency (EPA) held a Public Hearing for Proposed Renewable Fuel Standards (RFS) for 2019 and Biomass-Based Diesel Volume for 2020.  The National Biodiesel Board (NBB) testified at this meeting that EPA should set the 2020 Biomass-based Diesel volume at 2.8 billion gallons, stating that it aligns with the goals that Congress set for the RFS program, the volume is achievable in 2020, and that it will better fulfill...

The July 19, 2018, issue of the European Commission’s (EC) Health-EU Newsletter includes an editorial entitled “The only concern to have about sunscreen is … did you remember to put it on?” written by Qasim Chaudhry, Chair of the Scientific Committee on Consumer Safety (SCCS) and Ulrike Bernauer, Chair of the SCCS Working Group on Nanomaterials in Cosmetic Products.  According to the editorial, nanomaterials as cosmetic ingredients serve various functions, including as...

On July 17, 2018, the U.S. Environmental Protection Agency (EPA) convened a public hearing on the proposed rule "Strengthening Transparency in Regulatory Science." Stakeholder testimony was scheduled for the three sessions: 8:00 a.m. to 12:00 p.m., 12:00 p.m. to 4:00 p.m., and 4:00 p.m. to 8:00 p.m. Bergeson & Campbell, P.C. (B&C®) attended the morning session. A few takeaways from the meeting include: Congressman Paul Tonko (D-NY) and Congresswoman Suzanne Bonamici (D-OR) provided...

On July 17, 2018, the European Union (EU) Observatory for Nanomaterials (EUON) announced the availability of a study that it commissioned, Critical review of the relevance and reliability of data sources, methods, parameters and determining factors to produce market studies on manufactured nanomaterials on the EU market.  The study presents the results of a critical review of the relevance and reliability of data sources, methods, parameters, and determining factors to...

While the intention of food contact regulations in both China and the US is to protect public health, the approaches taken, the obligations for industry and other facets of the regulations differ in notable ways. This article overviews the two regulatory systems, highlighting key similarities and differences between the emerging regulatory regime in China and the established US Food and Drug Administration (FDA) food contact regulations. 

On July 9, 2018, the U.S. Court of Appeals for the Ninth Circuit (Ninth Circuit) held oral argument in League of United Latin American Citizens (LULAC) v. Pruitt, a case brought to challenge the decision by the U.S. Environmental Protection Agency (EPA) to deny a 2007 petition by Pesticide Action Network North America (PANNA) and the Natural Resources Defense Council (NRDC).  The 2007 petition requested that EPA revoke all chlorpyrifos tolerances granted under the Federal Food, Drug,...

On June 21, 2018, the U.S. Environmental Protection Agency (EPA) issued guidance to assist companies in creating structurally descriptive chemical names for substances whose specific chemical identities are claimed confidential and for listing substances on the Toxic Substances Control Act (TSCA) Chemical Substance Inventory. Because the need to retain chemical identity confidentiality is critical, this guidance is an essential read.

Reducing childhood lead exposure has long been a focus of the U.S. Environmental Protection Agency (EPA). The Flint, Mich., water crisis has inspired renewed concerns with lead exposure and heightened attention on the hazards occasioned by exposure to dust and dust-lead, especially exposure to children. On July 2, 2018, EPA proposed to lower the dust-lead hazard standards for homes with dust-lead issues. This column summarizes the proposal.

By Lynn L. Bergeson On July 2, 2018, Midwest AgEnergy announced that the North Dakota Industrial Commission, a division of North Dakota’s State Department of Mineral Resources, Oil and Gas, had awarded it a $83,810 grant to research using North Dakota barley to produce ethanol with a protein concentrate byproduct for use in aquaculture.  This would be the first ethanol produced North Dakota from a feedstock other than corn, and would include an expansion of the Dakota Spirit...

By Lynn L. Bergeson On July 3, 2018, the U.S. Environmental Protection Agency (EPA) announced it was holding a public hearing for the proposed rule “Renewable Fuel Standard Program:  Standards for 2019 and Biomass-Based Diesel Volume for 2020” on July 18, 2018, at 9:00 a.m. in Ypsilanti, Michigan.  83 Fed. Reg. 31098.  The proposed rule was published in the Federal Register on July 10, 2018.  83 Fed. Reg. 32024.   The notice states that the public...

On July 12, 2018, Bloomberg Environment quoted James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) regarding Acting Administrator of the U.S. Environmental Protection Agency (EPA) Andrew Wheeler’s experience with the chemical regulatory landscape.  The EPA’s new acting administrator is more familiar than past agency heads were with the nation’s primary chemicals statute, giving him insight into tensions arising in...

On July 12, 2018, Bloomberg Environment included comments from James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) regarding difficulties that the Trump administration may face in nominating a head of the U.S. Environmental Protection Agency’s (EPA)  chemicals and pesticides office after a difficult confirmation process caused the former nominee, Michael Dourson, to withdraw. Beck could be a candidate for the assistant...

The Organization for Economic Cooperation and Development (OECD) published a July 4, 2018, report entitled Investigating the Different Types of Risk Assessments of Manufactured Nanomaterials:  Identifying Tools Available for Risk Management Measures and Uncertainties Driving Nano-Specific Data Needs.  The report presents the findings from a survey conducted in 2016 that aimed at investigating the different types of risk assessment.  The survey was conducted to gather the...

The NanoSafety Cluster announced that its projects NanoReg2 and Gracious, which focus on grouping, have come together with the Organization for Economic Cooperation and Development (OECD) Working Party for Manufactured Nanomaterials (WPMN) to host a two-day conference in Paris on September 12-13, 2018.  The “Scientific workshop on Grouping of Nanomaterials” will immediately follow the September 11, 2018, WPMN meeting on physico-chemical parameters framework for the risk...

By Lynn L. Bergeson On June 27, 2018, representatives from 11 European companies and universities gathered in Örnsköldsvik, Sweden, to kick-off the EU-funded Rewofuel project.  This three-year, €19.7 million (about $23 million) project will demonstrate and evaluate how to best use wood residues from the forest industry to produce biofuels, with a long-term goal of starting new biorefineries across Europe. Rewofuel is a collaborative project that is expected to run for...

By Lynn L. Bergeson On June 27, 2018, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) issued a new report, Moving Beyond Drop-In Replacements: Performance-Advantaged Biobased Chemicals Workshop Summary Report, that summarizes presentations and discussions from a workshop BETO held in June 2017 to gather stakeholder input on the research and development necessary for novel biobased compounds and functional replacements.  DOE states that...

By Lynn L. Bergeson On June 28, 2018, the U.S. Senate passed S.3042 -- Agriculture Improvement Act of 2018 (Farm Bill) with a vote of 86-11. This bill includes mandatory funding for Energy Title programs, including the Biomass Research and Development Initiative; the Biobased Markets Program; the Biorefinery, Renewable Chemical and Product Manufacturing Assistance Program; the Bioenergy Program for Advanced Biofuels; the Rural Energy for America Program (REAP); and the Biomass Crop...

The European Food Safety Authority (EFSA) issued a July 4, 2018, press release announcing the availability of new guidance on how to assess the safety of nanoscience and nanotechnology applications.  The guidance covers novel foods, food contact materials, food and feed additives, and pesticides, taking into account new developments that have taken place since publication of the previous guidance in 2011.  Potential future developments suggested in the scientific literature...

The European Food Safety Authority (EFSA) issued a July 4, 2018, press release announcing the availability of new guidance on how to assess the safety of nanoscience and nanotechnology applications. The guidance covers novel foods, food contact materials, food and feed additives, and pesticides, taking into account new developments that have taken place since publication of the previous guidance in 2011. 

The European Commission (EC) announced on June 15, 2018, that researchers from the European Union (EU)-funded NANOPACK project found a solution for extending food shelf-life by using smart antimicrobial surfaces applied to active food packaging.  According to the EC, the researchers are now running five pilot production runs of the new polymer composite, based on tiny nanotube formations, to test its technical, industrial, and commercial viability.  The researchers “form...