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By Lynn L. Bergeson On May 25, 2018, the National Biodiesel Board (NBB) dropped its nearly decade long pursuit to convert a $1-per-gallon tax credit for biofuel blenders to an equivalent credit for producers. NBB originally sought to change the credit to support the domestic biofuel industry, as some blenders who benefited from the credit were also importing foreign biodiesel. Recent import duties imposed by the U.S. Commerce Department have done a great deal to curb inexpensive biodiesel...

By Lynn L. Bergeson A coalition will be launched on June 1, 2018, that intends to ensure that Safer Choice will continue to exist as a federal program within the U.S. Environmental Protection Agency (EPA) and to improve the program so that it operates in the most effective way possible for all stakeholders.  The Coalition will comprise companies throughout the chemical value chain -- chemical manufacturers, consumer product companies, and retailers -- as well as non-governmental...

By Lynn L. Bergeson On May 17, 2018, a proposed amendment to repeal the Farm Bill’s energy title programs was defeated in the U.S. House of Representatives by a vote of 75-340. These title programs provide grants and loan guarantees to rural lenders and businesses, as well as research and development support for renewable energy products. While these programs account for less than one percent of the total amount that the federal government spends on agriculture and nutrition programs,...

On May 31, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg Environment article “EPA Backs Recycling Formerly ‘Hazardous’ Materials, But States Get Final Say.” This quote was also featured as the “Quote of the Day” in Bloomberg Environment’s daily First Move email. The U.S. Environmental Protection Agency’s (EPA) new definition of solid waste “allows more material—like...

The Organization for Economic Cooperation and Development (OECD) published a May 17, 2018, document entitled Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table.  The document compiles information provided by delegations for the February 2018 OECD Working Party on Manufactured Nanomaterials (WPMN) meeting on current developments on the safety of manufactured nanomaterials.  It aims to summarize relevant information on activities related to...

Responding to July 2017 and March 2018 orders issued by the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Environmental Protection Agency (EPA) on May 30, 2018, issued a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). 83 Fed. Reg. 24664. In a somewhat unusual move, EPA relied upon Section 553 of the Administrative Procedure Act (APA) to make the rule immediately effective and dispensed with notice and public...

On May 24, 2018, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a public meeting on June 28, 2018, from 1:00 p.m. to 4:00 p.m. (EDT) in Washington, D.C. regarding technical issues in the Formaldehyde Emission Standards for Composite Wood Products Final Rule published on December 12, 2016.  83 Fed. Reg. 24104.  The Federal Register notice states that the meeting will “inform EPA's potential development of a proposed rule...

On March 16, 2018, the U.S. Environmental Protection Agency (EPA) proposed to add hazardous waste aerosol cans to the category of “universal wastes” regulated under the federal Resource Conservation and Recovery Act (RCRA) regulations, codified at Title 40 of the C.F.R., Part 273. 83 Fed. Reg. 11654. According to EPA, this action would benefit the many manufacturing facilities and others that generate and manage large quantities of hazardous waste aerosol cans.

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) extended until August 16, 2018, the comment period on its proposed rule titled “Strengthening Transparency in Regulatory Science.”  83 Fed. Reg. 24255.  EPA also announced that it will hold a public hearing on the controversial proposed rule on July 17, 2018.  The April 30, 2018, proposal (83 Fed. Reg. 18768) is intended to strengthen the transparency of EPA regulatory science.  The proposed...

By Lynn L. Bergeson On May 21, 2018, the National Biodiesel Board (NBB), in partnership with industry sponsors, announced a series of five seminars for fuel wholesalers, distributors, retailers, marketers, fleets, municipalities, and other end users focusing on benefits and opportunities surrounding biodiesel. The complimentary series, Exploring Biodiesel (XBX), will be held in the following regions: Boston, MA (June 12, 2018); Philadelphia, PA (July 18, 2018); Los Angeles, CA (August 7,...

By Lynn L. Bergeson On May 16, 2018, Fulcrum BioEnergy, Inc. announced the start of site construction for Phase 2 of the Sierra BioFuels Plant in Reno, Nevada.  This commercial-scale plant will be the nation’s first to convert municipal solid waste feedstock into low-carbon, renewable jet fuel. “Launching the final construction phase of Sierra is another milestone for Fulcrum, our partners, Northern Nevada and the low-carbon fuels industry,” Jim Macias,...

On May 23, 2018, the European Union Observatory for Nanomaterials (EUON) published an article entitled “Nordic information campaign on REACH-relevant regulation for nanomaterials.”  According to EUON, Norway, Sweden, Finland, and Denmark are coordinating an information campaign through the N-Nano project group of the Nordic Chemical Working Group of the Nordic Council of Ministers.  The goal of the campaign is to develop a web-based tool to provide information on European Union...

On May 22-23, 2018, the U.S. Environmental Protection Agency (EPA) hosted a Polyfluoroalkyl Substances (PFAS) National Leadership Summit (Summit) in Washington, D.C.  The Summit convened federal and state regulators, including representatives from EPA’s Office of Water (OW), EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP), the U.S. Food and Drug Administration (FDA), the U.S. Department of Defense (DOD), a small group of invited industry participants, and...

The May 2018 ECHA Newsletter includes an interview with Robert Johansson, Head of the Swedish Chemicals Agency’s (KEMI) Chemical Statistics and Registries Unit.  As reported in our December 7, 2017, blog item, KEMI has established a mandatory reporting scheme to obtain information on the quantities and types of nanomaterials used in Sweden, with the first reports due in February 2019.  According to Johansson, “[t]his information can then provide a basis for...

On May 23, 2018, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding Erik Baptist, senior deputy general counsel, joining EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) as a deputy assistant administrator and senior counsel.  Other regulatory offices within the EPA have attorneys to help them, Lynn Bergeson, managing partner with the Washington, D.C., office of Bergeson & Campbell, P.C.,...

On May 16, 2018, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) announced the availability of six case studies intended to help stakeholders understand how the categorization process for new industrial chemicals will work under the new Australian Industrial Chemicals Introduction Scheme (AICIS).  The case studies cover typical scenarios for introducing cosmetic and non-cosmetic new chemicals, and show how introducers would categorize chemicals as...

On May 4, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) proposed a rule to establish the first ever National Bioengineered Food Disclosure Standard (NBFDS) mandated by Congress in 2016. This column discusses the proposal, what it intends to achieve, and its implications.

The European Union Observatory for Nanomaterials (EUON) has posted the workshop report from the March 9, 2018, Stakeholder Dialogue meeting.  According to the report, the annual meeting focused on providing an update on EUON and allowing stakeholders an opportunity to share their views on expectations on the future development of EUON.  During his welcome address, Jukka Malm, European Chemicals Agency (ECHA), acknowledged that some stakeholders preferred a mandatory register...

By Lynn L. Bergeson On May 11, 2018, the U.S. Environmental Protection Agency (EPA) sent a proposed renewable fuel standard (RFS) biofuel volumes rule for 2019 to the White House Office of Management and Budget (OMB) for pre-publication review.  The proposed rule addresses 2019 renewable blending obligations for cellulosic biofuel, advanced biofuel, and total biofuel, with a proposed 2020 percentage standard for biomass-based diesel. The 2019 blending requirement for biomass-based...

The NanoBusiness Commercialization Association (NanoBCA) will hold its 17th annual conference on June 14, 2018, in Washington, D.C.  Speakers will include Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C., as well as: Jim Phillips, Chairman and Chief Executive Officer (CEO), NanoMech Corporation; Doyle Edwards, Director, Government Programs, Brewer Science; Marco Curreli, Ph.D., Executive Director and Founder, Omni Nano; Lisa Friedersdorf, Director, National...