All Knowledge & Insights By Date

We all knew it was coming, and the proposal has finally arrived. On February 8, 2018, the US Environmental Protection Agency (EPA) announced that EPA Administrator Scott Pruitt signed a proposed rule regarding user fees for the administration of the Toxic Substances Control Act (TSCA). As amended by the Frank Lautenberg Chemical Safety for the 21st Century Act, TSCA provides the EPA the authority to levy fees on certain chemical manufacturers, including importers and processors, to “provide a...

On April 24, 2018, the U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice in the Federal Register that it will be adding a supplemental analysis, “Supplemental Analysis of Alternative Small Business Size Standard Definitions and their Effect on TSCA User Fee Collection,” to the rulemaking docket for the User Fees for the Administration of the Toxic Substances Control Act (TSCA) proposed rule published on February 26, 2018.  EPA will also...

On April 12, 2018, House Agriculture Committee Chairman Michael Conaway (R-Texas) released the Committee’s draft Farm Bill reauthorization, the “Agriculture and Nutrition Act of 2018” (H.R. 2). The House Agriculture Committee passed the Farm Bill package on April 18, 2018, setting it up for a floor vote in the House.  The 600-plus page draft legislation includes a number of provisions that will be of interest to pesticide registrants and the pesticide user community, including the...

In just a few short months, on August 30, 2018, the California Office of Environmental Health Hazard Assessment (OEHHA) revisions to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations will come into force. By then, companies must be compliant with the revised regulations for consumer product, occupational and environmental exposures.

By Lynn L. Bergeson On April 13, 2018, Neste, a Biobased and Renewable Products Advocacy Group (BRAG®) member, announced that Red and White Fleet cruise company is committing to switch its entire fleet of vessels from conventional diesel to 100 percent Neste MY Renewable Diesel. This drop-in low-carbon biofuel cuts greenhouse gas (GHG) emissions by up to 80 percent and allows for reductions in engine-out emissions while enhancing fleet performance. Switching to renewable diesel has not...

By Lynn L. Bergeson On April 18, 2018, the U.S. Department of Energy (DOE) announced the release of the Co-Optima FY2017 Year in Review.  The Co-Optima initiative is accelerating the introduction of efficient, clean, affordable, and scalable high-performance fuels by bringing together DOE’s Office of Energy Efficiency & Renewable Energy (EERE), national laboratories, universities, and industry and government stakeholders to collaborate on improvements to biofuels and the...

On April 4, 2018, the European Chemicals Agency (ECHA) announced that it has launched a public consultation on its draft Strategic Plan for 2019-2023.  ECHA states that by 2023, it “aims to become the main source of scientific knowledge and technical know-how on chemicals, serving a wide range of [European Union (EU)] policies and stakeholders.”  The draft Strategic Plan lists three strategic priorities that are to be achieved with a set of enabling...

The U.S. Environmental Protection Agency (EPA), Environment and Climate Change Canada (ECCC), and Health Canada (HC) have released an educational primer on U.S. and Canadian regulations regarding chemical substances.  EPA states that the purpose of the primer is to compile easy-to-use information for stakeholders potentially regulated under similar U.S. and Canadian regulations -- Significant New Use Rules (SNUR) in the U.S. and Significant New Activity (SNAc) provisions in Canada.  EPA,...

The U.S. Environmental Protection Agency’s (EPA) April 2018 Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available.  For the first time, the Inventory includes a field designating substances that are “active” in U.S. commerce based on the following: Reporting from the 2012 and 2016 Chemical Data Reporting cycles; Notices of Commencement received by EPA since June 21, 2006; and Notice of Activity Form A’s received by EPA through the February 7,...

By Lynn L. Bergeson On April 6, 2018, a coalition of biofuel producers wrote to Senator Chuck Grassley (R-IA) and Senator Joni Ernst (R-IA) urging them to reach out to President Trump to protect the Renewable Fuel Standard (RFS) program. EPA, under the direction of Administrator Scott Pruitt, recently provided a large oil refining company, Andeavor, with a hardship waiver. These waivers are typically given to small refineries producing less than 75,000 barrels per day that would suffer a...

By Lynn L. Bergeson On April 4, 2018, the U.S. Department of Energy (DOE) announced a funding opportunity for 2018 through Binational Industrial Research & Development (BIRD) Energy, a joint U.S.-Israel industrial research and development (R&D) program for renewable and energy efficiency technologies. To qualify for BIRD energy funding, a project must include: R&D cooperation between two companies or cooperation between a company and a university/research institution (one from...

By Lynn L. Bergeson On April 3, 2018, the United States International Trade Commission (USITC) announced that companies from Argentina and Indonesia will face new anti-dumping duties after findings by the U.S. Department of Commerce (Commerce) that imports of biodiesel at less than fair value materially injured the U.S. biodiesel industry. Commerce determined that the Argentinian and Indonesian imports were sold in the U.S. at dumping margins of up to 86.41 percent and 276.65 percent,...

On April 12, 2018, Bloomberg Environment quoted James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C.(B&C®) regarding the U.S. Environmental Protection Agency’s (EPA) possible decision to extend registration for dicamba herbicide formulations. “Passing another time-limited registration would give them a heck of a lot of leverage,” said James Aidala, a senior government affairs consultant at Bergeson & Campbell, PC, a...

The National Academies of Sciences, Engineering, and Medicine released a new report on April 11, 2018, that finds that the U.S. Environmental Protection Agency’s (EPA) Integrated Risk Information System (IRIS) Program has made “substantial progress” in implementing recommendations outlined by the National Academies in previous reports.  According to the April 11, 2018, press release, the transformation of IRIS began several years ago, after the release of a 2011 National...

On April 10, 2018, Bergeson & Campbell, P.C. (B&C®) held a complimentary webinar, “FIFRA Hot Topics.”  Co-hosted with Bloomberg BNA, the webinar featured Richard P. Keigwin, Jr., Director, Office of Pesticide Programs (OPP), Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA); Daniella Taveau, former International Trade Negotiator for EPA and now Regulatory and Global Trade Strategist, King & Spalding; and William L. Jordan,...

On March 22, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt appointed 11 additional members to the Science Advisory Committee on Chemicals.  Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the purpose of the Committee is to provide independent advice and expert consultation, at the request of the EPA Administrator, with respect to the scientific and technical aspects of risk assessments, methodologies, and pollution prevention...

On April 10, 2018, Inside EPA included quotes from Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA’s FIFRA Hot Topics webinar in the article “Former EPA official 'gloomy' on ESA pesticide deal.” A former senior EPA pesticide official is pessimistic that federal officials will be able to overhaul their process for assessing pesticides' risks under the Endangered Species Act (ESA), calling prospects for such a deal “gloomy” given stakeholders past...

Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA were pleased to present “FIFRA Hot Topics,” the second webinar in the 2018 Chemical Policy Summit Series. This complimentary, hour-long webinar featured Rick P. Keigwin, Jr., Director, Office of Pesticide Programs (OPP), Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA), Daniella Taveau, former International Trade Negotiator for EPA and now Regulatory and Global Trade...

By Lynn L. Bergeson ASTM International’s energizing fuels division recently passed an Alcohol To Jet (ATJ) ethanol based specification ballot measure that will allow jet fuel, produced from ethanol under the ATJ process, to be sold commercially on a global basis.  ASTM D7566 had previously permitted ethanol as a feedstock for Aviation Turbine Fuel with a maximum final fuel blend of 50 percent, but now permits a full replacement of the hydrocarbon fuel. This change opens the door...