All Knowledge & Insights By Date

On February 8, 2018, the U.S. Government Accountability Office (GAO) issued a technology assessment report to congressional requestors entitled Chemical Innovation:  Technologies to Make Processes and Products More Sustainable.  GAO states it conducted this technology assessment “to explore, among other things, the opportunities, challenges, and federal roles in sustainable chemistry.”  This report discusses (1) how stakeholders define and assess sustainable chemistry;...

By Lynn L. Bergeson On March 6, 2018, a coalition of over 200 companies and trade associations sent a letter to the Agricultural Committee leaders in the House and Senate urging the reauthorization of and stable mandatory funding for the energy title programs in the next Farm Bill reauthorization.  The letter states that the Farm Bill energy title programs have greatly assisted rural America in developing clean, renewable energy, biobased products, and making energy efficiency...

By Lynn L. Bergeson On March 8, 2018, Senator Tom Udall (D-NM) and Representative Peter Welch (D-VT) introduced companion legislation (S. 2519, H.R. 5212) in the U.S. Senate and U.S. House of Representatives, respectively, to reform the Renewable Fuel Standard (RFS).  The Growing Renewable Energy through Existing and New Environmentally Responsible (GREENER) Fuels Act aims to: Phase out the corn ethanol mandate and immediately reduce the amount of ethanol in fuel by as much as one...

On March 13, 2018, the U.S. Environmental Protection Agency (EPA) released three draft guidance documents for public comment clarifying the circumstances under which EPA may disclose Toxic Substances Control Act (TSCA) confidential business information (CBI) with an expanded set of people.  Amended TSCA Section 14(d) expanded the categories of people to whom EPA may disclose TSCA CBI by specifically authorizing EPA to disclose TSCA CBI to state, tribal, and local governments; environmental,...

On March 5, 2018, the European Commission (EC) announced the availability of a Communication to the European Parliament (EP), the Council of the European Union (EU), and the European Economic and Social Committee on the operation of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation.  The Communication includes proposals intended to facilitate further the implementation of REACH.  The scope of the EC’s evaluation includes a...

On February 22, 2018, Zameer Qureshi, Legal Consultant to The Acta Group EU, Ltd (Acta EU), presented “The European REACH Regulation – Basic Concepts and Key Issues for NACD Members” at a National Association of Chemical Distributors (NACD) webinar.  This presentation covered an overview of the European Union’s (EU) chemical management regulation program, Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH), including: REACH Definitions REACH Exemptions...

In December 2017, the U.S. Environmental Protection Agency (EPA) issued a final rule prohibiting entities from asserting claims of confidential business information (CBI) for certain documents related to the export, import, and transit of hazardous waste. Manufacturers that have historically relied on assertions of CBI should be aware of this change. 

When the Toxic Substances Control Act (TSCA) was legislatively ‘modernised’ in June 2016, no one in the legal community doubted litigation was in our collective future. We have not been disappointed. The US Environmental Protection Agency (EPA) and its legal counsel for these purposes, the US Department of Justice (DoJ), are facing multiple lawsuits in several federal appeals courts and the very real possibility of more litigation deriving from TSCA Section 21 citizen petitions in the light...

On March 9, 2018, as a first step in developing a proposed rule regulating certain persistent, bioaccumulative, and toxic (PBT) chemicals, the U.S. Environmental Protection Agency (EPA) announced that it is seeking nominations for individuals who represent small businesses, small governments, and small non-for-profit organizations to serve as Small Entity Representatives (SER) to provide input on potential impacts of PBT regulation.  EPA states the role of a SER is “to provide advice and...

Reuters, “White House Pushes For More Talks After 'No Deal' On Biofuels” International Air Transport Association, “Aim For 1 Billion Passengers To Fly On Sustainable Fuel Flights By 2025” Colorado State University, “How Biofuels From Plant Fibers Could Combat Global Warming” Lego, “First Sustainable Lego® Bricks Will Be Launched In 2018” Coursera, “Introduction to Algae”

On March 2, 2018, Lauren M. Graham, Ph.D., Manager of the Biobased and Renewable Products Advocacy Group (BRAG®), presented “Advocating for Commercialization of Biobased Products” at the 2018 Advanced Bioeconomy Leadership Conference (ABLC2018).  Dr. Graham presented as part of the “Federal Perspective & Programs Forum” alongside four other panelists.  Dr. Graham provided an overview of the Toxic Substances Control Act (TSCA) regulation impacting...

By Lynn L. Bergeson On February 25, 2018, the University of Illinois announced that the U.S. Department of Energy (DOE) awarded a $10.6 million grant for the Renewable Oil Generated with Ultra-productive Energycane (ROGUE) project.  The project is a collaborative effort between researchers from the University of Illinois, Brookhaven National Lab, University of Florida, and Mississippi State University.  ROGUE aims to transform sugarcane and Miscanthus into sustainable sources of...

On March 6, 2018, in the U.S. Court of Appeals for the D.C. Circuit, the Environmental Defense Fund (EDF) filed its Principal Brief in the litigation case that petitions for review the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements final rule (EDF v. EPA, No. 1701 (D.C. Cir.)). EDF’s brief includes, among other required statements, a statement of the issues, a statement of the case, a summary of...

On March 7, 2018, the U.S. Environmental Protection Agency (EPA) released a draft Strategic Plan to Promote the Development and Implementation of Alternative Test Methods to reduce the use of vertebrate animals in chemical testing, fulfilling another milestone under the Frank R. Lautenberg Chemical Safety for the 21st Century Act that amended the Toxic Substances Control Act (TSCA).  Under amended TSCA, EPA is required to develop a strategy to promote the development and...

On March 2, 2018, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) began a public consultation on its preliminary opinion on certain styrene/acrylates copolymer (nano) and sodium styrene/acrylates copolymer (nano).  The EC received eight notifications of cosmetic ingredients containing the copolymers in nano forms.  According to the preliminary opinion, the EC has concerns over the safety of the use of sodium styrene/acrylates copolymer (nano) and...

By Lauren M. Graham, Ph.D. During a visit to New Hampshire on February 13, 2018, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt provided Governor Chris Sununu (R-NH) a letter announcing EPA's efforts to work towards a carbon-neutral policy for biomass and clarify federal procurement recommendations for responsibly managed forests.  According to Pruitt, EPA recognizes the importance of the forest products industry to the State of New Hampshire and is...