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On March 1, 2018, amendments to Switzerland’s Chemicals Ordinance took effect.  The amendments, adopted by the Federal Council on January 31, 2018, include new disclosure requirements for synthetic nanomaterials of fibrous or tubular form.  Switzerland states that the specified nanomaterials can cause lesions in the lungs if inhaled.  As reported in our September 29, 2017, blog item, Switzerland notified the European Commission of the draft amendment in September...

TSCA/FIFRA/TRI EPA Settles With Syngenta On FIFRA Violation Related To Restricted-Use Pesticide: On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta Seeds, LLC (Syngenta), a pesticide company in Hawaii, to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) at its farm in Kekaha, Kauai. The settlement includes two penalty components: a $400,000 Supplemental Environmental Project...

On February 26, 2018, the U.S. Environmental Protection Agency (EPA) published its proposed fees rule entitled User Fees for the Administration of the Toxic Substances Control Act (TSCA), as permissible under TSCA Section 26(b).  83 Fed. Reg. 8212.  The rule as proposed will set user fees applicable to any person required to submit information to EPA under TSCA Section 4 or a notice, including an exemption or other information, to be reviewed by the Administrator under TSCA...

On February 16, 2018, the U.S. District Court for the Northern District of California issued an order granting plaintiffs’, the Sierra Club and A Community Voice-Louisiana, motion for summary judgment.  The court determined that the U.S. Environmental Protection Agency’s (EPA) final rule delaying the compliance date for the formaldehyde emission standards for composite wood products (Delay Rule) exceeded EPA’s authority under the Formaldehyde Standards in Composite Wood Products Act...

On March 20, 2018, the American National Standards Institute (ANSI) Nanotechnology Standards Panel (ANSI-NSP) will meet at the U.S. Department of Agriculture in Washington, D.C.  The focus of the meeting will be to consider the observations from the February 28, 2017, ANSI-NSP meeting on graphene standards, including the following issues: Terminology; Characterization methods; and Information sharing. Participants will discuss recommendations for future standardization...

By Lauren M. Graham, Ph.D. On February 13, 2018, Neste, a member of BRAG, announced that the Western Contra Costa Transit Authority (WestCAT) will operate exclusively on Neste MY Renewable DieselTM.  WestCAT is a California public transportation service that serves the cities of Pinole and Hercules, as well as communities along the eastern edge of San Francisco Bay.  The entire fleet of 45 heavy duty buses, which operates 14 fixed routes and carries over 1.3 million passengers...

By Kathleen M. Roberts On February 15, 2018, the U.S. Department of Energy (DOE) announced the release of the Co-Optimization of Engines & Fuels (Co-Optima) report titled Fuel Blendstocks with the Potential to Optimize Future Gasoline Engine Performance (Fuel Blendstocks report), along with the companion report on Efficiency Merit Function for Spark Ignition Engines.  The Fuel Blendstocks report identifies eight blendstocks that have the potential to improve gasoline...

The cost of compliance with the Toxic Substances Control Act (TSCA) will soon rise. On February 8, 2018, the U.S. Environmental Protection Agency (EPA) signed off on proposed TSCA user fees. As amended by the Frank Lautenberg Chemical Safety for the 21st Century Act, TSCA authorizes the EPA to levy fees on certain chemical manufacturers, including importers and processors, to “provide a sustainable source of funding to defray resources that are available for implementation of new...

On February 14, 2018, the U.S. Environmental Protection Agency (EPA) and Amazon Services LLC (Amazon) entered into a Consent Agreement and Final Order (CAFO) whereby Amazon agreed to pay $1,215,700 in civil penalties for approximately four thousand alleged violations under Section 3 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) for the distribution of unregistered pesticide products.  Amazon neither admitted nor denied the specific factual allegations, which...

By Kathleen M. Roberts On February 6, 2018, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the release of its 2017 Project Peer Review Report.  The report contains recommendations provided during the March 2017 Project Peer Review.  The biennial Peer Review process aims to gather feedback and recommendations from stakeholders on BETO’s research and development portfolio to help BETO identify the most efficient and effective ways to...

By Lauren M. Graham, Ph.D. As explained in the notice issued by Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), with President Trump’s signing of the Bipartisan Budget Act of 2018 (H.R. 1892), the blenders tax credit was extended retroactively for 2017.  Qualified biofuel blenders are eligible for a tax credit of $1.00 per gallon of biodiesel or renewable diesel used in the blending process in 2017.  The blenders tax credit was one of...

On February 12, 2018, the U.S. Environmental Protection Agency (EPA) announced it has reached an agreement with Syngenta Seeds, LLC (Syngenta), a pesticide company in Hawaii, to resolve alleged violations of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) at its farm in Kekaha, Kauai.  The settlement includes two penalty components:  a $400,000 Supplemental Environmental Project (SEP) for worker protection standard (WPS) training; and $150,000 as a civil penalty....

UFC-Que Choisir, a French non-governmental organization (NGO), announced on January 23, 2018, that it filed complaints against nine manufacturers of food and cosmetic products for failure to comply with the requirement to report the presence of nanomaterials on the product label.  UFC-Que Choisir states that its analysis covered 20 consumer products (seven food products, nine cosmetics, and four drugs) and targeted titanium dioxide, silicon dioxide, iron oxide, zinc oxide, and carbon black. ...

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced it is releasing a third alternative approach for assigning and applying unique identifiers (UID) to reconcile the competing requirements of Toxic Substances Control Act (TSCA) Section 14(g) for comment.  83 Fed. Reg. 5623.  EPA’s first and second alternative approaches were released for comment in its notice on May 8, 2017 (82 Fed. Reg. 21386).  Under amended TSCA, EPA is required to develop...

Business Insider, “U.S. EPA Hopes To Decide Soon On Ethanol Waiver: Administrator” Qantas, “World First US-Australia Biofuel Flight Takes Off” Centre for Process Innovation, “New Pilot Plant Converts Used Cooking Oil Into Biodiesel” University of Illinois, “New Study Shows Producers Where And How To Grow Cellulosic Biofuel Crops”

By Lauren M. Graham, Ph.D. On January 25, 2018, Alberta Innovates announced the launch of the Bio-Resource Information Management System (BRIMS), which was developed in conjunction with Silvacom Ltd.  BRIMS is a publicly available data and information management system that collates inventories from forestry, agriculture, and municipality sectors to create a centralized, comprehensive spatial warehouse of biomass, ecosystem services, and land-use data.  Silvacom and Alberta...

By Lauren M. Graham, Ph.D. On February 5, 2018, Neste, a member of BRAG, announced that the use of its renewable fuels in place of fossil fuels resulted in a reduction of 8.3 million metric tons of greenhouse gas (GHG) emissions.  The significant emission reduction is primarily attributed to Neste’s MY Renewable Diesel and Neste's increased production volumes at its three renewables-producing refineries.  The reduction was calculated by comparing the lifecycle GHG...