All Knowledge & Insights By Date

The new year promises to be a busy one in the chemical area. The U.S. Environmental Protection Agency (EPA) hit all of its new Toxic Substances Control Act (TSCA) marks in timely promulgating rules or taking other steps required by the new TSCA. 

During its December 14-15, 2017, meeting, the Management Board of the European Chemicals Agency (ECHA) discussed ECHA’s strategy on substances in nanoforms.  According to the strategy, following recent rulings of the Board of Appeal, the “possibility for using dossier and substance evaluation under the current legal text of [the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation] to verify safe use of nanomaterials on the EU market has become...

On January 18, 2018, the U.S. Environmental Protection Agency (EPA) posted additional documents on its website, specifically materials from two webinars, designed to assist manufacturers reporting for the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements final rule that became effective on August 11, 2017.  The rule, which established a retrospective electronic notification of chemical substances on the TSCA Inventory that were manufactured...

On January 10, 2018, the U.S. Environmental Protection Agency (EPA) issued its final rule to adjust the level of statutory civil monetary penalty amounts under the statutes that EPA administers, including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  83 Fed. Reg. 1190.  This follows EPA’s July 2016 interim final rule adjusting penalty amounts for (FIFRA) violations by more than three times the current level, in some cases, as well as the level of statutory...

On January 12, 2018, the European Food Safety Authority (EFSA) opened a public consultation on its draft guidance for the risk assessment of nanoscience and nanotechnology applications in the food and feed chain.  The guidance covers the relevant areas within EFSA’s remit, such as novel foods, food contact materials, food and feed additives, and pesticides.  EFSA notes that the guidance takes account of scientific developments that have taken place since publication of the previous...

The U.S. Environmental Protection Agency (EPA) has updated its eNOA upload template that was initially released in 2017 to assist filers with the Central Data Exchange (CDX) system.  The eNOA, or electronic Notice of Activity (NOA) Form, is used for retrospective reporting under the amended Toxic Substances Control Act’s (TSCA) Inventory notification requirements.  The eNOA template, available for download from within the eNOA system on CDX, assists users to upload many...

By Lauren M. Graham, Ph.D. Researchers at the National University of Colombia (UN) have designed and patented a faster and less costly process for producing biodiesel.  The process uses a tube reactor that allows the oil from crops, such as palm, soybean, or jatropha and alcohol, such as methanol, to flow in opposite directions and react without mixing.  Differences in density cause the biodiesel-containing oil phase to rise while the alcohol phase containing glycerol...

By Lauren M. Graham, Ph.D. On December 28, 2017, New York City Council Member Costa Constantinides announced that the New York City Council unanimously passed a bill on the use of alternative fuels and alternative fuel technologies in the city ferry fleet (INT. 54).  The legislation would require a two-year study on the feasibility of using alternative fuel, including biodiesel, and fuel technologies, including hybrid electric or fuel-cell electric, in city ferries.  The study...

By Lauren M. Graham, Ph.D. On January 4, 2018, the International Trade Administration (ITA) issued in the Federal Register a notice of the countervailing duty (CVD) orders on biodiesel from Argentina and Indonesia based on the affirmative final determinations by the Department of Commerce (DOC) and the International Trade Commission (ITC).  As reported in the Biobased and Renewable Products Advocacy Group (BRAG®) blog post ITC Issues Final Determinations On Biodiesel From Argentina...

On January 5, 2018, the Natural Resources Defense Council (NRDC) filed a Petition for Review in the U.S. Court of Appeals for the Second Circuit (Second Circuit) of what is characterized as a U.S. Environmental Protection Agency (EPA) “final rule” issued November 7, 2017, entitled “New Chemicals Decision-Making Framework:  Working Approach to Making Determinations under Section 5 of TSCA.”  The Framework Document, as it has come to be called, is the “final rule” at issue...

By Lynn L. Bergeson and Margaret R. Graham On January 10-11, 2018, the National Academies of Sciences, Engineering, and Medicine’s (NAS) Standing Committee on Use of Emerging Science for Environmental Health Decisions (ESEHD) convened a workshop entitled “The Promise of Genome Editing Tools to Advance Environmental Health Research.”  The meeting is intended to bring together experts in molecular biology, toxicology, and public health to explore opportunities for using...

The European Environmental Bureau (EEB) announced on December 22, 2017, the availability of its assessment of the environmental performance of the Estonian Presidency of the European Union (EU).  The assessment is based on the results of “Ten Green Tests” laid out at the beginning of Estonia’s Presidency.  The eighth test is protecting the public from hazardous chemicals, including mercury.  The test includes encouraging the European Commission (EC) “to develop a...

By Lauren M. Graham, Ph.D. On December 21, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced the launch of its online hub focused on sustainable aviation solutions.  Decarbonizingaviation.com is an online platform designed to raise awareness and facilitate dialog in reducing the aviation industry's carbon footprint.  The results of a recent survey by Neste demonstrate that 50 percent of travelers consider it important that...

By Kathleen M. Roberts On December 28, 2017, the U.S. International Trade Commission (ITC) issued in the Federal Register a notice regarding its final determination on the antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia.  Pursuant to the Tariff Act of 1930, ITC determined that an industry in the United States is materially injured by reason of imports of biodiesel from Argentina and Indonesia, which have been found by the...

By Kathleen M. Roberts On December 14, 2017, General Automation Lab Technologies (GALT) announced that the U.S. Department of Energy (DOE) awarded Lawrence Livermore National Laboratory (LLNL) a three year $3.5 million grant to improve the growth and efficiency of biofuel-producing algae.  LLNL and GALT will collaborate on the project, which also aims to reduce wasted byproducts of photosynthesis by targeting microbiomes that can more efficiently recycle it back to carbon dioxide...

By Lauren M. Graham, Ph.D. On December 27, 2017, the U.S. Environmental Protection Agency (EPA) proposed to approve new fuel pathways under the Renewable Fuel Standard (RFS) program.  Specifically, EPA is proposing to amend RFS regulations to define the term “distillers sorghum oil” and to add approved pathways from the production of biodiesel and heating oil from distillers sorghum oil via a transesterification process, and renewable diesel, jet fuel, heating oil, naphtha,...

Bergeson & Campbell, P.C.’s (B&C®) much anticipated and highly acclaimed annual Forecast, "Predictions and Outlook for U.S. Federal and International Chemical Regulatory Policy 2018," is now available.  In the Forecast, the lawyers, scientists, and chemical regulatory specialists at B&C and its affiliated consulting firm, The Acta Group (Acta®), offer comprehensive and highly useful observations on the fast-changing and nuanced area of domestic and global chemical legal,...

On December 20, 2017, the U.S. Court of Appeals for the Ninth Circuit issued an order in LULAC v. Pruitt, Case No. 17-71636, a case challenging an order denying administrative petitions to revoke the tolerances and cancel the registrations for chlorpyrifos.  The court’s order includes actions concerning two pending motions.  The court has denied a motion by the U.S. Environmental Protection Agency (EPA) and Administrator Pruitt (Respondents) to dismiss the case for lack of...

On January 3, 2018, the U.S. Environmental Protection Agency announced it would be hosting two webinars to support Third-Party Certifiers (TPC) in generating and entering annual report information into the Central Data Exchange (CDX).  Registration is available online through the following links: the webinars will be held on January 9, 2018, from 1:00 p.m. to 3:00 p.m. (EST); and on February 1, 2018, from 9:00 a.m. to 11:00 a.m. (EST).  Both webinar presentations will provide...

On December 15, 2017, the National Institute for Occupational Safety and Health (NIOSH) posted a blog item entitled "WHO Guidelines to Protect Workers from Nanomaterials." As reported in our December 13, 2017, blog item (see https://nanotech.lawbc.com/2017/12/who-publishes-guidelines-on-protecting-workers-from-potential-risks-of-manufactured-nanomaterials/), the World Health Organization (WHO) recently published WHO Guidelines on Protecting Workers from Potential Risks of Manufactured...