On October 12, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register announcing the cancellation of the fourth meeting of the Negotiated Rulemaking Committee for Chemical Data Reporting (CDR) requirements for inorganic byproducts (Reg Neg Committee) scheduled for October 25-26, 2017. 82 Fed. Reg. 47423. During their September 13-14, 2017, meeting, the members of the Reg Neg Committee concluded that further dialogue within the...
Category: General
Products that embody tried, true, and especially cutting-edge technologies are generally embraced by retailers as sure-fire pathways to marketing success. What’s not to like about best sellers and newer, faster, cleaner, or otherwise improved products? Sometimes overlooked is what is hidden behind the technology curtain -- what is the secret sauce that makes the product faster, cleaner, or better? In marketing products with new modes of action and spiffy new attributes, retailers are part of a...
October 12, 2017
2017 Retail Law Conference, October 10-12, 2017, Chicago Illinois
The 2017 Retail Law Conference covered pressing issues facing the retail industry and provides ample opportunity for interactive participation in roundtable discussions, Q&A with speakers, and networking breaks. Bergeson & Campbell, P.C., (B&C®) Managing Partner Lynn L. Bergeson spoke at “A Peek Behind the Curtain: Retailers, New Technologies, and What You Need to Know.” B&C was a proud sponsor. Séance D’information En Réglementation, October...
October 11, 2017
EC Proposes to Amend REACH Annexes to Address Nanomaterials
On October 9, 2017, the European Commission (EC) began a public consultation on a draft regulation that would amend Annexes I, III, VI, VII, VIII, IX, X, XI, and XII of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation to address nanoforms of substances. The draft regulation states that: Clarifications to requirements for the registration of substances with nanoforms and related downstream user obligations should be included in Annexes I,...
Bergeson & Campbell, P.C., (B&C®) Senior Chemist Richard E. Engler, Ph.D., presented regarding the implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) at séance d'information en réglementation hosted by the Association pour le Développement et I’Innovation en Chimie au Québec (ADICQ).
October 10, 2017
FDA Releases Guidance Addressing FDA and EPA Jurisdiction over Mosquito-Related Products
On October 4, 2017, the U.S. Food and Drug Administration (FDA) announced the availability of final guidance that helps to clarify FDA and U.S. Environmental Protection Agency (EPA) jurisdiction over the regulation of mosquito-related products intended to function as pesticides, including those produced through the use of biotechnology. The notice was published in the Federal Register on October 5, 2017. 82 Fed. Reg. 46500. Guidance for Industry #236,...
October 6, 2017
DOE Awards Up To $3.5 Million In Funding For Advancements In Algal Biomass Yield Project
By Lauren M. Graham, Ph.D. On September 26, 2017, the U.S. Department of Energy (DOE) announced the selection of an additional project for the Bioenergy Technologies Office’s (BETO) Advanced Algal Systems Program funding opportunity announcement (FOA). DOE is awarding up to $3.5 million to the National Renewable Energy Laboratory (NREL) to more than double the productivity of biofuel precursors from algae. Researchers aim to improve productivity by increasing algal...
October 6, 2017
Iowa Senators Respond To EPA NODA Regarding RFS Program
By Lauren M. Graham, Ph.D. Last week, Senators Chuck Grassley (R-IA) and Joni Ernst (R-IA) responded to the U.S. Environmental Protection Agency’s (EPA) Notice of Data Availability (NODA) regarding the Renewable Fuel Standard (RFS) volume requirements (see EPA Issues NODA Regarding RFS Program). On September 27, 2017, Ernst sent a letter to President Trump expressing concern over the proposed reduction in the volume requirements for 2018 and 2019. In the letter, Ernst...
On October 4, 2017, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the nomination of four U.S. Environmental Protection Agency (EPA) officials: Michael Dourson, Ph.D., for Assistant Administrator (AA) of the Office of Chemical Safety and Pollution Prevention (OCSPP); William L. Wehrum, Esquire, for AA of the Office of Air and Radiation (OAR); Matthew Leopold, Esquire, for General Counsel; and David Ross, Esquire, for AA of the Office of Water (OW). More...
The European Commission (EC) Joint Research Center (JRC) has published the NANoREG Toolbox for the Safety Assessment of Nanomaterials. As reported in our May 8, 2017, blog item, JRC previously published a Science for Policy report entitled NANoREG framework for the safety assessment of nanomaterials. The report was developed within the NANoREG project, “A common European approach to the regulatory testing of nanomaterials.” The NANoREG framework represents the project’s proposal...
On October 3, 2017, the U.S. Environmental Protection Agency (EPA) promulgated a final significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) for the chemical substance identified generically as bimodal mixture consisting of multi-walled carbon nanotubes (MWCNT) and other classes of carbon nanotubes (CNT), which was the subject of premanufacture notice (PMN) P-11-482.
On September 29, 2017, the Ministry of Agriculture of China (MOA) issued the final revisions to Data Requirements on Pesticide Registration (MOA Proclamation No. 2569). The revisions will become effective on November 1, 2017, under the new Regulation on Pesticide Administration (RPA) and Pesticide Registration Management Measures (MOA Order No. 3, 2017). The draft revisions to Data Requirements on Pesticide Registration were initially released for public comment on...
October 2, 2017
Senate EPW Committee Reschedules Hearing on Nominations of EPA Officials to October 4, 2017
The U.S. Senate Committee on Environment and Public Works (EPW) has rescheduled the full committee hearing on four U.S. Environmental Protection Agency (EPA) nominations to Wednesday, October 4, 2017, at 10:00 a.m. (EDT). The four nominations are: Michael Dourson, Ph.D., for Assistant Administrator of the Office of Chemical Safety and Pollution Prevention (OCSPP); Matthew Leopold, Esquire, for General Counsel; David Ross, Esquire, for Assistant Administrator for Water; and William L....
TSCA/FIFRA/TRI EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82 Fed. Reg. 47733. An agenda is expected to be made available by October 18, 2017.PPDC meetings provide the EPA Administrator with advice and information on pesticide issues from stakeholders, including the public, states, and others. EPA Issues Test Methods And...
On September 25, 2017, Petitioners Safer Chemicals Healthy Families and Environmental Defense Fund (EDF) (collectively Petitioners) in Ninth Circuit Case Nos. 17-72260 and 17-72501 (regarding review of the Toxic Substances Control Act (TSCA) framework rule Procedures for Prioritization of Chemicals for Risk Evaluation) filed a joint opposition to the U.S. Environmental Protection Agency’s (EPA) motion to transfer to the Fourth Circuit and hold cases in abeyance. On September 14, 2017,...
September 29, 2017
Switzerland Intends to Require Notification of Fibrous Nanomaterials Placed on the Market
On September 29, 2017, Switzerland notified the European Commission (EC) of a draft amendment to the Ordinance on Protection against Dangerous Substances and Preparations. The notification states that the Ordinance on Protection against Dangerous Substances and Preparations regulates the risk assessment of chemicals and the requirements to be fulfilled for using and placing on the market of chemicals that could endanger human health or the environment. According to the...
September 29, 2017
ITC Issues Notice On Final Phase Of Biodiesel Antidumping, Countervailing Investigation
By Kathleen M. Roberts On September 20, 2017, the U.S. International Trade Commission (ITC) published in the Federal Register a notice of the scheduling of the final phase of antidumping (AD) and countervailing duty (CVD) investigations of biodiesel imports from Argentina and Indonesia. ITC will hold a hearing in connection with the final phase of the investigations at 9:30 a.m. (EST) on November 9, 2017, in Washington, D.C. Requests to appear at the hearing are due by November...
On September 26, 2017, the U.S. Environmental Protection Agency (EPA) announced that it has launched the Smart Sectors program in the Office of Policy. 82 Fed. Reg. 44783. Based on EPA’s Sector Strategies program, the Smart Sectors program “will re-examine how EPA engages with industry in order to reduce unnecessary regulatory burden, create certainty and predictability, and improve the ability of both EPA and industry to conduct long-term regulatory planning while also...
September 28, 2017
ECHA Announces RAC Concludes on Opinion for Harmonized Classification and Labeling for Titanium Dioxide
The European Chemicals Agency (ECHA) announced on September 27, 2017, that the Committee for Risk Assessment (RAC) concluded on ten opinions for harmonized classification and labeling (CLH), including titanium dioxide. In May 2016, France submitted a CLH proposal for titanium dioxide, stating that titanium dioxide should be considered as being potentially carcinogenic to humans when inhaled and thus be classified as category 1B-H350i. France proposed that the classification...
September 27, 2017
OECD Tour de Table Highlights International Developments on the Safety of Manufactured Nanomaterials
On September 27, 2017, the Organization for Economic Cooperation and Development (OECD) published a corrected version of the Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour De Table, which covers developments on the safety of manufactured nanomaterials that were provided by OECD delegations from March to August 2017. It summarizes relevant information on activities related to manufactured nanomaterials, as well as other activities on nanotechnologies...