By Lauren M. Graham, Ph.D. On August 15, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia will be postponed. A request to postpone the determinations was submitted by a petitioner on July 6, 2017, and, pursuant to Section 733(c)(1)(A) of the Tariff Act of 1930, ITA...
Category: General
On August 10, 2017, and on August 11, 2017, petitions for review of two of the U.S. Environmental Protection Agency’s (EPA) final “framework rules” issued under the amended Toxic Substances Control Act (TSCA) were filed in federal court. These six lawsuits seek review of the final rule Procedures for Chemical Risk Evaluation under TSCA and the final rule Procedures for Prioritization of Chemicals for Risk Evaluation under TSCA. The petitions were filed by Safer Chemicals,...
On August 14, 2017, as the final Toxic Substances Control Act (TSCA) Section 8(a) information gathering rule on nanomaterials took effect, the U.S. Environmental Protection Agency (EPA) published “working guidance” intended to assist stakeholders in complying with the rule. The working guidance notes that it “will not provide answers to all of the potential questions that will arise as manufacturers and processors seek to comply with the rule. Commenters to the draft guidance...
On August 14, 2017, as the final Toxic Substances Control Act (TSCA) Section 8(a) information gathering rule on nanomaterials took effect, the U.S. Environmental Protection Agency (EPA) published “working guidance” intended to assist stakeholders in complying with the rule. The working guidance notes that it “will not provide answers to all of the potential questions that will arise as manufacturers and processors seek to comply with the rule. Commenters to the draft guidance asked...
August 11, 2017
EPA Publishes TSCA Framework Final Rule on TSCA Inventory Notification (Active-Inactive) Requirements; Sets Dates for Retrospective Reporting
On August 11, 2017, the U.S. Environmental Protection Agency (EPA) published the third Toxic Substances Control Act (TSCA) framework final rule in the Federal Register, the TSCA Inventory Notification (Active-Inactive) Requirements. This final rule is effective as of August 11, 2017 (the date of publication). As further detailed in the final rulemaking, chemical manufacturers and importers are required to submit notifications for chemicals that were manufactured or imported over...
August 11, 2017
Minnesota Doubles Summer Biofuel Mandate For Diesel
By Lauren M. Graham, Ph.D. On August 3, 2017, Minnesota Governor Mark Dayton announced that the state will implement a new biodiesel standard in May 2018 that will increase the biodiesel blend mandate from 10 percent (B10) to 20 percent (B20) between April and September each year. Currently under the state’s biodiesel program, diesel fuel sold in Minnesota must contain at least 10 percent biodiesel during the summer months, with the blend lowering to 5 percent from October to...
August 10, 2017
THE WAIT IS OVER: TSCA Framework Final Rule on TSCA Inventory Notification (Active-Inactive) Requirements Scheduled For Publication
On August 11, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish the third Toxic Substances Control Act (TSCA) framework final rule in the Federal Register, the TSCA Inventory Notification (Active-Inactive) Requirements. This final rule is scheduled to become effective on August 11, 2017 (the date of publication). This rule, signed by EPA on June 22, 2017, establishes, among other requirements: A retrospective electronic notification of...
August 10, 2017
Lynn L. Bergeson, “NIEHS Using Survey to Update 2012-2017 Strategic Plan,” Nanotechnology Now, August 10th, 2017.
NIEHS is developing a plan to guide its next five years and seeks broad input. NIEHS has created an online survey, "Trends & Insights: Next Steps for NIEHS," through which stakeholders can provide feedback on the existing Strategic Plan, as well as offer any other relevant comments.
August 8, 2017
EPA Eliminates New Chemical Backlog; Commits to Improvements to New Chemical Safety Reviews
On August 7, 2017, the U.S. Environmental Protection Agency (EPA) issued a press release stating that it has eliminated the new chemical backlog of over 600 chemicals: “[t]he current caseload is back at the baseline and now in line with the typical active workload.” The press release also announces improvements to new chemical safety reviews, which include operating principles, improvement of EPA’s Toxic Substances Control Act (TSCA) new chemicals program, and further...
August 8, 2017
ClientEarth Files Complaint with EU Ombudsman over EC Catalog of Nanomaterials Used in Cosmetic Products
ClientEarth announced on July 31, 2017, that it filed a complaint with the European Union (EU) Ombudsman about the European Commission’s (EC) “unlawful handling of a long-delayed list of nano-chemicals in cosmetics.” As reported in our June 19, 2017, blog item, the EC published June 15, 2017, a catalog of nanomaterials used in cosmetic products on the EU market. ClientEarth states that “[d]espite the lengthy delay, the list still does not let people...
August 7, 2017
EC Publishes NanoData Landscape Compilation Reports
On June 8, 2017, the European Commission (EC) published eight NanoData Landscape Compilation reports. The EC states that the reports offer a snapshot of the environment for nanotechnology in different application fields: NanoData Landscape Compilation: Health: This report offers a snapshot of the status of the environment for nanotechnology in the context of health. Analysis of that environment, trends in the data, and the effects of European policies and actions...
August 4, 2017
Weekly Roundup of Other Biobased News
The Hill, “Court Rejects 2015 EPA Biofuels Waivers” Govenors’ Biofuels Coalition, “Action on E15 Bill not Expected Before August Recess” Department of Energy, “EERE Success Story -- New Membrane Technology Will Improve Efficiency of Biofuel Production” PWashington State University, “Algae Cultivation Technique Could Advance Biofuels”
August 4, 2017
NBB Announces New CARB Certified Biodiesel Additive
By Kathleen M. Roberts On July 25, 2017, the National Biodiesel Board (NBB) announced that the California Air Resource Board (CARB) certified a biodiesel additive that will make California B20 blends the cleanest diesel fuel with the lowest emissions profile available in the U.S. The additive known as Branded VESTA™1000 reduces every measurable regulated emission, including nitrogen oxides (NOx), when blended with CARB diesel fuel, California’s unique clean-burning...
August 4, 2017
EPA Publishes Analysis Of GHG Emissions From Sugar Beets
By Lauren M. Graham, Ph.D. On July 26, 2017, the U.S. Environmental Protection Agency (EPA) published its analysis of the upstream greenhouse gas (GHG) emissions attributable to the production of sugar beets for use as a biofuel feedstock. EPA considered a scenario in which non-cellulosic beet sugar is extracted for conversion to biofuel and the remaining beet pulp co-product is used as an animal feed. Based on the findings, EPA anticipates that biofuels produced from sugar...
August 3, 2017
EPA Nominates Additional Candidates for Science Advisory Committee on Chemicals; Requests Public Comments
On August 3, 2017, the U.S. Environmental Protection Agency (EPA) published a notice on further nominations to the Science Advisory Committee on Chemicals (SACC). EPA’s notice provides the names and affiliations of 64 additional candidates currently under consideration for appointment to SACC. Biographical sketches for these candidates will be are posted on EPA’s website. EPA will also be considering the 29 candidates for membership previously identified in...
The Frank R. Lautenberg Chemical Safety for the 21st Century Act significantly amended the Toxic Substances Control Act. The act, which has been in force for just over a year, made substantive changes to multiple sections of TSCA that are proving to be even more consequential than anticipated (new TSCA is identified as Pub. L. No. 114-182 and old TSCA was identified as Pub. L. No. 94-469). This paper, authored principally by former EPA officials and a practicing TSCA lawyer, all with long...
Bloomberg BNA/Bergeson & Campbell, P.C. (B&C) Webinar. This complimentary webinar was presented by a panel including Dr. Jeff Morris, U.S. Environmental Protection Agency (EPA), and former EPA officials and seasoned regulatory professionals who engaged in a lively discussion on: Toxic Substances Control Act (TSCA) Section 5 Inventory notification reporting requirements and strategies; how to recognize and avoid pitfalls when reporting; current state of play of EPA’s new chemicals...
TSCA/FIFRA Bergeson & Campbell, P.C. Forms “TSCA New Chemicals Coalition” JOIN NOW Section 5 of the Toxic Substances Control Act (TSCA) addresses new chemical notifications and, as such, is chemical innovation’s regulatory gatekeeper. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) amended Section 5. The U.S. Environmental Protection Agency’s (EPA) interpretation of these amendments has changed significantly the Section 5 review process in ways that none...
Among the many legal, regulatory, and policy issues being watched closely by pesticide registrants as the U.S. Environmental Protection Agency’s (EPA) long and contentious review of chlorpyrifos registrations continues is the controversy concerning when EPA may appropriately apply a tenfold uncertainty factor pursuant to the Food Quality Protection Act (FQPA 10X). This issue centers around EPA’s novel and unprecedented use of epidemiological data and the statutory requirements that govern...
On July 20, 2017, the Trump Administration released its 2017 Unified Regulatory Agenda. The U.S. Environmental Protection Agency’s (EPA) Agency Rule List included several pesticide rulemakings in the proposed rule stage, as well as the Certification of Pesticide Applicators rulemaking that is in the final rule stage. The five items in the proposed rule stage are: RIN 2015-AA00: Revision of Procedural Rules for Hearings on Cancellations, Suspensions, Changes in...