On June 30, 2017, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Center for Biological Diversity (CBD), et al. v. U.S. Environmental Protection Agency (EPA), Case No. 14-1036, resolving jurisdictional and substantive issues following complaints alleging that EPA violated Section 7(a)(2) of the Endangered Species Act (ESA) by failing to make an effects determination or to consult with the U.S. Fish and Wildlife Service (FWS) or the National Marine...
Category: General
The release of EPA’s final rule concerning the chemical inventory reset under the Toxic Substances Control Act (TSCA) is expected in June. Once released, covered entities must comply with reporting requirements within a 180- or 360-day reporting window, which won’t give much time to get up to speed on compliance obligations. Business & Legal Resources (BLR) offered a webinar "TSCA Inventory Final Rule: Reporting Deadline Requirements Under the New Chemical...
July 12, 2017
Michael S. Wenk, M.S., to Speak at AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids
Michael S. Wenk, M.S., Senior Regulatory Consultant with The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), has been invited to speak on the current state of play of Central and South American chemical regulations at the 17th AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids, September 11-14, 2017, in Cancun, Mexico. Mr. Wenk will present “Chemical Substance Management in Central and South America: Insights into...
On January 12, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale. According to a pre-publication version of the final rule, manufacturers and processers, or persons who intend to manufacture or process these chemical...
According to the July 7, 2017, issue of the Chemicals Management Plan Progress Report, Health Canada and Environment and Climate Change Canada are in the process of prioritizing nanoscale forms of substances on the Domestic Substances List. As reported in our July 27, 2015, blog item, Canada conducted a mandatory information-gathering survey under Section 71 of the Canadian Environmental Protection Act, 1999. Canada states that the survey identified 53 substances as...
On July 7, 2017, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing the availability of the scope documents for the risk evaluations of the first ten chemicals that it will be conducting under the amended Toxic Substances Control Act (TSCA). 82 Fed. Reg. 31592. The notice states that each scope document includes “the hazards, exposures, conditions of use, and the potentially exposed or susceptible subpopulations the EPA expects to...
To assist the International Agency for Research on Cancer (IARC) in selecting agents for review in future Monographs, IARC regularly convenes international, interdisciplinary Advisory Groups to review all public nominations and to recommend those it considers to be of high priority. According to information on its website, IARC will convene its next Advisory Group in 2018/2019. IARC encourages the general public, the scientific community, national health agencies, and...
On June 30, 2017, the European Chemicals Agency (ECHA) Board of Appeal published two decisions related to nanomaterials. In the July 5, 2017, issue of ECHA Weekly, ECHA states that the Board of Appeal “largely upheld the appeals and annulled most of the requests for information.” In Cases A-014-2015 and A-015-2015, registrants appealed the same 2015 ECHA decision requesting information on synthetic amorphous silica (SAS) following a substance evaluation by the Netherlands Competent...
On June 1, 2017, in the People’s Republic of China (China), the newly revised Regulation on Pesticide Administration (RPA) became effective. The newly revised RPA was approved during the 164th executive meeting of the State Council of China on February 8, 2017, and published as Decree Number 677 of the State Council of China (China Decree 677) on April 1, 2017. It requires the Ministry of Agriculture (MOA) to formulate relevant rules and measures for its implementation....
On May 30, 2017, the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Generator Improvements Rule became effective. 81 Fed. Reg. 85732 (Nov. 28, 2016). The rule will not become effective in RCRA-authorized states, however, until the states adopt the provisions and the U.S. Environmental Protection Agency (EPA) approves those state programs that adopt the rule. Please see our Monthly Update for December 2016 for additional detail on the rule. The potential scope of the...
TSCA/FIFRA EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product Performance Testing Methods for Bed Bug Pesticide Products; OCSPP Test Guideline 810.3900, part of a series of test guidelines established by the EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) for use in testing pesticides and chemical substances. 82...
2016 was full of surprises, two of which are driving much of the environmental agenda for the U.S. Environmental Protection Agency (EPA) in 2017. First, Congress significantly amended the Toxic Substances Control Act (TSCA) in June of 2016. The changes are intended to reform the program to address the widely recognized deficiencies in the law, especially regarding existing chemicals, chemical testing, Confidential Business Information (CBI) claims, and preemption of state...
June 30, 2017
Weekly Roundup of Other Biobased News
Platts, “Recent California LCFS Case Ruling Unlikely to Affect State's Market: Sources” UPM Biofuels, “Ecofys Study on Crude Tall Oil Markets and Availability: Sufficient Supply for Advanced Biofuels, Biomaterials and Energy Usage” University of Illinois, “Corn Better Used As Food Than Biofuel, Study Finds” Chemical & Engineering News, “Green Synthesized Biofuel Meets Auto Standards”
By Lauren M. Graham, Ph.D. On June 19, 2017, Synthetic Genomics Inc. announced a breakthrough in its collaboration with ExxonMobil involving the modification of an algae strain that more than doubled its oil content to 40 percent without significantly inhibiting the strain’s growth. Synthetic Genomics researchers identified a genetic switch that could be fine-tuned to regulate the conversion of carbon to oil in the algae species, Nannochloropsis gaditana, and established a...
June 30, 2017
NBB Meets With Congress On Biodiesel Tax Incentive
By Kathleen M. Roberts On June 20, 2017, the National Biodiesel Board (NBB) announced that nearly 100 biodiesel advocates from across the country visited Capitol Hill to urge Congress to bring back the biodiesel tax incentive as proposed in both chambers of Congress. Industry participants consisted of biodiesel producers, distributors, and feedstock suppliers from over 24 states. According to Anne Steckel, the Vice President of Federal Affairs at NBB, the bipartisan biodiesel...
June 30, 2017
DOE Announces $32 Million In Funding For Small Businesses Developing Clean Energy Technology
By Lauren M. Graham, Ph.D. On June 21, 2017, the Department of Energy (DOE) announced that 32 small businesses across 18 states will receive a total of $32 million in grants to develop clean energy technologies that have a strong potential for commercialization and job creation. The funding was provided by DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. The 32 projects were selected based on scientific and technical...
June 29, 2017
NanoDefine Will Hold Workshop on Measurement and Classification of Nanomaterials According to the EC Definition
On October 24, 2017, NanoDefine will hold a one-day workshop in Frankfurt/Main, Germany. The main purpose of the workshop is to provide a practical demonstration of newly developed measurement techniques to end-users who have to implement the European Commission’s (EC) recommendation on the definition of a nanomaterial (2011/696/EU). NanoDefine experts have developed a wide panel of new validated measurement methods, techniques, instruments, and software to classify...
On June 26, 2017, Bergeson & Campbell, P.C. (B&C®) issued a summary and analysis of the three final Toxic Substances Control Act (TSCA) framework rules released by the U.S. Environmental Protection Agency (EPA) on June 22, 2017, EPA Issues Final TSCA Framework Rules. The final rules include the prioritization process rule, which establishes EPA’s process and criteria for identifying High-Priority chemicals for risk evaluation and Low-Priority chemicals for which risk...
June 27, 2017
TSCA Reform: One Year Later Conference, June 27, 2017, Washington D.C. and via Webinar
The Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health held a day-long "TSCA Reform: One Year Later" conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), just over one year after it was signed into law. Speakers discussed key components of the bipartisan...
June 26, 2017
Germany Publishes Meeting Report from Expert Dialogue on Application of Nanotechnologies in the Construction Sector
On June 1, 2017, the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety published meeting documents from the Expert Dialogue on “Opportunities and Risks of the Application of Nanotechnologies in the Construction Sector.” The documents include a summary of discussion, meeting agenda, and report, Regulation of construction products and possibilities to address (new) risks from nanomaterials. During the Expert Dialogue, participants...