On March 8, 2017, Senator James Lankford (R-OK) introduced S. 578, the “Better Evaluation of Science and Technology Act” or “BEST Act,” a bill that would amend title 5 of the United States Code, commonly referred to as the Administrative Procedure Act (APA), to “provide requirements for agency decision making based on science.” Although the BEST Act does not refer to the recently amended Toxic Substances Control Act (TSCA), it is apparent that it plans to implement the same...
Category: General
March 20, 2017
James Aidala Quoted In Bloomberg BNA Daily Environment Report Article “Mixed Review of Glyphosate Links to Cancer Frustrates Some”
On March 20, 2017, James Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report on the recently released report on the health risks posed by glyphosate. “My overall reaction to the report was that it was really uninformative,” Jim Aidala, a consultant with Bergeson & Campbell PC who served as the EPA's chemical office chief under President Bill Clinton, told Bloomberg BNA. The...
March 17, 2017
Weekly Roundup of Other Biobased News
? Euractiv, “Parliament Committee Says Palm Oil Biofuels Usage Should End by 2020” ? Bellona, “Opportunities and Risks of Seaweed Biofuels in Aviation” ? Pacific Business News, “Hawaii’s Largest Oil Refinery Owner in Talks with Biofuel Developers” ? Chemical & Engineering News, “Nestlé, Danone Look to Renewable Bottles”
On March 9, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), announced that its My Renewable Diesel helped reduce greenhouse gas (GHG) emissions by 6.7 million tons in 2016. The reduction of carbon emissions from MY Renewable Diesel is equivalent to the removal of 2.4 million passenger cars from the road for one full year. The low-carbon diesel, which is refined from renewable raw materials, is suitable for all diesel-powered passenger cars and...
March 17, 2017
Coalition Sends Letter To Trump On Ethanol Policy Changes
On March 7, 2017, the Governors’ Biofuels Coalition sent a letter to President Trump requesting the Administration’s support for changes to various federal policies to strengthen biofuels production and expand markets for ethanol and other biofuels. The letter, which was signed by Nebraska Governor Pete Ricketts and Iowa Governor Terry Branstad, specifically highlights the need for the Trump Administration to change the fuel volatility limitations placed on E15, to update corn...
March 17, 2017
Bipartisan Bill Introduced To Reform RFS Program
On March 2, 2017, Congressman Bob Goodlatte (R-VA) reintroduced the Renewable Fuel Standard (RFS) Reform Act, which aims to guide the debate and reform of the ethanol mandate. According to Goodlatte, the RFS program failed to lower prices at the pump and resulted in unintended and profound effects on consumers, energy producers, livestock producers, retailers, and the environment. The RFS Reform Act, which had 42 bipartisan cosponsors, would eliminate corn-based ethanol requirements,...
March 16, 2017
EPA’s Extension of Comment Date for TSCA Inventory Notification Proposed Rule Issued in Error
On March 15, 2017, the U.S. Environmental Protection Agency (EPA) announced it would be extending the comment period on the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) proposed rule issued on January 13, 2017. On March 16, 2017, however, EPA rescinded this extension, stating it was issued in error, but did state that it would “make every effort to consider comments received outside of the formal comment period, if provided by March 24, 2017.” EPA is...
On March 10, 2017, the Scientific Committee on Consumer Safety (SCCS) began a public consultation on its opinion on titanium dioxide (nanoform) as an ultraviolet (UV)-filter in sprays. In July 2015, the European Commission (EC) received new data from industry to support the safe use of nano titanium dioxide when used as a UV-filter in sunscreens and personal care spray products at a concentration up to 5.5 percent. The EC asked SCCS whether, in light of the data provided, nano...
On March 10, 2017, the U.S. Environmental Protection Agency (EPA) announced that its Office of Pollution Prevention and Toxics (OPPT) would be hosting two webinars covering the use of the Central Data Exchange (CDX) for upfront confidential business information (CBI) substantiation. Per EPA’s notice on January 19, 2017, the statutory requirements for substantiation of CBI claims will change effective March 21, 2017, for Toxic Substances Control Act (TSCA) submissions. In...
March 9, 2017
RFA Publishes Report On U.S. Ethanol Industry
On February 22, 2016, the Renewable Fuels Association (RFA) published the results of a study on the impact of the ethanol industry on the U.S. economy. The study, which was commissioned by ABF Economics, found that the U.S. ethanol industry contributed over $42 billion to the nation’s gross domestic product (GDP) and supported 340,000 jobs in 2016. Additionally, the report states that the ethanol industry provided significant contributions in terms of displacing imported crude...
On February 27, 2017, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the publication of the Biorefinery Optimization Workshop Summary Report. The report provides an overview of the discussion on industry challenges and opportunities that took place during the October 2016 Biorefinery Optimization Workshop in Chicago, Illinois. The workshop, which comprised a combination of presentations and breakout sessions, focused on feedstock and...
President Trump’s February 28, 2017, Executive Order (E.O.) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest development in the attempt to resolve the long-standing question of which surface waters and wetlands may be federally regulated and subjected to permitting under the Clean Water Act (CWA). In the decade since the U.S. Supreme Court issued its fractured opinion...
On March 6, 2017, the White House’s Office of Management and Budget (OMB), via the Office of Information and Regulatory Affairs (OIRA), issued Memorandum: Spring 2017 Data Call for the Unified Agenda of Federal Regulatory and Deregulatory Actions, a memorandum for regulatory policy officers at executive departments and agencies and managing and executive directors of certain agencies and commissions, with the subject: Spring 2017 Data Call for the Unified Agenda of Federal...
March 7, 2017
EPA Denies TSCA Section 21 Petition on Fluoride Chemicals in Drinking Water; Provides Response to Petition
On February 27, 2017, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice that it was denying a Toxic Substances Control Act (TSCA) Section 21 petition that requested regulatory action under Section 6 to “prohibit the purposeful addition of fluoridation chemicals to U.S. water supplies,” and that it was making available its response to the petition. 82 Fed. Reg. 11878. The petition was received by EPA on November 23, 2016, and EPA had...
On March 2, 2017, the European Chemicals Agency (ECHA) announced that its Board of Appeal issued its decision in Case A-011-2014, which concerns a Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) dossier evaluation for titanium dioxide. In its evaluation, ECHA considered only the substance identity information required and not the information requirements for human health and environmental effects. The Contested Decision required...
On March 6, 2017, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), was quoted by the Bloomberg BNA Daily Environment Report laying out responses that the U.S. Environmental Protection Agency (EPA) may have to proposed budget cuts. There's a long process ahead before Congress decides what EPA's budget and staffing levels will be, Jim Aidala, who served under President Bill Clinton and now is a senior government affairs consultant...
On March 6, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice in the Federal Register reopening the comment period on the risk evaluation scoping efforts under the Toxic Substances Control Act (TSCA) for the ten chemical substances that were designated on December 19, 2016: 1, 4 Dioxane; Methylene Chloride; 1-Bromopropane; N-Methylpyrolidone; Asbestos; Pigment Violet 29; Carbon Tetrachloride; Trichloroethylene; Cyclic Aliphatic Bromide Cluster...
On March 1, 2017, President Trump’s Executive Order (EO) 13777, Enforcing the Regulatory Reform Agenda, issued on February 24, 2017, was published in the Federal Register. 82 Fed. Reg. 12285. This EO follows closely on the heels of his previous EO concerning government regulations (EO 13771), but is different in that it is intended to further and enforce President Trump’s EO as well as EO’s issued in prior administrations, instead of creating an entirely new set of...
On February 22, 2017, the American Petroleum Institute (API) announced plans to submit comments to EPA in support of its proposal to deny petitions requesting EPA initiate a rulemaking process to change the point of obligation for compliance under the RFS program. During the press call, Frank Macchiarola, the Group Director of Downstream and Industry Operations at API, stated that changing the point of obligation would create significant uncertainty and complications in the RFS program and...
March 3, 2017
DOE Launches Consortium To Tackle Catalysis Challenges
On February 21, 2017, the U.S. Department of Energy’s (DOE) Bioenergy Technologies Office (BETO) announced the launch of its Chemical Catalysis for Bioenergy Consortium (ChemCatBio), a research and development consortium focused on overcoming catalysis challenges for biomass conversion processes. The consortium, which consists of the National Renewable Energy Laboratory, the Pacific Northwest National Laboratory, and five other DOE national laboratories, aims to accelerate the...