Judicial Review, October 4, 2016, 11:00 a.m. EDT Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in "The New TSCA: What You Need To Know" webinar series presented by Chemical Watch and Bergeson & Campbell, P.C. (B&C®). Register online. Webinar 4: Preemption, PBTs, Fees, and Judicial Review, will cover: Section 6(h) -- Chemicals That Are Persistent,...
Category: General
TSCA/FIFRA/IRIS/NTP/TRI EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic Substances Control Act (TSCA) Section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. 81 Fed. Reg. 65636. Such statements apply to premanufacture...
October 1, 2016
WEBINAR – “The New TSCA” Webinar 4: Preemption, PBTs, Fees, and Judicial Review, October 4, 2016, 11:00 a.m. EDT
Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in "The New TSCA: What You Need To Know" webinar series presented by Chemical Watch and Bergeson & Campbell, P.C. (B&C®). Register online. Webinar 4: Preemption, PBTs, Fees, and Judicial Review, will cover: Section 6(h) -- Chemicals That Are Persistent, Bioaccumulative, and Toxic (PBT) Section 18 --...
Among its other requirements and authorities, Section 5 of new TSCA generally requires that a company timely submit to EPA a notice of its intent to manufacture or process a new chemical or significant new use (NC/SNU). EPA is then required to conduct a review of the Section 5(a)(1) notice and make a determination on the NC/SNU and take required additional actions. Questions have been raised as to whether the review period is fixed and requires that EPA determinations and actions be...
On September 12, 2016, the Biodiesel and Renewable Diesel Incentive Extension Act of 2016 (H.R. 5994) was introduced to the House of Representatives and referred to the House Committee on Ways and Means. The bill was introduced by Representative Diane Black (R-TN), and would extend the $1 per gallon biodiesel and renewable diesel blenders credit, originally set to expire December 31, 2016, through December 31, 2018. The blenders tax credit of $1 was created in 2005 for biodiesel or...
September 29, 2016
Lynn L. Bergeson, “Minnesota Adds Several Nanomaterials to List of Chemicals of High Concern,” Nanotechnology Now, September 29, 2016.
On September 13, 2016, the Minnesota Department of Health (MDH) announced the availability of an updated list of chemicals of high concern. See http://www.health.state.mn.us/divs/eh/hazardous/topics/toxfreekids/highconcern.html#list
September 29, 2016
Minnesota Adds Several Nanomaterials to List of Chemicals of High Concern
On September 13, 2016, the Minnesota Department of Health (MDH) announced the availability of an updated list of chemicals of high concern. Chemicals added to the list of chemicals of high concern include silicon carbide whiskers (Chemical Abstracts Service (CAS) Number 409-21-2), carbon nanotubes, multi-walled MWCNT-7 (CAS Number 308068-56-6), and silicon carbide, fibrous (CAS Number 308076-74-6). MDH added these nanomaterials based on their International Agency for Research on Cancer...
On September 21, 2016, the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) announced its regulatory determinations for a batch of Microbial Commercial Activity Notices (MCAN) and premanufacture notices (PMN). The announcement by EPA consisted of ten new microorganisms submitted as MCANs and seven new chemicals submitted as PMNs. All microorganisms and chemical substances were determined “not likely to present an unreasonable risk” (per...
September 25, 2016
ICE 2016 XXV International Congress of Entomology, September 25-30, 2016, Orlando, Florida
The 2016 XXV International Congress of Entomology theme was “Entomology Without Borders.” The event was expected to bring together the largest delegation of scientists and experts in the history of the discipline. B&C Senior Government Affairs Consultant James V. Aidala presented “Current US Regulatory Process” in the symposium “Agronomic and Economic Benefits of Seed Treatments: The IPM Perspective” on September 28.
September 23, 2016
Germany Publishes Review of the Joint Research Strategy of the Higher Federal Authorities
Germany Publishes Review of the Joint Research Strategy of the Higher Federal Authorities On September 19, 2016, the Federal Institute for Occupational Safety and Health (BAuA) published a report entitled Review of the joint research strategy of the higher federal authorities — Nanomaterials and other advanced materials: Application safety and environmental compatibility. The report states that in a long-term research strategy, the higher federal authorities responsible for...
September 23, 2016
Governors Publish Open Letter To Administrator McCarthy Requesting End Of RVP Limit On E15
On September 13, 2016, governors of seven ethanol producing states wrote to EPA Administrator Gina McCarthy requesting the removal of the Reid Vapor Pressure (RVP) limit on E15. RVP measures gasoline volatility, and E10 receives a one pound-force per square inch (psi) RVP waiver between June 1 and September 15 that is not extended to E15. The letter states "EPA's disparate handling of E10 and E15 with regard to fuel volatility regulation is stifling the widespread adoption of E15 and...
On September 16, 2016, the U.S. Navy announced the successful flight test of the EA-18G "Green Growler" plane on 100 percent advanced biofuel. Lt. Cmdr. Bradley Fairfax, project officer and test pilot, stated that "The information presented to us in the airplane is pretty simplified but, as far as I could tell, the aircraft flew completely the same as [petroleum-based] JP-5 for the whole flight." This program supports the Secretary of the Navy's (SECNAV) goal to increase...
September 23, 2016
DOE Hosts Alternative Aviation Fuels Workshop, New LUC Emissions Research Discussed
On September 14-15, 2016, the U.S. Department of Energy (DOE) hosted a two-day workshop with lead experts on aviation biofuels exploring opportunities to increase competitiveness of alternative jet fuels. The Alternative Aviation Fuel Workshop was organized in four parallel breakout sessions covering the economic and technical competitiveness, fuel conversion and scale-up, environmental sustainability and life-cycle benefits, and feedstock and product supply chains of lignocellulosic biomass...
September 21, 2016
Biotechnology: White House Releases Proposed Update to the Coordinated Framework and National Strategy for Modernizing the Regulatory System for Biotechnology Products
On September 16, 2016, the White House posted a blog item, "Building on 30 Years of Experience to Prepare for the Future of Biotechnology," releasing two documents intended to modernize federal regulation of biotechnology products. In July 2015, the White House directed the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) to develop a long-term strategy to ensure that the system is prepared for the future...
September 21, 2016
Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter Now Available
The September 2016 issue of the Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter is now available. This newsletter is prepared by the American Bar Association’s (ABA) Section of Environment, Energy, and Resources, and edited by Lynn L. Bergeson. Several professionals from Bergeson & Campbell, P.C. (B&C®) contributed articles to this issue of the newsletter. Articles in this special edition of the September 2016 issue are exclusively focused on...
September 21, 2016
EPA Researches How Sunscreens Containing Engineered Nanomaterials Might Change When Exposed to Chemicals in Pool Water
An August 15, 2016, U.S. Environmental Protection Agency (EPA) blog item describes EPA’s research on sunscreens containing engineered nanomaterials and how they might change when exposed to chemicals in pool water. According to EPA, many sunscreens contain titanium dioxide engineered nanomaterials, which are often coated with other materials such as aluminum hydroxide to shield skin from reactive oxygen species. EPA researchers are testing to see whether swimming pool water degrades the...
September 20, 2016
Lynn L. Bergeson, “EPA Releases Q&As on New TSCA,” Chemical Processing, September 20, 2016.
On September 2, 2016, the U.S. Environmental Protection Agency (EPA) released additional guidance on its implementation of the new Toxic Substances Control Act (TSCA) in the form of additional questions and answers (Q&As). This column explains the significance of this guidance. On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, ushering in a significantly enhanced, and effective immediately, chemical management law. (See...
On September 16, 2016, the U.S. Environmental Protection Agency (EPA) announced it settled an enforcement matter with Syngenta Crop Protection, LLC (Syngenta or Respondent) via a Consent Agreement and Final Order (CAFO) concerning EPA’s allegations that Syngenta violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and EPA’s Pesticide Container and Containment Rule (PCCR). The investigation took place over three years, starting in August 2012 and concluding...
On September 19, 2016, the U.S. Environmental Protection Agency (EPA) posted a notice on the Chemical Data Reporting website that it has amended the CDR regulations to extend the 2016 submission deadline from September 30, 2016, to October 31, 2016. According to the pre-publication version of the Federal Register notice for the final rulemaking, EPA received a request for an extension, citing problems with certain aspects of the electronic reporting system...
September 19, 2016
NNCO Will Hold Webinar on Nanotechnology and the Insurance Industry
On September 22, 2016, the National Nanotechnology Coordination Office (NNCO) will hold a webinar on the insurance industry and the challenges of underwriting nanotechnology and other emerging technologies. NNCO Director Dr. Michael Meador will moderate the webinar discussion. Speakers will include: Allen Gelwick, Executive Vice President of the Lockton Companies; Christie Sayes, Associate Professor of Environmental Science and Toxicology at Baylor University; David...