All Knowledge & Insights By Date

In response to the increasing concerns regarding emerging viral pathogens that are not on U.S. Environmental Protection Agency (EPA)-registered disinfectant labels, EPA announced on April 7, 2016, that it was updating its Guidance regarding emerging viral pathogens. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is authorized to evaluate the efficacy of antimicrobial products intended to control pathogens that can be detrimental to public health. Many believe...

BETO's Thermochemical Feedstock Interface Project is presenting a Field-to-Fleet project webinar. The event will include a discussion of the project, its outcomes, and opportunities for partnership. Over the course of the multi year project, researchers have discovered how feedstock type affects various thermochemical biofuels conversion processes and quantified impacts of feedstock type on the hydrotreatment of pyrolysis oil, and how the methodology can be applied to other thermochemical...

On March 28, 2016, the U.S. Department of Energy's (DOE) Bioenergy Technologies Office (BETO) announced the 2016 update of the BETO Multi-Year Program Plan (MYPP). The MYPP helps BETO coordinate its activities and details BETO's activities in the coming years. The latest MYPP includes three major changes: A revised vision statement, "Developing and demonstrating transformative and revolutionary bioenergy technologies for a sustainable nation," to emphasize the role of BETO in...

On April 5, 2016, Inside EPA included comments from a Pesticide Law and Policy Blog post written by B&C partner Lisa Campbell and B&C attorney Timothy Backstrom in the article “Bayer Eyes Rare FIFRA Hearing To Challenge EPA Pesticide Cancellation.”  Observers tracking the case say that whether the Office of Administrative Law Judges (ALJ) requires EPA to follow the lengthier cancellation process under FIFRA section 6(b) could inform...

Toxic Substances Control Act (TSCA) reform has been a “work in progress” for years. House and Senate passage in 2015 of substantive TSCA reform measures considerably improved the odds that Congress would enact TSCA-reform legislation in 2016. Recent events suggest otherwise, however, and as of this writing in mid-March the fate of TSCA reform remains decidedly uncertain. Momentum has dissipated as a dithering House has been slow to engage with Senate counterparts to reconcile the different...

On March 28, 2016, a three-judge panel in the U.S. Court of Appeals for the Ninth Circuit, Case Nos. 15-71207, et al. (consolidated) issued an order denying the Petitioners’ March 10, 2016, motion asking the court to adjudicate their challenges to the Environmental Protection Agency’s (EPA) registration of the pesticide Enlist Duo during remand of the registration decision to EPA, as well as their alternative request that the court stay issuance of its mandate and retain...

TSCA/FIFRA/IRIS/NTP/TRI EPA Issues SNUR For TCE: On April 8, 2016, the U.S. Environmental Protection Agency (EPA) issued a final Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE). 81 Fed. Reg. 20535. The significant new use is the manufacture or processing for use in a consumer product, with the exception for use of TCE in cleaners and solvent degreasers, film cleaners, hoof polishes, lubricants, mirror edge sealants, and pepper spray....

On January 26, 2016, the U.S. Environmental Protection Agency (EPA) published a draft National Pollutant Discharge Elimination System (NPDES) pesticide general permit (PGP) for public comment. The publication marks the first reissuance of the PGP since its inception in 2011. The Sixth Circuit’s decision in National Cotton Council v. EPA, F.3d 927 (6th Cir. 2009), which vacated EPA’s 2007 rule exempting pesticides from NPDES permitting, required EPA to issue the PGP. In October 2011, EPA...

On March 10, 2016, the U.S. Environmental Protection Agency (EPA) filed a motion to dismiss for lack of subject matter jurisdiction and a supporting memorandum of law (Memorandum) in Anderson v. McCarthy, Case No. 3:16-cv-00068 (N.D. Cal. filed Jan. 6, 2016).  In support of its motion, EPA states that the District Court lacks jurisdiction because three of the four claims stated in the complaint “seek review of a guidance document that does not constitute ‘final agency action’...

On March 22, 2016, EPA announced the availability of $7.94 million in federal grants to support pollution prevention (P2) projects during Fiscal Years 2016 and 2017. Projects should reduce or eliminate the use of hazardous materials, water, and energy and will support the P2 Program National Emphasis Areas of: Climate Change Mitigation/Prevention of Greenhouse Gas Emissions;   More Sustainable Food Manufacturing and Processing; or   State or Community Approaches to Hazardous Materials...

The European Chemicals Agency (ECHA) announced on March 23, 2016, a new publication co-authored with the Dutch National Institute for Public Health and the Environment (RIVM) and Joint Research Center (JRC) that illustrates how to use data for different nanoforms within the same substance registration.  According to ECHA, this approach “will form a cornerstone in the future guidance development on hazard assessment for nanoforms” at the European Union (EU) and Organization for Economic...

The European Chemicals Agency (ECHA) announced on March 23, 2016, a new publication co-authored with the Dutch National Institute for Public Health and the Environment (RIVM) and Joint Research Center (JRC) that illustrates how to use data for different nanoforms within the same substance registration.

The National Nanotechnology Coordination Office (NNCO) published a Federal Register notice on March 14, 2016, announcing the following events in support of the National Nanotechnology Initiative (NNI): The “2016 NNI Strategic Planning Stakeholder Workshop,” which will be held May 19-20, 2016. NNCO expects to obtain input from individual stakeholders that it may use to inform the development of the NNI Strategic Plan.  Representatives of the U.S. research community,...

On March 7, 2016, the U.S. Environmental Protection Agency (EPA) announced the update of three greenhouse gas (GHG) inventory guidance documents. The documents have new emission factors and guidance on data estimation methods, with specific sections on waste and biomass derived fuels. The updated guidance documents are needed by organizations that must report GHG emissions to EPA and cover direct emissions from stationary combustion sources, direct emissions from mobile combustion sources, and...

On March 10, 2016, DOE's BETO announced that $1.9 million has been allocated for biofuel, bioproduct, and biopower projects under its Small Business Vouchers (SBV) Pilot initiative. The grant money is the first of up to $20 million that DOE has agreed to commit to help small businesses receive specialized assistance with their technologies. Under the SBV Pilot, eligible U.S.-owned small businesses with less than 500 employees can request a voucher for use at one of DOE's national...

The February 24, 2016, Official Journal of the European Union includes the opinion of the European Economic and Social Committee (EESC) on “Nanotechnology for a competitive chemical industry.”  The opinion addresses nanotechnology in an innovative Europe; nanotechnology in the chemical industry and medicine; nanotechnology as an economic component; nanotechnology as an environmental component; nanotechnology as an employment/social component; opportunities and risks associated...

The February 24, 2016, Official Journal of the European Union includes the opinion of the European Economic and Social Committee (EESC) on "Nanotechnology for a competitive chemical industry."

The U.S. Environmental Protection Agency (EPA) released on February 25, 2016, amendments to the accidental release prevention requirements of the Risk Management Programs (RMP) under the Clean Air Act Section 112(r)(7). This column summarizes this important proposed rule.