Category: General

June 27, 2014

House-Passed Defense Spending Bill Prohibits Spending On Green Energy

On June 20, 2014, the U.S. House of Representatives passed its version of the fiscal year (FY) 2015 appropriations bill to fund the U.S. Department of Defense (DOD), H.R. 4870, including language repealing Section 526 of the Energy Independence and Security Act of 2007 (Section 526). Section 526 prohibits federal agencies from procuring synfuel unless its lifecycle GHG emissions are less than those for conventional petroleum sources. BRAG reported that last month the U.S. House of...
June 27, 2014

Scientists Weigh In On Biogenic Carbon Accounting Debate

On June 19, 2014, over 90 scientists sent a letter to EPA urging the Agency to move forward under its Tailoring Rule by "1) moving beyond the flawed assumption that bioenergy is inherently carbon neutral; 2) rejecting the regional accounting method originally proposed in the draft Accounting Framework; and 3) ensuring a scientifically sound methodology for determining the carbon emissions impact to the atmosphere from burning long-recovery woody biomass feedstocks -- most notably, whole...
June 27, 2014

Supreme Court Affirms EPA’s Power To Regulate Carbon Dioxide Under The Clean Air Act

The U.S. Supreme Court issued a ruling on Monday, June 23, 2014, which upheld the authority of EPA to regulate carbon dioxide under the Clean Air Act (CAA), but with limitations. The Court held that EPA may require permits and carbon control efforts for large stationary sources that emit large quantities of carbon dioxide. The emission of certain quantities of other regulated greenhouse gas (GHG) emissions -- not carbon dioxide alone -- must trigger the requirements, however. The Court held that...
June 27, 2014

NBB Challenges Monroe Energy’s Standing To Challenge 2013 RFS

On June 20, 2014, the National Biodiesel Board (NBB) filed a petition with the U.S. Court of Appeals for the District of Columbia Circuit requesting that the court rehear whether Monroe Energy (Monroe), a refining subsidiary of Delta Airlines, had standing to challenge EPA's final rule setting the 2013 Renewable Fuel Standard (RFS). BRAG reported on the court's recent denial of Monroe's challenge to that final rule. A copy of that report is available online. As BRAG reported, the...
June 27, 2014

DOE Awards $100 Million To Support 32 U.S. EFRCs

On June 18, 2014, the U.S. Department of Energy (DOE) announced its second round of funding for Energy Frontier Research Centers (EFRC) designed to promote scientific breakthroughs in energy. Under this round of funding, DOE is providing $100 million to support 32 EFRC projects throughout the country. According to DOE's press release on the announcement, the selected EFRCs "will help lay the scientific groundwork for fundamental advances in solar energy, electrical energy storage,...
June 24, 2014

FDA Issues Final and Draft Nanotechnology Guidances

On June 24, 2014, the U.S. Food and Drug Administration (FDA) issued three final guidances and one draft guidance that it intends to provide “greater regulatory clarity for industry on the use of nanotechnology in FDA-regulated products.” One final guidance addresses FDA’s overall approach for all products that it regulates, while the two additional final guidances and the new draft guidance provide specific guidance for the areas of foods, cosmetics, and food for animals,...
June 24, 2014

Lynn L. Bergeson, “FDA Issues Final and Draft Nanotechnology Guidances,” Nanotechnology Now, June 24, 2014.

On June 24, 2014, the U.S. Food and Drug Administration (FDA) issued three final guidances and one draft guidance that it intends to provide "greater regulatory clarity for industry on the use of nanotechnology in FDA-regulated products." See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm402499.htm. One final guidance addresses FDA's overall approach for all products that it regulates, while the two additional final guidances and the new draft guidance provide specific...
June 21, 2014

Lynn L. Bergeson, “House Releases Discussion Draft of TSCA Reform Legislation,” Environmental Quality Management, Summer 2014.

Reform of the Toxic Substances Control Act (TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a much anticipated discussion draft that would update TSCA. The Chemicals in Commerce Act (CICA) keys off of Senate Bill (S.) 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by late Sen. Frank R. Lautenberg (D-NJ) and Sen. David...
June 21, 2014

Lynn L. Bergeson, Timothy D. Backstrom, “EPA Issues Stop Sales Order for Unregistered Food Containers Containing Nanosilver: What Are the Implications?,” Nanotechnology Law & Business, Volume 11, Issue 3, 2014.

On March 19, 2014, the U.S. Environmental Protection Agency (EPA) issued an administrative order to Pathway Investment Corp. (Pathway) of Englewood, New Jersey, to stop the sale of plastic food storage containers that are not registered with EPA, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to a press release issued on March 31, 2014, by EPA concerning the stop sale order, the Company’s Kinetic Go Green Premium Food Storage Containers and Kinetic...
June 18, 2014

Denmark Order on Nano Products Register Enters Into Force

On June 18, 2014, Denmark’s order concerning a nano products register entered into force. The order imposes annual reporting requirements on manufacturers and importers concerning mixtures and products containing nanomaterials. The reporting requirements apply to mixtures and articles that are intended for sale to the general public and contain nanomaterials, where the nanomaterial itself is released under normal or reasonably foreseeable use of the mixture or article, or where the...
June 17, 2014

EC Committee Publishes Final Opinion on Nanosilver

On June 13, 2014, the European Commission (EC) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) published its final opinion on “Nanosilver:  safety, health and environmental effects and role in antimicrobial resistance.” SCENIHR states that the opinion is intended “to assess whether the use of nanosilver, in particular in medical care and in consumer products, could result in additional risks compared to more traditional uses of silver and whether the...
June 17, 2014

ACS 18th Annual Green Chemistry & Engineering Conference, June 17-19, 2014, Bethesda, Maryland

As the longest running green chemistry conference in the United States, GC&E invites scientists, decision-makers, students, and advocates to come together, compare findings, and discuss the science of the future. B&C affiliate the Biobased and Renewable Products Advocacy Group (BRAG™) presented "Regulatory Landscape & Implications for Innovation," Thursday, June 19, 2014.Speakers and topics included:Lynn L. Bergeson, Bergeson & Campbell, P.C., ModeratorEmily Tipaldo, American...
June 13, 2014

Lynn L. Bergeson Joins Editorial Board of Industrial Biotechnology, the Journal of Biobased Innovation

Co-Editor-in-Chief Larry P. Walker, Ph.D., announced that Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and President of B&C Consortia Management, L.L.C. (BCCM), has been appointed to the editorial board of Industrial Biotechnology, the journal of biobased innovation driving the global bioeconomy published bimonthly by Mary Ann Liebert, Inc. Publishers. In making the announcement, Dr. Walker commented that "Ms. Bergeson's membership on the...
June 13, 2014

EPA Announces Safer Alternatives for Toxic Flame Retardants

The U.S. Environmental Protection Agency (EPA) announced on June 12, 2014, safer alternatives to flame retardants currently used in consumer and commercial products, including building insulation and products with flexible polyurethane foam. According to EPA, flame retardant chemicals such as hexabromocyclododecane (HBCD) and pentabromodiphenyl ether (pentaBDE) "raise concerns for human health and the environment including potential reproductive, developmental, and neurological effects and can...
June 9, 2014

NIOSH Releases The State of the National Initiative on Prevention through Design

Last month, the National Institute for Occupational Safety and Health (NIOSH) released a report entitled The State of the National Initiative on Prevention through Design, which provides an overview of the progress and accomplishments of the Prevention through Design (PtD) initiative. The ultimate goal is to prevent or reduce occupational injuries, illnesses, or fatalities through the inclusion of prevention considerations into all designs that might impact workers. According to the report,...
June 6, 2014

Chemical Facility Safety and Security Working Group Issues Report Summarizing Progress on Improving

In April 2013, an explosion destroyed a fertilizer plant in West, Texas, killing 15. In response to this and other recent catastrophic and fatal incidents at chemical facilities, President Obama on August 1, 2013, issued Executive Order (EO) 13650 -- Improving Chemical Facility Safety and Security. The purpose of the EO is to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to facility workers and operators, communities, and...
June 6, 2014

Renewable Energy Group Announces Completion Of Syntroleum Acquisition

On June 3, 2014, Renewable Energy Group, Inc. (REG) announced that its wholly-owned subsidiary, REG Synthetic Fuels, LLC, has closed its acquisition of substantially all of the assets of Syntroleum Corporation. The assets acquired from Syntroleum include a 50 percent ownership interest in Dynamic Fuels, LLC, which owns a 75 million gallon per year nameplate capacity renewable diesel biorefinery located in Geismar, Louisiana. REG has a separate pending agreement with Tyson Foods, Inc. to acquire...
June 6, 2014

Environmental Working Group Report On Corn Ethanol

On May 29, 2014, the Environmental Working Group (EWG) released a report entitled "Ethanol's Broken Promise: Using Less Corn Ethanol Reduces Greenhouse Gas Emissions." A copy of the report is available online. The report concludes that "[t]he Environmental Protection Agency's pending proposal to cut the amount of corn ethanol that must be blended into gasoline in 2014 by 1.39 billion gallons would lower U.S. greenhouse gas emissions by the equivalent of 3 million tons of...