On May 23, 2014, the U.S. Environmental Protection Agency (EPA) posted its 2014 Regulatory Agenda, which still includes RIN 2070-AJ54, "Nanoscale Materials; Chemical Substances When Manufactured, Imported, or Processed as Nanoscale Materials; Reporting and Recordkeeping Requirements; Significant New Use Rule." See http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RIN=2070-AJ54.
Category: General
The U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) recently noted that it successfully completed the Agency's reorganization process and that the effective date will be sometime after June 9, 2014. The reorganization, which Bergeson & Campbell, P.C. (B&C®) had discussed in its "Predictions" memo, available online, represents a significant shuffle in responsibilities and also reduces the number of OPPT Divisions by one with the...
In late March, EPA and Army Corps of Engineers (Corps) proposed a rule that would dramatically revise and expand the reach of the Clean Water Act’s (CWA) jurisdiction. Unquestionably, determining the scope of the CWA’s jurisdiction, particularly over streams and tributaries, has become confusing and complex following several Supreme Court decisions and various EPA interpretations issued in response to these decisions over the years. For nearly a decade, Congress, state and local officials,...
TSCA/FIFRA/IRIS/EPCRA EPA Extols Pesticide Civil Penalty, But The Decision Could Be Problematic For Registrants And EPA: On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations. The vast majority of the penalty was based on violations of FIFRA Section 12(a)(2)(E), because, EPA alleged,...
How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory policy issue. It is difficult to dispute that when applying a pesticide product some small amount may, in some circumstances, move off-site. In other words: “drift happens.” The issue quickly becomes whether, from a risk management perspective, the amount of off-site...
A world-class conference designed exclusively for product stewardship professionals. Hosted by AIHA’s Product Stewardship Society, Stewardship 2014 brought together prominent product stewardship professionals to present and discuss global emerging issues, case studies, practical experiences, and new developments. Lynn L. Bergeson gave two presentations: “Emerging Legal and Product Stewardship Implications of Products of Nanotechnology,” and “Managing Confidential Business...
The French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published on May 15, 2014, a review of the available literature on health and environmental issues relating to manufactured nanomaterials. According to ANSES, the review “will help clarify scientific understanding and demonstrate the toxic effects of some nanomaterials on living organisms and the environment.” ANSES states that it is difficult to assess the specific risks associated with...
Last week, the U.S. House of Representatives and the U.S. Senate Committee on Armed Services passed versions of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 that included starkly different provisions on biofuels. The House version would severely limit U.S. Department of Defense (DOD) authority to promote the procurement of biofuels. For instance, it included a provision that would allow DOD to procure biofuels only if their costs were "equivalent to"...
In last week’s Special Report on Scale-up in Industrial Biotechnology, the Digest noted that a consistent lesson shared by leading biotech heavyweights at the BIO World Congress scale-up session is to “avoid an afterthought approach to regulatory compliance.” As luck and good scheduling would have it, after lunch on the same day, savvy conference-goers got up-close-and-personal with two senior U.S. Environmental Protection Agency (EPA) regulators and a seasoned company executive...
May 23, 2014
REG Makes Deal For Full Ownership Of Dynamic Fuels
On May 21, 2014, Renewable Energy Group, Inc. (REG), a leading U.S. biodiesel producer, and Tyson Foods, Inc. (Tyson) announced that they have agreed to REG's acquisition of Tyson's 50 percent ownership position in Dynamic Fuels, LLC (Dynamic Fuels). Contingent upon the closing of REG's December 2013 announced agreement to acquire substantially all of the assets of Syntroleum Corporation (Syntroleum), the acquisition announced on May 21, 2014, would give REG full ownership of Dynamic...
May 23, 2014
Segetis Receives Minnesota NextGen Energy Grant
On May 19, 2014, the Minnesota Department of Agriculture (MDA) announced that it has awarded Segetis, Inc., a green chemistry company based in the State, a $325,000 NextGen Energy Grant. The grant will be used for equipment, capital construction, and materials for operation of a pilot plant for process development required to commercialize their biobased non-phthalate plasticizer. A copy of the MDA press release on the grant awards is available online.
On May 21, 2014, Iowa Governor Terry Branstad (R) signed into law Senate Bill 2344, legislation to help promote the biofuels industry in the State. A copy of the legislation is available online. It extends the biodiesel production tax credit that was scheduled to expire at the end of 2014, enhances Iowa's E-15 retailer tax credit, and adds biobutanol as a renewable fuel option. This law reinforces Iowa's ongoing support for the biofuels industry.
On May 15, 2014, the U.S. Senate failed to pass a procedural measure that would have allowed for that body to consider and vote on S. 2260, the "Expiring Provisions Improvement Reform and Efficiency (EXPIRE) Act," the package of tax extenders approved by the Senate Finance Committee in April. The EXPIRE Act includes extensions through December 31, 2015 (and retroactive to January 1, 2014), of the following key biofuels incentives that have expired: the Alternative Fuel Refueling...
May 23, 2014
DOE Publishes Notices Announcing Meeting Of And Solicitation Of Nominees For Biomass R&D Technical
On May 19, 2014, two U.S. Department of Energy (DOE) notices were published in the Federal Register. The first is a notice of an open meeting of the Biomass Research and Development Technical Advisory Committee (Committee). The Committee advises DOE and the U.S. Department of Agriculture (USDA) on the Biomass Research and Development Initiative (BRDI) and priority technical biomass research and development (R&D) needs, and makes recommendations to the Biomass Research and Development Board....
May 22, 2014
Lynn L. Bergeson, “Spotlight Shines on Plant Safety,” Chemical Processing, May 22, 2014.
Chemical plant safety is once again in the limelight due to some high profile and very public catastrophes. On January 3, 2014, a federal working group created by the Obama administration’s Executive Order (EO) 13650 issued a set of preliminary options intended to improve chemical plant safety and security. This is a priority topic commanding considerable attention and readers should be aware of and engaged in these developments. This column explains why.
On May 19, 2014, the European Commission (EC) Joint Research Center (JRC) announced the availability of a report discussing labeling and reporting schemes for nanomaterials in consumer products in the European Union (EU). The JRC notes that current EU legislation requires nanomaterials to be reported in the list of ingredients, with “nano” added in brackets after the substance name, for food, cosmetics, and biocides. According to the JRC, manufacturers sometimes add voluntary...
May 20, 2014
Lynn L. Bergeson, “Chemical Safety and Drinking Water Protection Act,” Pollution Engineering, May 20, 2014.
The tragic spill of a chemical into the Elk River in West Virginia that occurred on Jan. 9, 2014, has spurred the development of new legislation. On Jan. 27, 2014, Senators Joe Manchin (D-W.V.), Barbara Boxer (D-Calif.), Chair of the Environment and Public Works Committee, and Jay Rockefeller (D-W.V.) introduced the Chemical Safety and Drinking Water Protection Act of 2014. The regrettable spill and the mismanagement of the spill’s consequences by federal and state regulators reads like a case...
May 19, 2014
J. Brian Xu, M.D., Ph.D., D.A.B.T., Joins Bergeson & Campbell, P.C. and The Acta Group as Toxicologist
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) are pleased to announce the addition of Brian Xu, Ph.D., to our firms. Dr. Xu, a board-certified toxicologist and medical doctor, will assist clients in developing and managing international projects involving U.S. Food and Drug Administration (FDA) and U.S. Environmental Protection Agency (EPA) regulated consumer products, pharmaceuticals, cosmetics, industrial and specialty chemicals, agrochemicals, and antimicrobials. Dr. Xu...
On May 13, 2014, INVISTA and LanzaTech announced that they signed a research and development agreement to focus on the development of gas-fermentation process technology for the production of industrial chemicals from carbon dioxide and hydrogen gas (CO2 and H2) feedstocks. Warren Primeaux, President of INVISTA intermediates, explained that the agreement will "provide INVISTA increased access to LanzaTech's world-class gas-fermentation process technology and help accelerate the...