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Congress returned from its August recess this week, and, as expected, the Republican leadership of the U.S. House of Representatives is looking toward passing legislation on the remaining nutrition portion of the Farm Bill, including $40 billion in cuts to food stamp programs over the next ten years. The bill could come up for a vote next week. House Republican leaders, including House Committee on Agriculture Chair Frank Lucas (R-OK), have stated they do not wish to go ahead with a conference...

The group of four House Energy and Commerce Committee Members tasked with examining ways to reform the federal RFS met this week for the first time since the August recess. The group was named by Committee Chair Fred Upton (R-MI) and includes Representatives John Shimkus (R-IL), Cory Gardner (R-CO), Lee Terry (R-NE), and Steve Scalise (R-LA). Reportedly, the group is looking at potential proposals that could be released this fall. In general, the biofuels industry is working hard to advocate...

On September 6, 2013, EPA's Office of the Inspector General (IG) issued a report finding that the Agency does not meet the control standards for monitoring some of the new programs and activities designed to prevent and reduce instances of fraudulently generated RINs under the federal RFS. EPA's one-page report summary is available online and its 23-page full report is available online. The EPA IG findings come at a vulnerable time for the RFS and its allies. Trade groups representing...

The U.S. Environmental Protection Agency (EPA) reportedly has completed its proposed rule setting the 2014 renewable volume obligations (RVO) for obligated parties under the federal Renewable Fuel Standard (RFS). The proposal is now being reviewed by the Office of Management and Budget before being published in the Federal Register, which will open the public comment period. By law, EPA is required to set the following year's RFS RVOs by November 30. The 2013 RVOs were not prepared in final...

Delegates attending the ChemCon conference this week in Seoul, South Korea were given a valuable in-depth look at the complicated landscape of chemical regulations in China. Leslie S. MacDougall presented “An Overview of Regulations on the Management of Chemical Substances in China with Updates and Developments in the New Chemical Substance Notification (NCSN) Scheme,” a session that was covered by BNA Daily Environment Report and the ChemCon Daily. ‘‘‘The administration...

The Organization for Economic Cooperation and Development (OECD) posted on September 9, 2013, a final report entitled Co-Operation on Risk Assessment: Prioritisation of Important Issues on Risk Assessment of Manufactured Nanomaterials. This document follows on a report published by the Working Party on Manufactured Nanomaterials (WPMN) entitled Important Issues on Risk Assessment of Manufactured Nanomaterials, which identified a range of issues that the WPMN considered important in risk...

The Congressional Research Service (CRS) prepared an August 9, 2013, report entitled The National Nanotechnology Initiative: Overview, Reauthorization, and Appropriations Issues. According to the report, from fiscal year (FY) 2001 through FY 2013, the federal government invested approximately $17.9 billion in nanoscale science, engineering, and technology through the U.S. National Nanotechnology Initiative (NNI). President Obama has requested $1.7 billion in NNI funding for...

Despite 40 years of policy tinkering and lawsuits, there is still major disagreement over the scope of the Clean Water Act (CWA) jurisdiction today. A series of conflicting lower court decisions led the Supreme Court to twice address the definition of “waters of the U.S.” (WOTUS) with respect to wetlands policy. In 2011 the EPA and the U.S. Army Corps of Engineers decided to incorporate all of the Justices’ opinions in sweeping, new draft guidance that would greatly increase the number and...

On June 14, 2013, the EPA proposed revisions to the Renewable Fuel Standard. The amendments seek to clear up some fuel classifications to ease the burden on the industry. The proposal would allow use of biogas from landfills to meet the obligations imposed on refiners and importers to utilize renewable feedstocks in transportation fuels; also, it clarifies the renewable biofuels that can be categorized as cellulosic biofuels. This article discusses the revisions.

Renewable fuel and chemical company Aemetis, Inc. announced this week that EPA has approved its Renewable Fuel Standard (RFS) pathway to produce ethanol using grain sorghum and biogas with the Company's existing Combined Heat & Power system to generate D5 Advanced Biofuels Renewable Identification Numbers (RIN). This announcement means that additional fuel will qualify to fulfill the annual renewable volumetric targets under the federal RFS statute. It comes as EPA is preparing its...

On August 28, 2013, the Solid Waste Association of North America (SWANA) and the National Solid Wastes Management Association (NSWMA) sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy urging EPA to (1) issue quickly a final rule clarifying how biogenic carbon emissions will be treated under Prevention of Significant Deterioration (PSD) and Title V permitting requirements and (2) determine that biogenic carbon emissions from municipal solid waste (MSW) should...

The European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced on September 4, 2013, that it has extended the deadline for comments on the opinion for titanium dioxide (nano form), addendum to the opinion on zinc oxide (nano form), and revision of the opinion on 2,2’-methylene-bis-(6-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol) nano form. Comments are due September 18, 2013. The SCCS website states: “Please note that, according to the Rules of...

B&C® Consortia Management, L.L.C. (BCCM) is assisting companies with forming testing consortia to fulfill regulatory requirements under the U.S. Environmental Protection Agency's (EPA) Endocrine Disruptor Screening Program (EDSP). On June 14, 2013, EPA issued the final second list of chemicals and substances for Tier 1 screening under the EDSP. Our memorandum regarding this development is provided below. EPA has indicated that it will issue test orders for the Group 2 chemicals in...

The American Bar Association (ABA) Section of Environment, Energy and Resources has published the third edition of "The RCRA Practice Manual." The Manual focuses on the "cradle-to-grave" program for managing hazardous wastes under the Resource Conservation and Recovery Act (RCRA), and is a comprehensive yet easy-to-use guide to an extraordinarily complex area of environmental law. Each chapter of this updated edition has been re-written to reflect the numerous developments and changes that have...

TSCA/FIFRA/IRIS/EPCRA EPA Releases New Neonicotinoid Labels: In a letter dated August 15, 2013, the U.S. Environmental Protection Agency (EPA) released new pesticide labels restricting some applications of four neonicotinoid insecticides as of the 2014 growing season. The labels include a bee advisory box and icon warning of potential harm to pollinators, with information on routes of exposure and spray drift precautions. The labels affect products containing the insecticides imidacloprid,...

Secretary of Energy Ernest Moniz has announced the selection of 19 individuals to serve on the Secretary of Energy Advisory Board (SEAB). The press release on the announcement is available online. The SEAB will meet at least four times a year and will be broken into four subcommittees to focus on science, energy, nuclear security, and environmental stewardship. The group may also serve to provide advice to Secretary Moniz on an ad hoc basis to address specific issues. The 19 members of the SEAB...

Despite the August Congressional Recess, much regulatory and legislative action continues in Washington, D.C. on the federal Renewable Fuel Standard (RFS). Earlier this month, the leading trade groups representing the oil and gas industry, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers (AFPM), petitioned EPA to lower the 2014 RFS renewable volume obligations (RVO) to below 10 percent of total U.S. gasoline supply. Under the RFS, EPA is directed to set...

On August 27, 2013, the U.S. Environmental Protection Agency (EPA) announced its proposed decision to register "Nanosilva," a nanosilver-containing antimicrobial pesticide product.

On August 27, 2013, the U.S. Environmental Protection Agency (EPA) announced its proposed decision to register “Nanosilva,” a nanosilver-containing antimicrobial pesticide product. According to EPA, Nanosilva is a silver-based product “used as a non-food-contact preservative to protect plastics and textiles (e.g., in household items, electronics, sports gear, hospital equipment, bathroom fixtures and accessories) from odor and stain causing bacteria, fungi, mold and mildew.” EPA states...