Category: General

April 1, 2013

Monthly Update for April 2013

TSCA/FIFRA/NTP/EPCRA EPA Previews New Website For Consolidated Chemical Data Access: The U.S. Environmental Protection Agency (EPA), Office of Pollution Prevention and Toxics (OPPT), convened an in-person and on-line public forum today to discuss OPPT's ongoing efforts to develop an interactive public website. The website would integrate a wide range of chemical data collected and EPA assessments conducted under Toxic Substances Control Act (TSCA) programs, as supplemented by additional EPA...
April 1, 2013

Lynn L. Bergeson, “Obama’s Second Term: What Does It Mean for US EPA and the Regulated Community?,” Environmental Quality Management, Spring 2013.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels.
April 1, 2013

Lynn L. Bergeson, “EPA Proposes 2013 Renewable Fuel Standards and Voluntary Quality Assurance Program,” Manufacturing Today, April 2013.

On Feb. 7, 2013, EPA proposed 2013 renewable fuel standards for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2013. (78 Fed. Reg. 9282.) The proposal would require producers, importers and distributors of gasoline and diesel to add larger proportions of renewable fuel to their fuel products. EPA has also proposed, in a separate rulemaking signed on Jan. 31, 2013, an alternative voluntary...
April 1, 2013

Lynn L. Bergeson, “Landmark Ruling Affects Pesticide Makers,” Chemical Processing, April 2013.

On February 21, 2013, the Fourth Circuit Court of Appeals issued a landmark decision in Dow Agrosciences v. National Marine Fisheries Service (NMFS). It set aside a Biological Opinion (BiOp) prepared by the NMFS that found use of pesticides chlorpyrifos, diazinon, and malathion could jeopardize certain species of salmon and their habitat. The decision will have significant implications for the government and pesticide registrants alike. Here’s why.
April 1, 2013

Lynn L. Bergeson, “EPA Revises Rules for Waste Incineration,” Pollution Engineering, April 2013.

On Dec. 20, 2012, EPA issued a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The final rule accomplishes two broad goals: it revises the Clean Air Act (CAA) emission limits for CISWIs, and it revises the definition under the Resource Conservation and Recovery Act of nonhazardous secondary material (NHSM). This column discusses the CAA aspects of the rule. More information regarding the adjustments for...
April 1, 2013

USDA Amends Guidelines for Designating Biobased Products for Federal Procurement

In an April 1, 2013, final rule, the U.S. Department of Agriculture (USDA) amended the Guidelines for Designating Biobased Products for Federal Procurement. The amendments add eight sections to designate product categories within which biobased products will be afforded federal procurement preference: aircraft and boat cleaners; automotive care products; engine crankcase oil; gasoline fuel additives; metal cleaners and corrosion removers; microbial cleaning products; paint removers; and water...
March 29, 2013

Agencies Publish Report And Recommendations Concerning Health And Safety Of Nanomaterials

On March 20, 2013, five German agencies published a report entitled Nanotechnology — Health and Environmental Risks of Nanomaterials, which includes a joint set of recommendations for future safety assessments of nanomaterials. Under a joint research strategy set up in 2007, over 80 research projects on nanomaterials were reviewed. The report includes recommendations to: Develop adequate measurement methods for risk assessment; Develop reference materials for exposure assessment...
March 22, 2013

House Committee Launches Bipartisan Review of Renewable Fuel Standard

This week, the House Energy and Commerce Committee released the first of five bipartisan white papers that explore important policy implications related to continued implementation of the Renewable Fuel Standard (RFS). The white papers are intended to solicit input and stimulate debate in several areas:  infrastructure, fuel compatibility, blending, economics, and environmental issues. Each paper will provide a detailed policy analysis on one area and then outline a...
March 18, 2013

Canada Publishes SNAc for Cobalt Iron Manganese Oxide, Carboxylic Acid-Modified

The March 16, 2013, Canada Gazette includes a significant new activity (SNAc) notice for cobalt iron manganese oxide, carboxylic acid-modified, which the notice states is not included on the Domestic Substances List (DSL). The notice defines SNAc as: (a) [A]ny use where the substance is engineered to contain particles of particle size ranging from 1 to 100 nanometres in one or more dimensions, in a quantity greater than 100 kg per calendar year other than for a use...
March 12, 2013

Lynn L. Bergeson, “EPA Targets Renewable Fuel Fraud,” Chemical Processing, March 12, 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.
March 12, 2013

Lynn L. Bergeson, “NIOSH Announces New Findings on Lung Tumor Formation in Laboratory Mice Exposed to Multi-Walled Carb,” Nanotechnology Now, March 12, 2013.

On March 11, 2013, at the annual meeting of the Society of Toxicology, researchers from the National Institute for Occupational Safety and Health (NIOSH) reported preliminary findings from a new laboratory study in which mice were exposed by inhalation to multi-walled carbon nanotubes (MWCNT).
March 11, 2013

Inside EPA Features B&C Commentary in Article “EPA Proposes Chemical SNURs”

Reporting on “the proposed significant new use rules (SNURs) for some 37 chemicals including more than a dozen nanomaterials,” Inside EPA included commentary issued by Bergeson & Campbell, P.C.: “In Feb. 26 commentary on the new proposal, the law firm Bergeson & Campbell, P.C. notes that one-third of the substances were subject to premanufacture notice reviews prior to 2010 and that for some materials that review period was more than a decade ago. The commentary says it...
March 11, 2013

Switzerland Studies Need for Nano-Specific Regulation

On February 22, 2013, Empa announced the availability of a study prepared on behalf of Switzerland’s Federal Office for the Environment (FOEN) entitled Human and Ecotoxicity of Synthetic Nanomaterials: Initial Insights for Major Accident Prevention. The study is intended to address whether new criteria for the determination of the quantity thresholds in the Ordinance on Protection against Major Accidents (OMA) may result from the accident potential or possible new hypothetical accident...
March 7, 2013

USDA Issues BioPreferred Program Notification

The United States Department of Agriculture (USDA) posted a notice on its website concerning the BioPreferred Program. According to USDA, due to the absence of funding in the Farm Bill extension legislation, USDA has suspended the processing of applications for voluntary certification of biobased products. USDA states that it “will continue limited activities related to the Federal procurement preference program, such as adding products to the BioPreferred catalog, as staff resources...
March 5, 2013

EU-OSHA Posts Results of Project on Nano in Furniture

On March 4, 2013, the European Agency for Safety and Health at Work (EU-OSHA) announced the results of a joint project by the European Federation of Building and Woodworkers (EFBWW), the European Furniture Manufacturers Federation (UEA), and the European Furniture Industries Federation (EFIC) on the use of nanomaterials in the European furniture sector. The Dutch institute “IVAM Research and consultancy on Sustainability” (IVAM UvA BV) investigated the current awareness among stakeholders...
March 4, 2013

ECHA Announces IUCLID User Manual Updated for Nanomaterials

The European Chemicals Agency (ECHA) announced on February 28, 2013, that the International Uniform Chemical Information Database (IUCLID) user manual for nanomaterials has been updated. According to ECHA, the updated manual allows registrants to select the form of the test material used in all study summaries reported in their dossiers, and “nanomaterial” is one of the available options. The manual provides instructions on how to structure information on different forms of the registered...
March 1, 2013

Monthly Update for March 2013

TSCA/FIFRA/NTP/EPCRA EPA Schedules FIFRA Scientific Advisory Panel On EDSP: On February 22, 2013, the U.S. Environmental Protection Agency (EPA) scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the Endocrine Disruptor Screening Program (EDSP) Tier 1 Screening Assays and Battery Performance. 78 Fed. Reg. 12311. The meeting will be held on May 21-24, 2013. EPA seeks comments by May 7,...
March 1, 2013

Lynn L. Bergeson, “EPA Targets Renewable Fuel Fraud,” Chemical Processing, March 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.