All Knowledge & Insights By Date

By Lynn L. Bergeson On May 25, 2018, the National Biodiesel Board (NBB) dropped its nearly decade long pursuit to convert a $1-per-gallon tax credit for biofuel blenders to an equivalent credit for producers. NBB originally sought to change the credit to support the domestic biofuel industry, as some blenders who benefited from the credit were also importing foreign biodiesel. Recent import duties imposed by the U.S. Commerce Department have done a great deal to curb inexpensive biodiesel...

By Lynn L. Bergeson A coalition will be launched on June 1, 2018, that intends to ensure that Safer Choice will continue to exist as a federal program within the U.S. Environmental Protection Agency (EPA) and to improve the program so that it operates in the most effective way possible for all stakeholders.  The Coalition will comprise companies throughout the chemical value chain -- chemical manufacturers, consumer product companies, and retailers -- as well as non-governmental...

By Lynn L. Bergeson On May 17, 2018, a proposed amendment to repeal the Farm Bill’s energy title programs was defeated in the U.S. House of Representatives by a vote of 75-340. These title programs provide grants and loan guarantees to rural lenders and businesses, as well as research and development support for renewable energy products. While these programs account for less than one percent of the total amount that the federal government spends on agriculture and nutrition programs,...

On May 31, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg Environment article “EPA Backs Recycling Formerly ‘Hazardous’ Materials, But States Get Final Say.” This quote was also featured as the “Quote of the Day” in Bloomberg Environment’s daily First Move email. The U.S. Environmental Protection Agency’s (EPA) new definition of solid waste “allows more material—like...

The Organization for Economic Cooperation and Development (OECD) published a May 17, 2018, document entitled Developments in Delegations on the Safety of Manufactured Nanomaterials — Tour de Table.  The document compiles information provided by delegations for the February 2018 OECD Working Party on Manufactured Nanomaterials (WPMN) meeting on current developments on the safety of manufactured nanomaterials.  It aims to summarize relevant information on activities related to...

Responding to July 2017 and March 2018 orders issued by the U.S. Court of Appeals for the District of Columbia Circuit, the U.S. Environmental Protection Agency (EPA) on May 30, 2018, issued a final rule revising the Definition of Solid Waste (DSW) under the Resource Conservation and Recovery Act (RCRA). 83 Fed. Reg. 24664. In a somewhat unusual move, EPA relied upon Section 553 of the Administrative Procedure Act (APA) to make the rule immediately effective and dispensed with notice and public...

On May 24, 2018, the U.S. Environmental Protection Agency (EPA) announced it would be hosting a public meeting on June 28, 2018, from 1:00 p.m. to 4:00 p.m. (EDT) in Washington, D.C. regarding technical issues in the Formaldehyde Emission Standards for Composite Wood Products Final Rule published on December 12, 2016.  83 Fed. Reg. 24104.  The Federal Register notice states that the meeting will “inform EPA's potential development of a proposed rule...

On March 16, 2018, the U.S. Environmental Protection Agency (EPA) proposed to add hazardous waste aerosol cans to the category of “universal wastes” regulated under the federal Resource Conservation and Recovery Act (RCRA) regulations, codified at Title 40 of the C.F.R., Part 273. 83 Fed. Reg. 11654. According to EPA, this action would benefit the many manufacturing facilities and others that generate and manage large quantities of hazardous waste aerosol cans.

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) extended until August 16, 2018, the comment period on its proposed rule titled “Strengthening Transparency in Regulatory Science.”  83 Fed. Reg. 24255.  EPA also announced that it will hold a public hearing on the controversial proposed rule on July 17, 2018.  The April 30, 2018, proposal (83 Fed. Reg. 18768) is intended to strengthen the transparency of EPA regulatory science.  The proposed...

By Lynn L. Bergeson On May 21, 2018, the National Biodiesel Board (NBB), in partnership with industry sponsors, announced a series of five seminars for fuel wholesalers, distributors, retailers, marketers, fleets, municipalities, and other end users focusing on benefits and opportunities surrounding biodiesel. The complimentary series, Exploring Biodiesel (XBX), will be held in the following regions: Boston, MA (June 12, 2018); Philadelphia, PA (July 18, 2018); Los Angeles, CA (August 7,...