Category: General

August 17, 2016

Lynn L. Bergeson, “Pollution Monitoring: New Tools Help Speed Compliance,” Chemical Processing, August 17, 2016.

The U.S. Environmental Protection Agency (EPA) has made much of its “Next Generation Compliance” initiative, created “to increase compliance with environmental regulations by using advances in pollutant monitoring and information technology combined with a focus on designing more effective regulations and permits to reduce pollution.” This involves more effective regulations and permits that include built-in compliance mechanisms, such as continuous monitoring for stationary sources;...
August 16, 2016

EPA Hosts August 11, 2016, Public Meeting on Proposed Rule for Revised TSCA Fees

On August 11, 2016, the U.S. Environmental Protection Agency (EPA) convened a public meeting to solicit comments prior to development of a proposed rule to implement the revised Section 26 fees provision under the new Toxic Substances Control Act (TSCA).  Public comments may be submitted through regulations.gov in docket EPA-HQ-OPPT-2016-0401 until August 24, 2016. During the meeting, EPA solicited public comment in particular on the following five issues: To be able to...
August 16, 2016

Charles M. Auer, “Old TSCA, New TSCA, and Chemical Testing,” BNA Daily Environment Report, August 16, 2016.

It is the author’s view that the central failing of old TSCA was its inability to produce the testing needed by EPA to assess and understand the hazards, exposures, and risks of existing chemicals. New TSCA makes important changes to the authority available to EPA to compel industry to generate the information needed by EPA to meet the purposes articulated under the new law. This paper briefly reviews the issues and problems that EPA encountered in using old TSCA for this purpose, discusses...
August 15, 2016

Lynn L. Bergeson, Charles M. Auer, “An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders,” Industrial Biotechnology, Volume 12, Issue 4, August 2016.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, P.L. 114-182, significantly amends the Toxic Substances Control Act (TSCA). The Act was signed into law by President Obama on June 22, 2016. The date of signature is both the date of enactment and of entry into force of amended TSCA. New TSCA fundamentally changes the U.S. Environmental Protection Agency's (EPA) approach to evaluating and managing industrial chemicals, including genetically engineered microorganisms. The body of...
August 12, 2016

EPA’s August 9 and August 10 Public Meetings on Proposed Rules Concerning Chemical Risk Evaluation and Prioritization

On August 9 and August 10, the U.S. Environmental Protection Agency (EPA) held two public meetings to obtain input prior to development of a proposed rule for chemical risk evaluation (August 9) and a proposed procedural rule regarding prioritization of chemicals for further risk evaluation (August 10) under the new Toxic Substances Control Act (TSCA).  Bergeson & Campbell, P.C.’s (B&C®) Oscar Hernandez, Ph.D. and Richard E. Engler, Ph.D. were in attendance,...
August 12, 2016

DOE Releases $7 Million FOA For Co-Optimization Of Fuels And Engines Initiative

On August 1, 2016, DOE released a Funding Opportunity Announcement (FOA) for $7 million to research fuel and engine co-optimization technologies. Funding will be provided through the Co-Optimization of Fuels and Engines (Co-Optima) initiative, a collaboration between DOE's Bioenergy Technologies Office (BETO) and Vehicle Technologies Office (VTO), bringing together national laboratories and industry to conduct tandem fuel and engine research, development, and deployment assessments. This...
August 12, 2016

DOE Announces $11.3 Million In Funding Under MEGA-BIO:Bioproducts To Enable Biofuels

On August 2, 2016, DOE announced up to $11.3 million in funding to support the development of biomass-to-hydrocarbon biofuels conversion pathways. Three projects will receive the funding under MEGA-BIO: Bioproducts to Enable Biofuels to produce high-value bioproducts as well as economically competitive biofuels. The projects selected to receive this funding are: The Dow Chemical Company, working with LanzaTech and Northwestern University, to develop a process to convert biomass-derived synthetic...
August 11, 2016

Bloomberg BNA Daily Environment Report Article, “Fees Must Not Stymie Innovation, Chemical Makers Tell EPA,” Includes Comments From Kathleen M. Roberts

On August 11, 2016, the Bloomberg BNA Daily Environment Report quoted Kathleen M. Roberts, Vice President of B&C® Consortia Management, L.L.C. (BCCM), an affiliate of Bergeson & Campbell, P.C. (B&C®), on the implication of additional fees created by Toxic Substance Control Act (TSCA) reform. Companies that pay the costs of generating toxicity, exposure and other data should not be “double billed” through additional fees to review the resulting...
August 11, 2016

EPA Solicits Comments on Updated Method for Establishing Economic Minor Use

The comment deadline of August 15, 2016, is approaching on the June 14, 2016, notice of availability of the draft Pesticide Registration Notice (PRN) 2016-X issued by the U.S. Environmental Protection Agency (EPA), in consultation with the U.S. Department of Agriculture (USDA).  Draft PRN 2016-X proposes to update Section 5 of PRN 97-2, and to clarify and update criteria by which EPA classifies crops as “minor use.” Federal Insecticide, Fungicide, and...