All Knowledge & Insights By Date

On August 27, 2019, the U.S. Environmental Protection Agency (EPA) published a proposed rule in the Federal Register that makes several changes to the current “Crop Group 19:  Herbs and Spices Group.”  This latest proposal, which is the fifth in a series of crop group amendments, was created in response to a petition developed by the International Crop Group Consulting Committee (ICGCC) workgroup that was submitted by the Interregional Research Project Number 4...

After many years of study, the U.S. Environmental Protection Agency (EPA), industry stakeholders, and the scientific community at large well know that chemicals that are persistent, bioaccumulative, and toxic (PBT) behave differently in the environment and in biological systems than non-PBT chemicals. Congress acknowledged this in updating the Toxic Substances Control Act (TSCA) in 2016 by specifying special provisions under TSCA Section 6(h) for PBT chemicals. In June of this year,...

On August 23, 2019, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice proposing to designate 20 chemical substances as high-priority substances for risk evaluation under the Toxic Substances Control Act (TSCA).  84 Fed. Reg. 44300.  The notice includes a summary of the approach used by EPA to support the proposed designations, the proposed designation for each of the chemical substances, and instructions on how to access the chemical-specific information,...

The U.S. Environmental Protection Agency (EPA) posted an August 7, 2019, petition for rulemaking submitted by the Public Employees for Environmental Responsibility (PEER) under Section 21 of the Toxic Substances Control Act (TSCA).  PEER asks that oil refineries be prohibited from using hydrofluoric acid in their manufacturing processes and that oil refineries be required to phase out the use of hydrofluoric acid within two years.  According to PEER, TSCA and the Clean Air...

On August 23, 2019, the U.S. Environmental Protection Agency (EPA) issued a Federal Register notice announcing the receipt of 10 applications to amend currently registered pesticide products to add hemp as a new use site.  The 10 application amendments are the result of the 2018 Farm Bill, signed in to law on December 20, 2018, that removed hemp from the Controlled Substances Act and legalized commercial use and production of hemp that contains less than 0.3% tetrahydrocannabinol...

Health and safety studies provide invaluable insights into the hazards posed by chemical substances. The cost of generating these studies is also considerable, and access to them should be commensurate with the intellectual property interests they reflect. This article explores two current challenges under the Toxic Substances Control Act (TSCA) and offers practical tips for managing these issues.

By Lynn L. Bergeson On August 28, 2019, from 10:00 a.m. to 3:30 p.m. (CDT), the Nebraska Ethanol Board (NEB) will host a free workshop for fuel retailers across the state to demonstrate the benefits and ease of offering ethanol-15 (E15) fuel to customers. The one-day workshop will cover misconceptions about the cost of offering E15, best practices, and resources to make implementing and labeling infrastructure easy and affordable. Space is limited, and interested parties must register by August...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On August 16, 2019, the Instituto de Pesquisa Econômica Aplicada (Ipea – Institute of Applied Economic Research) announced its partnership with the Ministério da Agricultura, Pecuária e Abastecimento (Mapa - Brazilian Agriculture, Livestock, and Supply Ministry) to develop indicators to evaluate the implementation of the Programa Nacional de Insumos para Agricultura Orgânica (Bioinsumos – National Input for...

By Lynn L. Bergeson On August 21, 2019, Iowa Democratic Representative Cindy Axne asked the U.S. Environmental Protection Agency’s (EPA) Inspector General (IG) to investigate how EPA decided to grant the exemptions from the Renewable Fuel Standard (RFS) requested by oil refiners. EPA approved 31 petitions for waivers from the 2018 requirements.  Lawmakers are not pleased at what appears to be EPA favoring the oil industry. Hence, Representative Axne’s call for an IG...

By Lynn L. Bergeson On August 16, 2019, DOE Under Secretary of Energy Mark W. Menezes announced funding for new and innovative advanced vehicle technologies research. DOE’s EERE is providing $59 million to 43 projects dedicated to advanced batteries and electric drive systems, co-optimized engine and fuel technologies, materials for more efficient power trains, and alternative fuels and new energy-efficient mobility systems.

By Lynn L. Bergeson On August 15, 2019, the U.S. Department of Energy (DOE) announced approximately $40 million in funding for 29 projects to advance the H2@Scale concept.  H2@Scale is a concept that explores the potential for wide-scale hydrogen production and utilization in the United States to enable resiliency of the power generation and transmission sectors while also aligning diverse domestic industries, competitiveness, and job creation. Funded through DOE’s Office of Energy...

In April 2019, the Federal Trade Commission (FTC) sent warning letters to eight companies advertising simulated or laboratory-created diamonds.  In a May 3, 2019, Business Blog item entitled “The many facets of advertising diamonds with clarity,” FTC states that according to the letters, the companies promoted their products without adequately disclosing that they were not mined diamonds.  In the blog item, FTC posed questions to FTC attorney Robert Frisby regarding the...

On August 20, 2019, the U.S. Environmental Protection Agency (EPA) published in the Federal Register final significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 145 chemical substances that are the subject of premanufacture notices (PMN).  84 Fed. Reg. 43266.  According to EPA, the chemical substances are subject to orders issued by EPA pursuant to TSCA Section 5(e).  The final SNURs require persons who intend to manufacture (defined by...

On August 19, 2019, the Scientific Committee on Consumer Safety (SCCS) posted a request from the European Commission (EC) for a scientific opinion on three coatings for nano zinc oxide as an ultraviolet (UV) filter in dermally applied cosmetic products — methicone, silica, and isostearic acid.  SCCS previously reviewed nano zinc oxide and the coatings triethoxycaprylylsilane, dimethicone, dimethoxydiphenylsilanetriethoxycaprylylsilane cross-polymer, and octyl triethoxy...

The U.S. Environmental Protection Agency (EPA) announced on August 16, 2019, that it is opening a public comment period for manufacturer requests for the risk evaluations of diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP), two chemicals used in plastic production.  EPA notes that the manufacturer-requested risk evaluations “are among the first such evaluations of this kind to be requested” under the Toxic Substances Control Act (TSCA).  EPA is also taking public...

In the August 15, 2019, episode of Bergeson & Campbell, P.C.’s (B&C®’s) All Things Chemical™ Podcast, “All Things Nano with Lisa E. Friedersdorf, Ph.D.,” Lynn L. Bergeson sat down with Dr. Friedersdorf, the Director of the National Nanotechnology Coordination Office (NNCO), to discuss all things nano.  In their conversation, Dr. Friedersdorf breaks down the central goals and challenges of the National Nano Initiative (NNI), a governmental program designed to facilitate...

Bergeson & Campbell, P.C. (B&C®) is a proud sponsor of the Environmental Law Institute’s (ELI) GreenTech Conference, bringing together leaders from some of the world’s most innovative companies to engage with policymakers, lawmakers, technologists, and non-governmental organizations (NGO) to explore environmental protection in an era of transformative technological change. Dr. Andrey J. Zarur, CEO and President of GreenLight Biosciences, will discuss using targeted...

By Lynn L. Bergeson On September 18, 2019, the D.C. Women’s Business Center (WBC) and the National Community Reinvestment Coalition (NCRC) will host the 2019 Just Ambitious Small Business Awards. The awards honor woman entrepreneurs who have demonstrated achievements, innovation, and vision in support of the District of Columbia’s small business community and economic vitality. WBC and NCRC are now accepting applications for the 2019 awards in the following categories: NCRC Community...

By Lynn L. Bergeson On August 9, 2019, the U.S. Environmental Protection Agency (EPA) published a report on its compliance with the law titled EPA Exceeded the Deregulatory Goals of Executive Order 13771. Executive Order 13771, titled Reducing Regulation and Controlling Regulatory Costs, includes regulatory savings goals for FYs 2017 and 2018, EPA’s deregulatory actions, and its compliance with the Office of Management and Budget’s (OMB) goal-setting requirements. EO 13771 was issued...

By Lynn L. Bergeson On August 12, 2019, the U.S. Department of Energy (DOE) announced its Fiscal Year (FY) 2020 Phase I Release 1 funding opportunity for the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. In its announcement, DOE encourages small businesses with strong research capabilities in science or engineering to apply. DOE’s Funding Opportunity Announcement (FOA) includes participation from its Advanced Scientific Computing...