All Knowledge & Insights By Date

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...

The Organization for Economic Cooperation and Development (OECD) has published a May 22, 2018, report entitled Assessment of Biodurability of Nanomaterials and their Surface ligands.  The purpose of the report was to compile the relevant information on the biodurability of the pristine and functionalized nanomaterials in biological and environmental media in vitro and in vivo, as well as describing methods for measuring the stability and halftimes of nanomaterials. ...

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 May 29, 2018, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding a proposed rule that would require scientific data be sufficiently available to the public so that interested parties could understand how the U.S. Environmental Protection Agency (EPA) reached its conclusions. “[D]ecisions the EPA makes about whether to allow new chemicals into commerce would largely be unaffected, Richard...

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 U.S. Department of Energy’s (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced that it will fund 87 new projects across 34 states, totaling nearly $13 million in funding.  This funding is part of the 219 grants totaling $34 million awarded to 183 small businesses in 41 states through the DOE’s Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. Nine EERE technology...

By Lynn L. Bergeson On May 23, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) announced that a pre-recorded informational webinar regarding the proposed National Bioengineered Food Disclosure Standard (NBFDS) will be made available beginning on June 1, 2018.  83 Fed. Reg. 23827.  The Federal Register notice states that the pre-recorded webinar “will provide an overview of the background, provisions, and potential impacts of the...