Blogs

On October 2, 2019, the National Nanotechnology Initiative (NNI) will hold a webinar on “Nanotechnology for a New Generation of Gas Sensors:  An Industrial Perspective on Fundamental, Applied, and Commercialization Aspects.”  According to the overview for the webinar, contemporary monitoring requirements of gases for applications ranging from environmental surveillance to medical diagnostics currently push the limit of existing detection.  The overview states that to...

On September 4, 2019, the U.S. Environmental Protection Agency (EPA) released new guidance intended to help methylene chloride processors and distributors comply with EPA’s March 2019 rule issued under Section 6(a) of the Toxic Substances Control Act (TSCA) prohibiting the manufacture (including import), processing, or distribution in commerce of methylene chloride for consumer paint and coating removal.  The final rule became effective on May 28, 2019.  Each person who...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program).  Information related to NYDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning products to...

In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program).  Information related to NYDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning products to...

 In a significant victory for industry, on August 27, 2019, the State of New York Supreme Court invalidated the New York Department of Environmental Conservation (NYDEC) Household Cleansing Product Information Disclosure Program (Disclosure Program).  Information related to NYDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer...

On August 27, 2019, the Supreme Court of the State of New York issued its decision in a challenge to New York’s (NY) Household Cleansing Product Information Disclosure Program (Disclosure Program) brought by the Household and Commercial Cleaning Products Association (HCPA) and American Cleaning Institute (ACI).  As reported in our June 8, 2018, blog item, the Disclosure Program requires manufacturers of cleaning products sold in New York to disclose chemical ingredients and identify...

The cost of generating health and safety studies is considerable and data owners have every right to expect some protection from disclosure to preserve the value of their intellectual property.  This is no longer guaranteed as Lynn L. Bergeson, Richard E. Engler, Ph.D., and Kathleen M. Roberts wrote in a two-part article in Bloomberg Environment Insights. The authors propose that the U.S. Environmental Protection Agency’s (EPA) practice of...

By Lynn L. Bergeson The United Nations (UN) Food and Agriculture Organization (FAO) recently published a report titled The State of the World’s Aquatic Genetic Resources for Food and Agriculture, which is the first ever of its kind and focuses on farmed aquatic species and their wild relatives within national jurisdictions. The report builds the information and knowledge base required for action at the national, regional, and international levels sustainably to conserve, use, and develop...

By Lynn L. Bergeson On August 27, 2019, the U.S. Environmental Protection Agency (EPA) announced via the Federal Register, proposed revisions to its pesticide tolerance crop grouping regulations. These regulations allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. EPA is proposing the revision of one commodity definition and the addition of three new commodity definitions. In addition, EPA’s proposal includes an amendment to...

By Lynn L. Bergeson On August 23, 2019, the U.S. Department of Energy (DOE) released annual market reports on data and trends in wind technologies, costs, installations, prices, and performance through 2018. The reports cover three sectors: offshore, distributed wind, and utility-scale land-based. According to Under Secretary of Energy, Mark W. Menezes, onshore wind installations continue to proliferate across the United States. Demonstrating support for the Trump Administration, Menezes stated...

On August 28, 2019, the U.S. Environmental Protection Agency (EPA) released the Frequently Asked Questions (FAQ) web resource for the Series 810 – Product Performance Test Guidelines: Antimicrobial Efficacy Test Guidelines.  As of August 28, 2019, efficacy testing should be in compliance with the following Product Performance Test Guidelines published by EPA in February 2018: The guidelines provide recommendations for the design and execution of laboratory studies to...

The U.S. Environmental Protection Agency (EPA) announced on August 22, 2019, the appointment of Dennis Deziel as Regional Administrator for Region 1.  Mr. Deziel will oversee environmental protection efforts in the states of Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, and Connecticut and in ten Tribal Nations.  According to EPA, Mr. Deziel has spent much of his life working in public service in Washington, D.C.  He most recently worked at Dow as the...

On August 26, 2019, the National Institute of Environmental Health Sciences (NIEHS) announced that the results of an NIEHS-funded study show that graphene could provide alternatives to chemicals in insect repellant and protective clothing.  The study, “Mosquito Bite Prevention through Graphene Barrier Layers,” was published in the Proceedings of the National Academy of Sciences.  According to the abstract, the researchers hypothesized that graphene films may provide mosquito bite...

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...

On August 26, 2019, the National Institute of Environmental Health Sciences (NIEHS) announced that the results of an NIEHS-funded study show that graphene could provide alternatives to chemicals in insect repellant and protective clothing.  The study, “Mosquito Bite Prevention through Graphene Barrier Layers,” was published in the Proceedings of the National Academy of Sciences.  According to the abstract, the researchers hypothesized that graphene films may provide...

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...

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...

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...

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 19, 2019, the U.S. Food and Drug Administration (FDA) announced in the Federal Register that a proposed collection of information on the Review Transparency and Communication in Reviews of 351(k) Biologics License Applications in Biosimilars User Fee Act has been submitted to the Office of Management and Budget (OMB) for review and approval. This information collection supports the review program under the Prescription Drug User Fee Act (PDUFA), which...

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...

On August 20, 2019, the National Institute for Occupational Safety and Health (NIOSH) posted a one-pager on the Nanotechnology Research Center (NTRC).  NTRC conducts research to understand the potential effects on human health of exposure to engineered nanomaterials and develops methods to control or eliminate exposures.  NTRC focuses on the following areas “to help industry move safely and responsibly into the future”: NTRC’s accomplishments include completing peer and...

The American Chemical Society (ACS) National Meeting and Expo:  Chemistry and Water will be held August 25-29, 2019, in San Diego, California.  On August 25, 2019, “Tiny Solutions to Big Problems:  Water Sustainability through Nanotechnology” will be held in support of the National Nanotechnology Initiative’s (NNI) Water Sustainability through Nanotechnology Signature Initiative (Water NSI).  The session will feature an overview of the Water NSI, as well as...

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...

On August 13, 2019, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register announcing a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) will be held November 19-22, 2019.  The meeting location will be announced in the future on the FIFRA SAP website.  The title of the SAP meeting is “Approaches for Quantitative Use of Surface Water Monitoring Data in Pesticide...

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...

On August 14, 2019, the California Department of Pesticide Regulation (DPR) issued cancellation notices to thirteen California registrants of pesticide products containing chlorpyrifos, including Dow Agrosciences LLC (now Corteva).  Each of these notices is referred to as an “Accusation,” and each affected registrant has 15 days to request a hearing concerning the proposed cancellation.  DPR’s issuance of these notices followed a final decision by...

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 2, 2019, the U.S. Department of Health and Human Services (HHS)’s Food and Drug Administration (FDA) announced via the Federal Register the rates for biosimilar user fees for FY 2020. The Federal Food, Drug, and Cosmetic Act (FFDCA) authorizes FDA to assess and collect user fees for certain activities in connection with biosimilar biological product development; review of certain applications for approval of biosimilar biological products; and each biosimilar...

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...

The U.S. Environmental Protection Agency (EPA) has named Dr. Lynn Dekleva as Associate Deputy Assistant Administrator for New Chemicals.  Dr. Dekleva joined EPA in October 2018 as a Science Advisor, working to streamline and improve EPA’s processes and timeliness concerning the review of new chemicals under the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  Dr. Dekleva is an environmental engineer with degrees in environmental microbiology, medical technology, and biology....

Registration has begun for the National Nanotechnology Initiative’s (NNI) September 10, 2019, webinar on “Respiratory Effects of Engineered Nanomaterials in Relation to Physicochemical Properties.”  The speaker will be Dr. Junfeng (Jim) Zhang, Nicholas School of the Environment and Duke Global Health Institute, Duke University, and Dr. William Boyes, U.S. Environmental Protection Agency, will moderate.  NNI states that the interaction between engineered nanomaterials...

On August 1, 2019, the German Chemical Industry Association (VCI) announced the availability of a guidance document on the safe recovery and disposal of wastes containing nanomaterials.  According to VCI, wastes containing nanomaterials can be generated in the production or use of nanomaterials.  Such wastes can occur in the production of substances, mixtures, or products; in the processing and repair of products; or in the disposal of products at the end of their life...

Section 5(g) of the Toxic Substances Control Act (TSCA) requires the U.S. Environmental Protection Agency (EPA) to publish a statement of its findings after its review of TSCA Section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment.  On August 12, 2019, EPA published a statement of its findings for June 2019.  84...

The Pace Environmental Law Review (PELR) will publish a themed issue this winter concerning issues in the development and regulation of nanotechnology and biotechnology. Articles or essays should discuss the intersection between nanotechnology and/or biotechnology and environmental issues. PELR encourages submitters to take an interdisciplinary approach to nanotechnology and/or biotechnology from legal and other perspectives, including technology, science, public health, economics, or...

On August 7, 2019, the League of United Latin American Citizens, Pesticide Action Network North America, Natural Resources Defense Council, and other petitioners (Petitioners) filed a new petition in the Ninth Circuit Court of Appeals seeking judicial review of United States Environmental Protection Agency (EPA) orders denying their request that EPA revoke all tolerances and cancel all registrations for chlorpyrifos.  On August 8, 2019, New York, California, Hawaii, Maryland, Vermont,...

The U.S. Environmental Protection Agency (EPA) released on August 9, 2019, the draft risk evaluation for 1-bromopropane (1-BP), the fourth of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA).  EPA made the following initial determinations on risk: EPA states that these initial determinations may change as its evaluation becomes more refined through the public and peer review process.  The draft risk evaluation, including...

By Lynn L. Bergeson On August 6, 2019, the Utility Workers Union of America (UWUA) announced its partnership with The Power for America Training Trust Fund (P4A) for the launch of a renewable energy specialist apprenticeship program. Certified by the U.S. Department of Labor (DOL), the program aims at assisting individuals with a path to employment for highly demanded jobs in the renewable energy sector. Under this program, individuals will be taught specialized skills in...

By Lynn L. Bergeson On August 6, 2019, the Minnesota Department of Agriculture (MDA) announced four grants aiming to expand biofuel access and production to advance the state’s renewable energy efforts. Awarded to four recipients by MDA’s Agricultural Growth, Research and Innovation (AGRI) Program, the grants total more than $500,000. One Bioenergy/Biochemical Pilot Project Grant was awarded, providing funding to advance bioenergy and biochemical production technology to a commercial...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 26, 2019, U.S. Senator Pat Toomey (R-PA) announced that he is working with U.S. Senator Dianne Feinstein (D-CA) on the Restore Environmental Sustainability to Our Renewable Energy (RESTORE) Act. In an effort to end what Toomey describes as an “egregious form of corporate welfare that hurts the environment and drives up the cost of everything,” the RESTORE Act would abolish the corn ethanol mandate...

By Lynn L. Bergeson On July 29, 2019, the U.S. Department of Energy (DOE) announced that $50 million of funding is now available for innovative research of technologies for trucks, off-road vehicles, and gaseous fuels research. Funded through DOE’s Office of Energy Efficiency and Renewable Energy (EERE), “it is important our trucking industry has access to advanced technologies, such as electrification and fuel cells, as a way to move goods efficiently and economically,” stated...

On August 1-2, 2019, the National Nanotechnology Initiative (NNI) held “The Future of the NNI:  A Stakeholder Workshop.”  The NNI has played a pivotal role in fostering and advancing a dynamic nanotechnology ecosystem in support of the initiative’s four goals:  advance world-class research; foster commercialization; develop and sustain research infrastructure; and support the responsible development of nanotechnology.  Building on this foundation, experts from the...

As reported in our February 1, 2019, blog item, the American Conference of Governmental Industrial Hygienists (ACGIH®) Threshold Limit Values for Chemical Substances (TLV®-CS) Committee included carbon nanotubes on its 2019 list of chemical substances and other issues under study.  Being placed on the under study list indicated that the TLV®-CS Committee had selected carbon nanotubes for development of a threshold limit value (TLV®).  On July 30, 2019,...