Blogs

On August 2, 2019, the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) announced that it has decided to reduce the Food Quality Protection Act (FQPA) safety factor for infants and children for pyrethroids from its current value of 3X to a new value of 1X.  This decision is based on a July 1, 2019, OPP report entitled “USEPA Office of Pesticide Programs’ Re-evaluation of the FQPA Safety Factor for Pyrethroids: Updated Literature...

The U.S. Environmental Protection Agency (EPA) announced on August 1, 2019, that it is making additional information about new chemical notices available on its website.  The new web page, “Statistics for the New Chemicals Review Program under TSCA,” allows users to view and search monthly updates for any active Premanufacture Notice (PMN), Significant New Use Notice (SNUN), and Microbial Commercial Activity Notice (MCAN) of interest by case number.  Users can also download a...

In May 2019, the Nordic Council of Ministers published a working paper entitled The applicability of the GHS classification criteria to nanomaterials.  The goal of the project was to review the applicability of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) to manufactured nanomaterials, taking into account the progress of international scientific work.  The report notes that the Organization for Economic Cooperation and Development (OECD) Working...

The U.S. Environmental Protection Agency (EPA) announced on August 1, 2019, that it is making additional information about new chemical notices available on its website.  The new web page, “Statistics for the New Chemicals Review Program under TSCA,” allows users to view and search monthly updates for any active Premanufacture Notice (PMN), Significant New Use Notice (SNUN) and Microbial Commercial Activity Notice (MCAN) of interest by case number.  Users can also download a...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 31, 2019, EPA held a public hearing in Ypsilanti, MI, to obtain stakeholders’ input on its proposed rule to set Renewable Fuel Standard (RFS) 2020 renewable volume obligations (RVO) and 2021 biomass-based diesel volume. Among the various stakeholders providing oral statements to EPA were representatives from Growth Energy, the National Corn Growers Association (NCGA), the Renewable Fuels Association (RFA), Hero BX, and the National...

By Lynn L. Bergeson On July 29, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) announced the winners of the American Inventions Made Onshore (AIM Onshore) Prize Competition. Opened in 2018, this competition was an initiative aimed at closing the gap between American innovators who develop new energy technologies and manufacturers who produce them. Selected among four finalists, two winners were awarded for their innovative proposals. In first...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 25, 2019, Bergeson & Campbell, P.C. (B&C®) hosted a webinar titled “New TSCA at 3: Key Implementation Issues” led by B&C’s Managing Partner, Lynn L. Bergeson. Webinar speakers included the U.S. Environmental Protection Agency’s (EPA) Assistant Administrator, Alexandra Dapolito Dunn, and B&C’s Director of Chemistry and former EPA staff, Richard E. Engler, Ph.D. Assistant Administrator...

By Lynn L. Bergeson On July 25, 2019, U.S. Representative Ilhan Omar (D-MN) introduced the Zero Waste Act, which intends to create a federal grant program to invest in solutions that address waste. The bill, if passed, will go towards recycling infrastructure or the creation of partnerships with local businesses focused on waste reduction. Representative Omar believes the bill will not only create jobs, but also reduce greenhouse gas (GHG) emissions, grow domestic manufacturing, clean...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 15, 2019, announcing the availability of a signed action identifying chemical substances for inactive designation according to the Toxic Substances Control Act (TSCA) Inventory Notification (Active-Inactive) Requirements rule.  84 Fed. Reg. 21772.  The signed action, dated May 6, 2019, initiated a 90-day period after which substances identified as inactive will be designated as inactive.  Inactive...

On July 29, 2019, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT).  84 Fed. Reg. 36728.  EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA):  decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as tris(4-isopropylphenyl) phosphate;...

On July 3, 2019, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on the solubility of synthetic amorphous silica (SAS). The EC asked whether SCCS considers that SAS materials are soluble (100 milligram per liter (mg/L) or higher) or degradable/non-persistent in biological systems in light of the nanomaterial definition of the Cosmetics Regulation. Having considered the data provided in this dossier and that available in published...

On July 12, 2019, the U.S. Environmental Protection Agency (EPA) announced in a Decision Memorandum that it has registered new uses and restored previously registered uses for sulfoxaflor.  EPA has approved the use of sulfoxaflor on alfalfa, corn, cacao, grains (millet, oats), pineapple, sorghum, teff, teosinte, tree plantations, and restored the uses on citrus cotton, cucurbits (squash, cucumbers, watermelons, some gourds), soybeans, and strawberries.  EPA states that...

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. On July 23, 2019, the Agencia Nacional de Vigilancia Sanitaria (ANVISA — National Sanitation Surveillance Agency) in Brazil approved measures that clarify the toxicological classification of agrochemicals. Under the approved rules, the evaluation criteria of agrochemicals’ toxicity categories are established and label requirements are updated to include clearer warnings and pictograms. The changes established by ANVISA were based on...

By Lynn L. Bergeson On July 22, 2019, the United Kingdom (U.K.) Department for Business, Energy and Industrial Strategy and Department for Environment, Food and Rural Affairs announced an open consultation for the development of standards for biodegradable, compostable, and biobased plastics. The consultation welcomes views from any interested parties to identify gaps and provide expert advice on: The overall sustainability of biobased and biodegradable plastic products in comparison with other...

By Lynn L. Bergeson On July 23, 2019, DOE announced its recognition of Gundersen Health System (Gundersen), a Better Buildings Alliance (BBA) partner, for its portfolio-wide energy efficiency advances at its Sparta Clinic in Sparta, Wisconsin. Gundersen, as part of its Envision Sustainability Program, continues to pursue energy efficiency through low-energy design standards and renewable energy combined. According to DOE, since 2008, Gundersen has saved over $11 million dollars through energy...

By Lynn L. Bergeson On July 22, 2019, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy (EERE) highlighted small businesses funding under the Small Business Innovation Research (SBIR) program. Having received $43.6 million in funding from DOE thus far, small businesses continue to grow as DOE announces Phase II awards. Last week, DOE announced Phase II Release grants that demonstrate commercial feasibility for innovations during the second phase of small...

 In the March 27, 2019, Federal Register, the U.S. Environmental Protection Agency (EPA) issued its final regulatory rulemaking that prohibits the manufacture (including import), processing, and distribution of methylene chloride for consumer paint and coating removal. 84 Fed. Reg. 11420.  See Bergeson & Campbell, P.C.’s memorandum, “EPA Bans Consumer Sales of Methylene Chloride Paint Removers, Seeks Comment on Program for Commercial...

Bergeson & Campbell, P.C. (B&C®) is pleased to present the complimentary webinar “New TSCA at 3: Key Implementation Issues.” The webinar will drill down on key implementation challenges facing industry and the U.S. Environmental Protection Agency (EPA) three years into navigating the legal, regulatory, and science policy issues arising under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). Alexandra Dapolito Dunn, Assistant Administrator,...

The House Science, Space, and Technology Subcommittee on Research and Technology will hold a hearing on “Benign by Design:  Innovations in Sustainable Chemistry” on July 25, 2019.  Witnesses will include:...

The National Institute for Occupational Safety and Health (NIOSH) announced on July 10, 2019, the availability of a new Technical Report, The NIOSH Occupational Exposure Banding Process for Chemical Risk Management.  NIOSH describes occupational exposure banding as “a voluntary process that assigns each chemical to a category based on its toxicity and any negative health outcomes associated with exposure to that chemical.”  The Technical Report “provides a process...

The European Chemicals Agency (ECHA) announced on July 3, 2019, that several new features and improvements are now publicly available in its chemicals database, including new information in substance Infocards.  ECHA has updated the substance Infocards with a new nanomaterial form section that shows whether the substance is placed on the European Economic Area (EEA) market in nanoform and provides links to the European Union (EU) Observatory for Nanomaterials (EUON).  As...

On July 18, 2019, the U.S. Environmental Protection Agency (EPA) issued a pre-publication version of a Federal Register notice announcing a final order denying the Pesticide Action Network North America’s (PANNA) and the Natural Resources Defense Council’s (NRDC) 2007 Petition requesting that EPA revoke all tolerances and cancel all registrations for chlorpyrifos (Order).  This Order constitutes final Agency action denying all of the Petitioners’ objections to EPA’s...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on June 28, 2019, announcing that the EPA Safer Choice Program is accepting submissions for its 2019 Safer Choice Partner of the Year Awards.  84 Fed. Reg. 31066.  The Safer Choice Program partners with businesses and others to help consumers and commercial buyers identify products with safer chemical ingredients, “without sacrificing quality or performance.”  Toward this end, according to EPA, the Safer...

By Lynn L. Bergeson On July 8, 2019, the National Corn Growers Association (NCGA) announced the winners of the Consider Corn Challenge II, a challenge intended to highlight the range of biobased materials that can be produced with field corn feedstock. The three winners included: ExoPolymer, Inc. for a plan to create a new profile of customizable, polysaccharide-based hydrocolloids that are domestically produced by microbial fermentation using corn sugar as a feedstock. These new hydrocolloids...

By Lynn L. Bergeson On July 12, 2019, the House Renewable Energy & Energy Efficiency Caucus and the Environmental and Energy Study Institute co-hosted the 22nd Annual Congressional Renewable Energy and Energy Efficiency EXPO and Policy Forum. The forum brought together government agencies, businesses, and trade associations to showcase renewable energy technologies and discus sustainable public policy options. Ruth McCormick, Director, Federal and State Affairs, Business Council for...

By Lynn L. Bergeson On July 10, 2019, the U.S. Department of Energy (DOE) announced that researchers at Pacific Northwest National Laboratory (PNNL) have developed a model that predicts commercial biocrude outcomes from algae hydrothermal liquefaction (HTL) significantly more accurately than previous analyses. “Techno-economic uncertainty quantification of algal-derived biocrude via hydrothermal liquefaction,” funded by DOE’s Energy Efficiency and Renewable Energy’s...

By Lynn L. Bergeson On July 10, 2019, Senators Chris Coons (D-DE) and Tom Cotton (R-AR) and Representatives Steve Stivers (R-OH) and Bill Foster (D-IL) reintroduced the STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2019. This legislation, an improvement on legislation introduced last year under the same name, would reform the inter partes post-grant review process, ensure all fees paid to the Patent and Trademark Office (PTO)...

Earlier this month, David Fischer joined the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) as a Deputy Assistant Administrator.  Prior to joining EPA, Mr. Fischer was most recently a partner of legal and regulatory affairs at IBEX Partners LLC, a public affairs firm.  Before his partnership at IBEX, Mr. Fischer held several senior positions at the American Chemistry Council in its Office of General Counsel and Chemical Products and...

On July 12, 2019, the European Food Safety Authority (EFSA) published in the EFSA Journal its “Scientific opinion on the proposed amendment of the EU specifications for titanium dioxide (E 171) with respect to the inclusion of additional parameters related to its particle size distribution.”  The opinion addresses the assessment of data provided by interested business operators in support of an amendment of the European Union (EU) specifications for titanium dioxide (E 171)...

On June 28, 2019, the U.S. Environmental Protection Agency (EPA) filed its response to the non-governmental organizations’ (NGO) supplemental brief in a case challenging EPA’s prioritization and risk evaluation rules.  Safer Chemicals, Healthy Families v. EPA, No. 17-72260.  According to EPA, petitioners “have plausibly alleged standing to challenge only the definitional interpretation of ‘conditions of use’ and the two provisions still subject to EPA’s motion for voluntary...

The Institute of Technology Assessment of the Austrian Academy of Sciences has published a NanoTrust Dossier entitled “Nano-registries:  Country-specific Solutions for Nano-regulation.”  While the European Union (EU) has declined to create an EU-wide nano-registry, several EU Member States have adopted their own nano-registries.  Belgium and France created stand-alone nano-registries, but Norway and Sweden added a “tick box” for nano to their product registries.  Denmark established...

By Lynn L. Bergeson On June 27, 2019, the Government of Canada’s Natural Resources Canada (NRCan) opened the application process for a grant to develop next generation biobased foam insulation products. Called the Plastics Challenge, this funding opportunity seeks solutions that result in foam insulation products (either spray foam or rigid foam board) that: Are predominantly derived from Canadian forest residue;   Have similar insulation values (within 20 percent) as currently...

By Lynn L. Bergeson On June 28, 2019, 13 U.S. Senators signed a letter to President Donald J. Trump expressing concerns about media reports that USDA Secretary Sonny Purdue is attempting to influence EPA decisions on small refinery waivers under RFS. Similar to the letter submitted to Purdue himself by Senator Kennedy, the 13 Senators express opposition to Secretary Purdue’s involvement in the SRE waivers decision-making process. Also referencing the Clean Air Act and its...

By Lynn L. Bergeson On June 27, 2019, U.S. Senator John Kennedy (R-LA) submitted a letter to USDA Secretary Sonny Purdue asking him to stop threatening energy jobs in Louisiana. In his letter to Secretary Purdue, Senator Kennedy outlines concerns related to Small Refinery Exemptions (SRE) issued by EPA under the RFS program. Of particular concern to Senator Kennedy are reports that Secretary Purdue continues to attempt to influence EPA decisions on small refinery waivers,...

By Lynn L. Bergeson On June 27, 2019, the California Air Resources Board (CARB) approved a rule requiring the gradual transition of fixed-route airport shuttles into 100 percent zero-emission vehicles (ZEV) by 2035. Applied to public and private shuttles that serve the state’s 13 largest airports, including rental car agencies, hotels, and parking facilities, the regulation was approved with an expectation to reduce greenhouse gas (GHG) emissions by at least 500,000 metric tons. According...

By Lynn L. Bergeson On July 5, 2019, EPA Administrator Andrew Wheeler signed a proposed rule to set the minimum amount of renewable fuels that must be supplied to the market in 2020, as well as the biomass-based diesel volume standard for 2021 under the Renewable Fuel Standards (RFS) program. The notice means that EPA is on target to publish the final RFS Renewable Volume Obligations (RVO) on time. In Wheeler’s announcement, he highlights that...

By Lynn L. Bergeson The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on June 28, 2019, announcing that the EPA Safer Choice Program is accepting submissions for its 2019 Safer Choice Partner of the Year Awards. The Safer Choice Program partners with businesses and others to help consumers and commercial buyers identify products with safer chemical ingredients, “without sacrificing quality or performance.” Toward this end, according to EPA, the Safer...

The U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management published a final rule on July 5, 2019, that will amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections designating the product categories within which biobased products would be afforded procurement preference by federal agencies and their contractors. 84 Fed. Reg. 32015. These 30 product categories contain finished products that are...

The European Union (EU) Observatory for Nanomaterials (EUON) announced on July 3, 2019, that it has added a new search tool for nanomaterials to its website.  According to EUON, it will enable regulators to form a better view of available data and give consumers access to chemicals safety information.  The search tool combines data submitted by companies in their registration dossiers under the Registration, Evaluation, Authorization and Restriction of Chemicals...

On June 28, 2019, a coalition of 11 state attorneys general filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Environmental Protection Agency (EPA) for its failure to initiate an asbestos reporting rule under Section 8(a) of the Toxic Substances Control Act (TSCA).  The complaint argues that EPA wrongfully denied the states’ January 31, 2019, petition, filed under TSCA Section 21, to issue a rule for the reporting of the...

On June 26, 2019, the U.S. Environmental Protection Agency (EPA) announced it was extending the comment deadline on its Proposed Interim Registration Review Decision (PID) for glyphosate acid and its various salt forms.  84 Fed. Reg. 30112.  EPA states that it is extending the comment deadline “after receiving public comments requesting additional time to review the Glyphosate Proposed Interim Registration Review Decision and supporting materials.” The deadline to submit...

On June 25, 2019, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) posted two requests for scientific opinions:  hydroxyapatite (nano) and copper (nano) and colloidal copper (nano).  According to the mandate for hydroxyapatite (nano), the EC received 17 notifications for cosmetic products containing hydroxyapatite in nano form.  The EC states that according to the notifications, this ingredient is used in both leave-on and rinse-off dermal and...

On June 28, 2019, the U.S. Environmental Protection Agency (EPA) released the draft risk evaluations for cyclic aliphatic bromide cluster (HBCD) and 1,4-dioxane, two of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA).  In its June 28, 2019, press release, EPA states in the draft risk evaluation for HBCD, it did not find unreasonable risk to the general population, consumers, workers, or the environment.  According to EPA, in...

As reported in our June 28, 2019, memorandum, on June 24, 2019, Bergeson & Campbell, P.C.(B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health (GWU) presented “TSCA: Three Years Later,” a day-long conference with leading experts exploring the current impacts of the Toxic Substances Control Act (TSCA) on science policies, challenges faced by industry, and the impacts of TSCA on regulatory policies,...

Bergeson & Campbell, P.C. (B&C®) would like to thank all of the participants that made “TSCA: Three Years Later” such a success. Speakers, including Alexandra Dapolito Dunn, Assistant Administrator, OCSPP, EPA, and Lynn R. Goldman, M.D., M.S., M.P.H., Michael and Lori Milken Dean and Professor of Environmental and Occupational Health at Milken Institute School of Public Health, George Washington University, provided timely insights into EPA’s implementation of the...

By Lynn L. Bergeson On June 18, 2019, Neste, a Biobased and Renewable Products Advocacy Group (BRAG®) member, and LyondellBassell announced the first commercial scale parallel production of biobased polypropylene and biobased low-density polyethylene. This project used Neste’s renewable hydrocarbons, derived from sustainable biobased raw materials, such as waste and residue oils, to produce food packaging bioplastics marked as Circulen and Circulen Plus by LyondellBasell. "We are...

By Lynn L. Bergeson On June 28, 2019, the California Department of Toxic Substances Control (DTSC) will host the first public workshop on 1,4-Dioxane in Personal Care and Cleaning Products. 1,4-Dioxane, a solvent and stabilizer for chlorinated solvents, which is produced from both petroleum sources and from biobased ethylene oxide, has been identified by DTSC as a likely human carcinogen and an emerging contaminant found in beauty, personal care, hygiene, and cleaning products. DTSC is...

By Lynn L. Bergeson On June 20, 2019, Reuters reported that President Trump directed members of his Cabinet to review EPA’s expanded use of waivers exempting small refineries from the Renewable Fuel Standard (RFS). This decision came after Trump traveled to the Midwest to promote the Administration’s decision to lift a ban on summer sales of E15 and farmers warned that increases in smaller refinery exemptions functionally negated the expected benefits of E15 sales. RFS...

By Lynn L. Bergeson On June 18, 2019, Representative Mike Thompson, (D-CA), Chair of the House Ways and Means Subcommittee on Select Revenue Measures, introduced the Taxpayer Certainty and Disaster Tax Relief Act of 2019. The bill includes: An extension of the $1-per-gallon tax credit for biodiesel and biodiesel mixtures;   An extension of the small argi-biodiesel producer credit of 10 cents per gallon through 2020;   An extension of the second generation biofuel producer...

By Lynn L. Bergeson An Executive Order (EO) issued by President Trump on June 14, 2019, would require all federal agencies and departments to evaluate the need for their current advisory committees established under Section 9(a)(2) of the Federal Advisory Committee Act (FACA).    Entitled “Executive Order on Evaluating and Improving the Utility of Federal Advisory Committees,” the EO also would require each federal agency to terminate at least one-third of its current...