Blogs

On March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Supporters of S. 697 maintain that it significantly improves the Toxic Substances Control Act (TSCA) by providing more authority and funding to the U.S. Environmental Protection Agency (EPA) to regulate new and existing chemicals. Critics of the bill argue that while the perfect may...

Almost seven years ago, the International Center for Technology Assessment (ICTA) filed a petition for rulemaking requesting that the U.S. Environmental Protection Agency (EPA) regulate products containing nanosilver as pesticides and for related other forms of relief.  On March 19, 2015, EPA responded to the petition.  In general, the response does not alter EPA’s legal position with regard to nanosilver and its regulation under the Federal Insecticide, Fungicide, and...

On March 25, 2015, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical...

Almost seven years ago, the International Center for Technology Assessment (ICTA) filed a petition for rulemaking requesting that the U.S. Environmental Protection Agency (EPA) regulate products containing nanosilver as pesticides and for related other forms of relief. On March 19, 2015, EPA responded to the petition. In general, the response does not alter EPA’s legal position with regard to nanosilver and its regulation under the Federal Insecticide, Fungicide, and Rodenticide Act...

On March 20, 2015, the United Nations World Health Organization’s International Agency for Research on Cancer (IARC) announced it had completed evaluations assessing the carcinogenicity of five organophosphate pesticides. Specifically, IARC classified the herbicide glyphosate and the insecticides malathion and diazinon as probably carcinogenic to humans (Group 2A), and classified the insecticides tetrachlorvinphos and parathion as possibly carcinogenic to humans (Group 2B)....

The French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published on March 10, 2015, an Opinion concerning exposure to silver nanoparticles that “stresses the research that has been carried out to examine the potential health and environmental effects of silver nanoparticles but notes that this is still insufficient to allow the health risks to be assessed.” ANSES states that, based on the conclusions of its April 2014 Opinion on the risks associated with...

ACS Nano, published by the American Chemical Society (ACS), has posted an article entitled “Nanomaterial Categorization for Assessing Risk Potential to Facilitate Regulatory Decision-Making.”  The abstract of the article, which is co-authored by Lynn L. Bergeson, states: For nanotechnology to meet its potential as a game-changing and sustainable technology, it is important to ensure that the engineered nanomaterials and nanoenabled products that gain entry to the marketplace are safe...

DOE’s Bioenergy Technologies Office (BETO) and the Clean Energy Research and Educational Foundation (CEREF) are co-hosting Bioenergy 2015: Opportunities in a Changing Energy Landscape, scheduled for June 23-24, 2015, at the Walter E. Washington Convention Center in Washington, D.C. This year’s conference will focus on opportunities and challenges in our current highly dynamic energy ecosystem.  ...

The Bioeconomy Coalition of Minnesota is advocating strongly for two bills in the state that if passed would result in a two-year, $5 million production incentive for producers, and a capital loan equipment program. The bills, HF 536 and SF 517, would benefit companies that develop biochemicals, advanced biofuels, and anaerobic digestion projects. There is concern, however, that the legislation would increase the production of corn rather than encourage the production of crops that do...

On March 12, 2015, Christopher Grundler, Director of EPA’s Office of Transportation and Air Quality, signed the Notice Of Opportunity to Comment on an Analysis of the Greenhouse Gas Emissions Attributable to Production and Transport of Pennycress (Thlaspi Avense) Oil for Use in Biofuel Production. This notice states that biofuels produced from pennycress oil could qualify as biomass-based diesel or advanced biofuel when they are produced using typical fuel production process technologies....

On March 13, 2015, the National Academies issued Industrialization Of Biology: A Roadmap To Accelerate The Advanced Manufacturing Of Chemicals, a 143-page report prepared in response to a request from the U.S. Department of Energy (DOE) and the National Science Foundation (NSF) to “develop a roadmap of necessary advances in basic science and engineering capabilities, including knowledge, tools and skills” to accelerate the advanced manufacturing of chemicals using biological systems....

On Wednesday, March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The following individuals testified during the hearing: James Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA); Dr. Richard Denison, Senior Scientist, Environmental Defense Fund; Dr. Edward McCabe, Senior Vice President and Chief...

The National Nanotechnology Initiative (NNI) published on March 11, 2015, its supplement to the President’s 2016 budget submitted to Congress.  NNI states that the supplement serves as the NNI annual report.  According to the annual report, in 2014, federal agencies invested $1.57 billion in nanotechnology-related activities.  The President’s 2016 request calls for an investment of $1.50 billion, which the report states “affirm[s] the Administration’s continuing...

The National Nanotechnology Initiative (NNI) published on March 12, 2015, the proceedings of a September 15, 2014, meeting on “Realizing the Promise of Carbon Nanotubes: Challenges, Opportunities, and the Pathway to Commercialization,” held at the National Aeronautics and Space Administration (NASA) Headquarters.  According to NNI, a number of common themes and potential future research and development priorities emerged: NNI states that the outcomes of the meeting will help...

The U.S. Environmental Protection Agency (EPA) and the U.S. Food and Drug Administration (FDA) have executed a Memorandum of Understanding (MOU) on Information Sharing regarding the sharing of data and other confidential information related to substances that may be present in human food, animal food and feed, animal drugs, and cosmetics. EPA and FDA state in the MOU that the sharing of such information will “open[] channels of communication between the agencies” and will “serve...

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass’n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment, even if the interpretative rule construes a substantive (or “legislative”) rule previously issued by the agency and even if the interpretative rule alters a prior interpretation of the same rule. In the Perez decision, the Court explicitly...

On March 2, 2015, the United States Environmental Protection Agency (EPA) and the American Chemistry Council (ACC) executed a settlement agreement (Agreement) following the ACC’s petition for judicial review of EPA’s antimicrobial pesticide data requirements final rule issued on May 8, 2013 (78 Fed. Reg. 26936). The judicial review proceeding was held in abeyance while settlement discussions were pursued between EPA and ACC for this final rule, entitled “Data Requirements...

The Danish Environmental Protection Agency (EPA) published on March 6, 2015, the following reports concerning nanomaterials:...

The Advanced Bioeconomy Leadership Conference (ABLC) is underway in Washington, and the discussions and presentations have been lively. At the opening “Policy Outlook” forum Wednesday morning, Biofuels Digest Editor Jim Lane welcomed the leaders gathered, including more than 130 C-level attendees, and introduced the heads of the “7 families” on the dais representing the key trade groups involved in biobased policy, one of which is the Biobased and Renewable Products...

On March 2, 2015, the winners of the 2015 Bio Business Awards were announced at the World Bio Markets (WBM) event in Amsterdam. The awards are designed to reward innovation and leadership in the development of sustainable and renewable fuel and chemical solutions. Malaysian Biotechnology Corporation was named the WBM Industry Champion 2015, DuPont’s Sorona Fiber won an award for Breakthrough Biobased Technology Platform, and Elevance Renewable Sciences won the Biobased Product Innovation...

Last week, EPA unveiled the new Safer Choice label. According to the EPA website, a product with the Safer Choice label means that EPA scientists have reviewed every ingredient in that product to ensure they meet the rigorous health and environmental criteria included in the Safer Choice Standard. Companies wishing to learn how to qualify for the Safer Choice label should visit EPA’s Resources for Safer Choice Product Manufacturers.  ...

On March 7, 2015, the 2015 Iowa Ag Summit brought together several Republican Presidential hopefuls to discuss agricultural issues, including the Renewable Fuel Standard (RFS), in the United States. The potential candidates present at the summit included former Governor Jeb Bush (R-FL), Governor Scott Walker (R-WI), Senator Ted Cruz (R-TX), Senator Lindsey Graham (R-SC), former Governor George Pataki (R-NY), former Governor Mike Huckabee (R-AR), former Senator Rick Santorum (R-PA), and former...

On March 10, 2015, Senators Tom Udall (D-NM) and David Vitter (R-LA) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that would reform the Toxic Substances Control Act (TSCA). The bill has 15 co-sponsors — seven Democrats and eight Republicans. The bill builds on the proposed Chemical Safety Improvement Act offered by Senator Vitter and the late Senator Frank Lautenberg (D-NJ) in 2013. According to the overview provided...

On March 2, 2015, European Union (EU) Ministers approved a Directive previously approved by the European Parliament with regard to genetically modified organisms (GMO). EU Directive 2010/0208, entitled Directive of the European Parliament and of the Council amending Directive 2001/18/EC as regards the possibility for the Member States to restrict or prohibit the cultivation of genetically modified organisms (GMOs) in their territory, will allow individual Member States to determine whether...

On March 1, 2015, the U.S. Environmental Protection Agency (EPA) released the 11th Annual Report on EPA’s implementation of the Pesticide Registration Improvement Extension Act (PRIA 3) that is required under Section 33(k) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This annual report details changes in processes, practices, and policies for Fiscal Year (FY) 2014 that ran from October 1, 2013, through September 30, 2014. The report is divided into different...

The U.S. Environmental Protection Agency (EPA) issued an updated schedule for the Pesticide Registration Review program that sets forth a timetable for opening dockets for the next three years, through end of fiscal year 2017 (September 2017). Through the Pesticide Registration Review program, EPA reviews all registered pesticides at least every 15 years, as mandated by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Following the newly issued schedule, all...

On February 24, 2015, the Australian Renewable Energy Agency (ARENA) announced $5.2 million in funding that would go to the design and construction of a pilot scale biofuel production facility in Perth. The company in charge of creating the facility is Renergi, a startup established in 2012 with the goal of commercializing a suite of energy technologies that were developed in Curtin University’s Fuels and Energy Technology Institute. The production facility will contain a 100...

On February 25, 2015, the U.S. Department of Energy (DOE) announced the third round of Strategic Technical Assistance Response Team (START) Renewable Energy Project Development Assistance that provides tribal governments and entities with support to produce clean and renewable energy. The START program was launched in December 2011 and has helped 21 tribal communities advance solar, wind, biofuels, and energy efficiency projects. The program is open to Indian Tribes, Alaska Native regional...

On February 26, 2015, the Oregon State Senate passed Senate Bill 324 (SB 324), a measure that would require fuel producers to reduce the amount of carbon in car and truck fuels. If passed by the Oregon House of Representatives, SB 324 will implement a low-carbon standard in the state of Oregon. The measure is modeled on California’s fuel standard, and would require fuel importers to cut the carbon in fuels by 10 percent from...

On February 25, 2015, the U.S. House of Representatives’ Committee on Energy and Commerce’s Subcommittees on Energy and Power and Environment and the Economy held a joint hearing on “The Fiscal Year 2016 EPA Budget.” During the hearing, both supporters and opponents of the federal Renewable Fuel Standard (RFS) criticized U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy on the Agency’s implementation of the program. RFS supporters pointed out...

USDA’s National Institute of Food and Agriculture’s Biomass Research and Development Initiative (BRDI) is accepting research and education grant applications for projects to integrate science and engineering research in: (1) feedstock development; (2) biofuels and biobased products development; or (3) biofuels development analysis. A description of the solicitation, eligibility requirements, and application instructions for the BRDI program can be found at www.grants.gov under...

Last week, the U.S. Department of Agriculture (USDA) issued a final rule amending the Biomass Crop Assistance Program (BCAP) to implement changes required by the 2014 Farm Bill. BCAP provides financial assistance to owners and operators engaged in biomass crops, including collection, harvest, storage, and transportation. The final rule does not alter the scope of the BCAP but does reduce the payment rate per ton for eligible materials and limits the cost share per acre....

Environment Canada and Health Canada have released a February 2015 consultation document entitled Proposed Approach to Address Nanoscale Forms of Substances on the Domestic Substances List.  Environment Canada and Health Canada propose a stepwise approach to address nanoscale forms of substances on the Domestic Substances List (DSL): The proposed criteria for defining existing nanomaterials include, but are not limited to: Proposed criteria for substances to be excluded, unless they...

REMINDER Border Security: EPA’s Increased FIFRA Import Enforcement InitiativeMarch 12, 20152:00 p.m. – 3:00 p.m. (EDT)Register online Bergeson & Campbell, P.C. (B&C®) is pleased to host a complimentary webinar on recent compliance and enforcement issues regarding the importation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) 2014 revisions to its Notice of Arrival (NOA) form...

On February 27, 2015, the California Department of Pesticide Regulation (DPR) released California Notice 2015-3, entitled Concurrent Submission of Pesticide Products to the Department of Pesticide Regulation and the U.S. Environmental Protection Agency. In this Notice, DPR describes the four types of applications that may be submitted concurrently to DPR and to the U.S. Environmental Protection Agency (EPA), the procedure applicants should follow to request concurrent submission, and how...

Center for Food Safety v. EPA is a case in the U.S. Court of Appeals for the 9th Circuit (9th Circuit) that consolidates two petitions for review of a decision by the U.S. Environmental Protection Agency (EPA) to register the new herbicide product Enlist Duo for use in six Midwestern states. A group of non-governmental organizations filed one of the petitions and the Natural Resources Defense Council (NRDC) filed a separate petition. Enlist Duo combines the...

The California Department of Pesticide Regulation (DPR) announced on February 26, 2015, a revision to the process for evaluation of the potential for a pesticide to move off-site into surface water when the pesticide is used in an urban area. The former evaluation method followed the U.S. Environmental Protection Agency (EPA) approach with California specific parameters. This revision will continue to use the EPA approach but allow incorporation of a module specific for California urban...

Not a moment too soon, the European Chemicals Agency (ECHA) released a useful and clearly written Practical Guide on Biocidal Products Regulation, ECHA-14-B-19-EN. ECHA is the European Union (EU) agency tasked with implementing the Biocidal Products Regulation (BPR), along with other EU chemical laws and regulations. Adopted in 2012, the BPR revised the Biocidal Products Directive and imposes requirements on producers of active substances and biocidal products. Starting on September 1,...

The California Department of Pesticide Regulation (DPR) recently issued its Progress Report 2012-2014, which highlights DPR’s view of achievements under the leadership of Director Brian Leahy. Among the achievements noted are the following; others are also discussed in the report. • Restricting sales of Second Generation Anticoagulant Rodenticides (SCAR). This action is described as having been “the catalyst for a national change, as the manufacturer agreed with U.S. EPA to phase...

The California Department of Pesticide Regulation (DPR) has extended, from February 27, 2015, to Friday, March 13, 2015, the submission of written comments following DPR’s January 14, 2015, Registration Fee Workshop where DPR discussed the potential increase in registration fees for pesticide products pursuant to Food and Agricultural Code (FAC) § 12812(a). Under the proposal, DPR would increase fees for applications and renewals from $750 to $1,150, decrease fees for certain...

REGISTER FOR ABLC 2015 The Advanced Bioeconomy Leadership Conference 2015 (ABLC 2015), to be held March 11-13, 2015, at the Capital Hilton in Washington, D.C., is the gathering point for top leaders in the Advanced Bioeconomy — bringing together the entire spectrum of advanced fuels, chemicals, and materials CEOs and senior executives, business development, R&D leaders, strategic partners, financiers, equity analysts, policymakers, and industry suppliers. Kathleen M. Roberts, Executive...

The Biotechnology Industry Organization (BIO) is now accepting nominations for the George Washington Carver Award and the Rosalind Franklin Award, both recognizing leadership in the field of industrial biotechnology. Nominations are being accepted through February 26, 2015, and the recipients will be presented with the awards at the BIO World Congress on Industrial Biotechnology from July 19-22, 2015, in Montreal. The Biobased and Renewable Products Advocacy Group (BRAG®) is proud to once again...

On February 17, 2015, the U.S. Department of Energy (DOE) published in the Federal Register a Notice of Open Meeting for the Biomass Research and Development Technical Advisory Committee (the Committee). The Committee plans to meet on March 5, 2015, from 8:30 a.m. to 5:30 p.m. and March 6, 2015, from 8:30 a.m. to 1:00 p.m. at the Marriott Wardman Park in Washington, D.C. The agenda includes updates on the Biomass Research and Development Initiative,...

On January 28, 2015, the U.S. Environmental Protection Agency (EPA) announced that it has made available for public comment its proposal to improve the corn rootworm insect resistance management program currently in place for registrations of plant-incorporated protectants (PIP) derived from Bacillus thuringiensis (Bt) in corn. The EPA framework contains a number of controversial provisions, including the following proposed restriction of soil applied insecticides (SAI): “SAIs must be...

On January 30, 2015, the U.S. Environmental Protection Agency (EPA) released drafts of new guidelines for animal testing of the endocrine disrupting effects of pesticides and other chemicals. The proposed guidelines outline how scientists can use Japanese quail, medaka fish, or amphibian larvae to conduct various endocrine tests. EPA reportedly also considered including mysid crustaceans on its list of non-mammals acceptable to use in endocrine testing, but did not because the data were not...

March 12, 20152:00 p.m. – 3:00 p.m. (EST) Bergeson & Campbell, P.C. (B&C®) is pleased to host a complimentary webinar on recent compliance and enforcement issues regarding the importation of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The U.S. Environmental Protection Agency’s (EPA) 2014 revisions to its Notice of Arrival (NOA) form (EPA Form 3540-1), coupled with EPA’s increasing scrutiny of pesticide imports, indicate that this...

The Environmental Law Institute will host a complimentary webinar, “Neonicotinoids and Colony Collapse Disorder: Regulating and Product Stewardship in the Face of Uncertainty,” on Tuesday, February 24, 2015, from 12:00 p.m. – 1:30 p.m. (EST). The webinar is open to the public but registration is required. Fraught with both scientific uncertainty and the potential for significant agricultural and ecological consequences, the debate over neonicotinoid regulation...

On February 10, 2015, the European Union’s (EU) chief negotiator on the Transatlantic Trade and Investment Partnership (TTIP) agreement released the EU’s initial proposal for the “legal text” of the all-important regulatory cooperation chapter. The text was tabled for discussion with the United States in the negotiating round on February 6, 2015, and released to the public shortly thereafter. The text of the final agreement will be a result of negotiations between the EU and...

On February 4, 2015, the newly formed Illinois Clean Jobs Coalition and Chicago Mayor Rahm Emanuel called for an update of the renewable portfolio standard (RPS) that was put into place in 2007. The Coalition proposed a plan to create as many as 32,000 jobs annually by improving Illinois’ energy economy. These improvements would be made through: (1) changes to the RPS to increase the use of renewable sources to create 35 percent of power...

On February 3, 2015, West Virginia repealed the Alternative and Renewable Energy Portfolio Act that was originally passed and adopted in 2009. This Act (the Standard) required utilities serving 30,000 residential customers or more to generate at least 25 percent of their electricity from renewable sources by 2025. To be in compliance with the Standard, utilities could use coal (e.g., advanced coal technologies and waste coal), natural gas, and fuel generated from burning tires as...