Blogs

The European Commission (EC) Scientific Committee on Consumer Safety (SCCS) announced on September 4, 2013, that it has extended the deadline for comments on the opinion for titanium dioxide (nano form), addendum to the opinion on zinc oxide (nano form), and revision of the opinion on 2,2’-methylene-bis-(6-(2H-benzotriazol-2-yl)-4-(1,1,3,3-tetramethylbutyl)phenol) nano form. Comments are due September 18, 2013. The SCCS website states: “Please note that, according to the Rules of...

On August 26, 2013, bio-isobutanol producer, Gevo, Inc., supported by Coca-Cola and Japanese chemical producer Toray Industries, Inc., held a ribbon cutting ceremony to open its new demonstration-scale paraxylene plant adjacent to Gevo's existing renewable jet fuel plant in Silsbee, Texas. Paraxylene is a key building block to renewable PET beverage bottles and packaging, among other things. Gevo's press release announcing this new facility is available online....

Secretary of Energy Ernest Moniz has announced the selection of 19 individuals to serve on the Secretary of Energy Advisory Board (SEAB). The press release on the announcement is available online. The SEAB will meet at least four times a year and will be broken into four subcommittees to focus on science, energy, nuclear security, and environmental stewardship. The group may also serve to provide advice to Secretary Moniz on an ad hoc basis to...

EPA was scheduled to post a video on its YouTube channel providing an overview of the Agency's plans to regulate GHG emissions from existing power plants. Under President Obama's Climate Action Plan (CAP) announced on June 25, 2013, EPA is directed to propose emissions guidelines for existing power plants by June 1, 2014. EPA's YouTube page is available online. U.S. House Energy and Commerce Subcommittee on Energy and Power Chair Ed Whitfield (R-KY) has announced...

Despite the August Congressional Recess, much regulatory and legislative action continues in Washington, D.C. on the federal Renewable Fuel Standard (RFS). Earlier this month, the leading trade groups representing the oil and gas industry, the American Petroleum Institute (API) and American Fuel & Petrochemical Manufacturers (AFPM), petitioned EPA to lower the 2014 RFS renewable volume obligations (RVO) to below 10 percent of total U.S. gasoline supply. Under the RFS, EPA is directed to set...

On August 26, 2013, the U.S. Court of Appeals for the District of Columbia Circuit granted a petition by several industry groups, including the American Forest & Paper Association and the National Alliance of Forest Owners, for an extension to file an appeal to the court's recent decision to vacate the U.S. Environmental Protection Agency's (EPA) rule temporarily exempting biogenic sources of greenhouse gas (GHG) emissions from new GHG permitting requirements. For more information on...

On August 27, 2013, the U.S. Environmental Protection Agency (EPA) announced its proposed decision to register “Nanosilva,” a nanosilver-containing antimicrobial pesticide product. According to EPA, Nanosilva is a silver-based product “used as a non-food-contact preservative to protect plastics and textiles (e.g., in household items, electronics, sports gear, hospital equipment, bathroom fixtures and accessories) from odor and stain causing bacteria, fungi, mold and mildew.” EPA states...

On August 24, 2013, Canada issued a significant new activity (SNAc) notice for multi-walled carbon nanotubes (MWNCT). The notice states that MWCNTs are not included on the Domestic Substances List and that “a significant new activity in relation to the substance may result in the substance becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999.” The notice defines substance as “short tangled multi-walled carbon...

This week, it is reported that shareholders of leading U.S. cellulosic biofuels company, KiOR, sued the company, its Chief Executive Officer, and Chief Financial Officer, alleging that they reported misleading information on production projections, which artificially inflated the stock price paid. Last year, the company completed construction of its biorefinery in Columbus, Mississippi, which has the capacity to produce up to 13 million gallons per year of cellulosic biofuels made from woody...

On August 15, 2013, USDA announced funding under its Renewable Energy for America Program (REAP) for 631 energy efficiency and renewable energy projects throughout the country. About $400,000 will go to 13 projects designed to install blender pumps in gas stations, which will allow for the greater distribution of higher blends of ethanol, including E85 fuel. The ethanol industry has been calling for greater federal help on blender pumps to allow for greater distribution of...

The U.S. Department of Agriculture (USDA) has announced that it will, for the first time, use its Feedstock Flexibility Program to help restore U.S. sugar prices at or above specific levels. Under the program, U.S. sugar producers may sell their sugar to USDA, which then plans to sell it to biofuels producers. Under the 2008 Farm Bill, USDA is required to keep U.S. sugar at prices at or above certain levels. This year's prices have...

In a letter from Senators Amy Klobuchar (D-MN) and Chuck Grassley (R-IA) to Attorney General Eric Holder and Federal Trade Commission (FTC) Chair Edith Ramirez, the Senators have requested that the U.S. Department of Justice and the FTC investigate the efforts of the oil companies to block market access of renewable fuels in violation of the Sherman Act and the Gasohol Competition Act of 1980, which prohibits discrimination or unreasonable limits against the sale of...

Last week, a professor from Purdue University, Wallace Tyner, published an article concluding that EPA should reduce the overall and advanced RVOs under the RFS in years 2014-2016 to make the policy "workable." As we have reported, earlier this month, EPA released its final rule setting the 2013 RFS, in which the Agency included language indicating that it will likely reduce the overall and advanced RVOs for 2014 in that upcoming rulemaking. Tyner's article, which...

As we have reported, EPA has released its final rule setting the RVOs for the federal RFS (more information is available online). The final rule was officially published, and therefore became effective, on August 15, 2013. A copy of the final rule, as published in the Federal Register, is available online....

While in Brazil last week, U.S. Secretary of Energy Ernest Moniz stressed the importance of biofuels as part of President Obama's Climate Action Plan to reduce greenhouse gas emissions. To this end, Secretary Moniz called for greater partnership between the U.S. and Brazil on biofuels. Significantly, it was reported that Secretary Moniz stated that the U.S. Environmental Protection Agency (EPA) has the authority and ability, and will continue to consider imports when EPA sets the...

Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed — a great product, a great brand, inspiring leadership, and vision — biobased product companies need to understand how the U.S....

The American National Standards Institute Nanotechnology Standards Panel (ANSI-NSP) will hold a free webinar on October 10, 2013, on its new nanotechnology standards database. ANSI-NSP intends the database to be “a free, comprehensive resource for individuals and groups worldwide seeking information about standards and other relevant documents related to nanomaterials and nanotechnology.” During the webinar, ANSI-NSP will discuss how the database can be used by groups and individuals as...

According to the United Kingdom (UK) Environment Agency Chemical Compliance Team’s annual report, during 2012-2013, the Chemical Compliance Team researched the production and use of nanomaterials by UK industry. On behalf of the Department for Environment, Food and Rural Affairs (Defra), the Chemical Compliance Team surveyed 268 organizations to create a list of who is producing/using nanomaterials in the UK, and to develop an understanding of the types of nanomaterial on sale and in...

On August 9, 2013, Particle and Fibre Toxicology published a study entitled “Extrapulmonary transport of MWCNT following inhalation exposure.” The authors report that inhalation exposure studies of mice were conducted to determine if multi-walled carbon nanotubes (MWCNT) distribute to the tracheobronchial lymphatics, parietal pleura, respiratory musculature, and/or extrapulmonary organs. The study states that tracheobronchial lymph nodes were found to contain 1.08 and 7.34 percent of the...

On August 8, 2013, the Fifth District Court of Appeals denied a petition from the California Air Resources Board (CARB) for a rehearing of the case in which the court found on July 15, 2013, that CARB had improperly approved California's Low Carbon Fuel Standard (LCFS) in violation of administrative procedures (more information is available online). The July 15 decision stands and while CARB may continue to implement the LCFS, it must hold a new...

Beta Renewables, a joint venture between chemical company Gruppo Mossi & Ghisolfi and investment company TPG, announced that it had begun commercial production at its cellulosic ethanol plant in Crescentino, Italy, at a price competitive with corn ethanol and gasoline. Novozymes, the leading producer of enzymes used for biofuels production, has invested in Beta Renewables. Beta Renewables expects to export the technology to develop about 20 new plants by 2017. ...

This week, Brazilian biotechnology company GranBio and Solvay Group company Rhodia announced they have signed an agreement to partner to produce bio n-butanol, used to manufacture renewable chemicals and biobased products, including paint. Under the agreement, the companies intend to build the first biomass-based n-butanol plant in Brazil, with operations planned to come online in 2015. The press release is available online....

The American Petroleum Institute (API) this week launched its second ad in selected markets against the federal RFS. The ad is being aired in California, Colorado, Illinois, Kentucky, Michigan, Ohio, and Washington, D.C. It comes just after EPA issued its final 2013 RFS rule (more information is available online), and as the House Energy & Commerce Committee leadership is working on potential modifications to the RFS (more information is available online). The ad continues the...

New U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy is working hard this month to carry out the President's Climate Action Plan, which is available online. The plan is designed to "cut the carbon pollution that causes climate change and affects public health." This week, Administrator McCarthy participated in a town hall event at the University of Colorado at Boulder to discuss the plan and EPA's work on new emissions rules for new and existing...

On August 12, 2013, the U.S. Department of Agriculture (USDA) released its "World Agricultural Supply and Demand Estimates" report in which it projects the U.S. will produce a record 13.76 billion bushels of corn in 2013. The report is available online. Representatives from ethanol trade groups Growth Energy and the Renewable Fuels Association (RFA) praised the news and argued that it showed the federal Renewable Fuel Standard (RFS) was not contributing to higher food prices...

ACS Nano has published an article entitled “A Multi-Stakeholder Perspective on the Use of Alternative Test Strategies for Nanomaterial Safety Assessment,” which is co-authored by Lynn L. Bergeson. The article presents the results of a January 2013 workshop convened at the California NanoSystems Institute of the University of California, Los Angeles (UCLA) and hosted by the University of California Center for the Environmental Implications of Nanotechnology, as well as the UCLA Center for...

Biofuels trade associations, including the Brazilian Sugarcane Industry Association (UNICA), Renewable Fuels Association (RFA), and Advanced Biofuels Association (ABFA) announced last week that they will be leading a trip with 15 companies to Brazil September 30-October 2, 2013, to help foster opportunities for U.S. biofuels. The trip is part of the U.S. Chamber of Commerce's Export Green Initiative. Companies that wish to participate may apply by August 30, 2013. Up to two representatives...

On August 7, 2013, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) through a direct final rule for 53 chemical substances that were the subject of premanufacture notices (PMN), including two PMN substances whose reported chemical names include the term “carbon nanotube” (CNT). Seven of the chemical substances, including the CNT substances, are subject to consent orders under Section 5(e) of the Toxic Substances Control Act. Persons who intend to...

The National Nanotechnology Initiative (NNI) will hold a September 10-11, 2013, workshop concerning “Stakeholder Perspectives on the Perception, Assessment, and Management of the Potential Risks of Nanotechnology.” NNI is holding the workshop to facilitate stakeholder discussion of key elements needed to assess, manage, and communicate potential risks associated with use of nanomaterials and nanotechnology-enabled products, including: The workshop will include three roundtable...

On July 31 and August 1, 2013, the U.S. Department of Energy (DOE) held its sixth annual "Biomass 2013: How the Advanced Bioindustry is Reshaping American Energy." Over two days, attendees heard from Senators, Representatives, Obama Administration officials, and representatives of industry on the current and future progress of the biofuels, renewable chemicals, and biobased products industries. The Biomass 2013 website, including detailed information on the conference and its program...

On July 31, 2013, Senator Barbara Boxer (D-CA), Chair of the Senate Committee on Environment and Public Works (EPW) held a hearing on "Strengthening Public Health Protections by Addressing Toxic Chemical Threats." The exceptionally long hearing included three panels of 19 witnesses and focused on potential reform to the Toxic Substances Control Act of 1976 (TSCA). The detailed report of the hearing issued by Bergeson & Campbell, P.C. is available online. The hearing largely focused...

On July 30, 2013, Particle and Fibre Toxicology published a study entitled “Distribution and fibrotic response following inhalation exposure to multi-walled carbon nanotubes.” In the study, the authors tested the hypothesis that inhalation exposure to multi-walled carbon nanotubes (MWCNT) produces a fibrotic response and that the response is chronically persistent. Male C57BL/6 J mice were exposed in a whole-body inhalation system to a MWCNT aerosol, and the authors examined the fibrotic...

The U.S. International Trade Commission (ITC) published a notice in the July 30, 2013, Federal Register announcing that, following receipt of a letter from the United States Trade Representative (USTR), it instituted investigation No. 332-541, “Trade Barriers that U.S. Small and Medium-Sized Enterprises Perceive as Affecting Exports to the European Union.” According to the notice, USTR’s letter indicated that the U.S., in the Transatlantic Trade and Investment Partnership (TTIP)...

On July 26, 2013, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) posted two documents for comment. The SCCS addendum to its opinion on zinc oxide (nano form) includes the following conclusion: The SCCS opinion on titanium dioxide (nano form) includes the following overall conclusion: 1.  Does SCCS consider that use of titanium dioxide in its nanoform as an UV-filter in cosmetic products in a concentration up to maximum 25.0 % is safe...

The House Energy & Commerce Committee's Subcommittee on Energy and Power held its much anticipated two-day hearing on the RFS, with 16 witnesses from both sides testifying. The following is the full list of witnesses: Panel I • Mr. Jack N. Gerard, President and CEO, American Petroleum Institute • Mr. Charles T. Drevna, President, American Fuel & Petrochemical Manufacturers • Mr. Bob Dinneen, President and CEO, Renewable Fuels Association • Mr. Michael McAdams,...

On July 23, 2013, DOE published a notice announcing an open meeting of the Biomass Research and Development Technical Advisory Committee, which is available online. The meeting will take place August 14, 2013, 8:30 a.m. to 5:30 p.m. and August 15, 2013, 8:30 a.m. to 12:30 p.m. It will be held at the American Geophysical Union, 2000 Florida Avenue, N.W., Washington, DC 20009. For more information, contact Elliott Levine, Designated Federal Officer, Office of Energy...

The European Commission (EC) called for tenders on June 23, 2013, for a study to assess the impact of possible legislation intended to increase transparency on nanomaterials on the market. The EC states that the objective of the open call for tenders is to assist it “in the preparation of an Impact Assessment to identify and to develop the most adequate means to increase the transparency and to ensure the regulatory oversight for nanomaterials on the market (‘nano-registry’).” The...

On July 18, 2013, the Senate voted 59-40 to approve the nomination of Gina McCarthy to lead the U.S. Environmental Protection Agency (EPA). Six Republicans voted for the nomination, including Senators Lamar Alexander (R-TN); Kelly Ayotte (R-NH); Susan Collins (R-ME); Bob Corker (R-TN); and Jeff Flake (R-AZ). McCarthy was sworn in to her new position as EPA Administrator on July 19, 2013. McCarthy's confirmation came after four months of debate, with several Republicans, including members...

On June 19, 2013, the National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice announcing a public meeting and opportunity for comment on a proposed NIOSH survey. The primary purpose of the survey is to evaluate the use of NIOSH guidelines and risk mitigation practices for safe handling of engineered nanomaterials in the workplace.  The proposed survey will examine the extent to which NIOSH and other guidelines are implemented and the barriers to...

Activity on the federal Renewable Fuel Standard (RFS) is in full swing on Capitol Hill. Last week, the House Energy & Commerce Committee's Subcommittee on Energy and Power issued its fifth and final white paper on the RFS seeking input from stakeholders on "implementation issues" with the policy. The white paper is available online. The white paper follows the Subcommittee's hearing last month at which government witnesses testified on the effectiveness and implementation...

On July 12, 2013, the U.S. Court of Appeals for the District of Columbia issued its decision in Center for Biological Diversity v. EPA. In a 2-1 decision, the court vacated the U.S. Environmental Protection Agency's (EPA) rule (the Deferral Rule) exempting bioenergy and other biogenic sources of greenhouse gas emissions from new greenhouse gas permitting requirements under EPA's Tailoring Rule for a period of three years. This deferral was meant to allow EPA time...

The Nanotechnology Industries Association (NIA) is holding its 2013 NanoImage Competition. NIA invites scientists, photographers, and others to enter. NIA seeks “striking examples that illustrate nanotechnology’s diversity of nature, its range of applications and its unseen beauty.” Submissions will be judged on their originality, technical excellence, composition, overall impact, and artistic merit. The grand prize winner will receive an iPad. The competition is open to all persons...

On December 11, 2013, the U.S. Department of Agriculture (USDA) announced a three-year public-private partnership intended to advance rapidly “the development of the first U.S. commercial facility producing cellulosic nanomaterial, a wood fiber broken down to the nanoscale.” The partnership is between the U.S. Endowment for Forestry and Communities (Endowment) and the U.S. Forest Service. According to USDA, potential applications include ballistic glass replacements, body armor,...

On July 4, 2013, the Belgian Federal Public Service for Health, Food Chain Safety, and Environment notified the European Commission (EC) of a draft decree that would create a register of substances manufactured at the nanoscale based on declarations of products containing such substances by the parties placing these products on the market. Under the draft decree, substances manufactured at the nanoscale, and preparations containing them, would be declared if more than 100 grams of...

On July 4, 2013, the Danish Environmental Protection Agency began a public consultation on a draft order for a nanomaterials register. The draft order would impose annual reporting requirements on manufacturers and importers concerning mixtures and products containing nanomaterials. The reporting requirements would apply to nanomaterials released during use of the product or if the nanomaterial is the reason hazardous substances are released from the product.  The order would take...

On July 3, 2013, the U.S. Environmental Protection Agency (EPA) posted its 2013 Regulatory Agenda, which includes the following item concerning nanoscale materials: Nanoscale Materials; Chemical Substances When Manufactured, Imported, or Processed as Nanoscale Materials; Reporting and Recordkeeping Requirements; Significant New Use Rule: EPA is developing a proposal to establish reporting and recordkeeping requirements under the Toxic Substances Control Act (TSCA) for chemical...

On June 26, 2013, the U.S. Environmental Protection Agency (EPA) promulgated final significant new use rules (SNUR) for 17 chemical substances that were the subject of premanufacture notices (PMN), including for certain carbon nanotubes. The SNURs require persons who intend to manufacture or process any of these 17 chemical substances for an activity that is designated as a significant new use to notify EPA at least 90 days before commencing that activity. The final rule includes EPA’s...

On July 29, 2013, the American National Standards Institute Nanotechnology Standards Panel (ANSI-NSP) announced the launch of a new database compiling information concerning nanotechnology-related standards and affiliated activities.  According to ANSI-NSP, the database is part of a larger effort by ANSI-NSP and its members and partners to increase the visibility of existing and in-development nanomaterials and nanotechnology guidance documents, reference materials, and standards. The...

The National Nanotechnology Initiative (NNI) posted frequently asked questions (FAQ) for small and medium business and industry. According to NNI, the FAQs provide answers to some of the most common questions from the nanotechnology business community. The FAQs provide links to sites where a nanotechnology start-up company can obtain information about government funding opportunities; resources intended to help a small company focusing on research and development of nanotechnology-enabled...

On June 21, 2013, the European Commission (EC) began a consultation on the modification of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation annexes on nanomaterials. According to the EC, the objective of the initiative is to provide further clarity on how nanomaterials are addressed.  The EC states that REACH must ensure a high level of health, safety, and environmental protection, while also permitting access to innovative products and promoting...