1 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

Washington, D.C. 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International, 

Respondent. 

Docket No. 9358 

PUBLIC DOCUMENT 

 

JOINT STIPULATION OF THE PARTIES CONCERNING SCIENTIFIC DEFINITIONS 

 Pursuant to Rule 3.21(c)(2), 3.22(f), 3.46(d), and his Honor’s rulings from the bench, 

Respondent ECM BioFilms (“ECM”) and Complaint Counsel hereby supply the following joint 

definitions of scientific and technical terminology. The parties have agreed that the following 

terms and corresponding definitions are not in dispute: 

Abiotic: A physical process, rather than biological; something that is not 

derived from, or caused by, living organisms. 

Aerobic: Relating to, involving, or requiring free oxygen. Also used to describe 

an environment with oxygen. 

Anaerobic Digester: A vessel where decomposition of organic matter takes place in an 

environment without oxygen. 

Anaerobic: Relating to, involving, or requiring an absence of free oxygen. Also 

used to describe an environment lacking oxygen. 

ASTM D5511 (or 

D5511): 

The ASTM’s Standard Test Method for Determining Anaerobic 

Biodegradation of Plastic Materials Under High-Solids Anaerobic 

Digestion Conditions. 

ASTM D5526 (or 

D5526): 

The ASTM’s Standard Test Method for Determining Anaerobic 

Biodegradation of Plastic Materials Under Accelerated Landfill 

Conditions. 

09 04 2014
2 

ASTM: Abbreviation for ASTM International formerly known as the 

American Society for Testing and Materials, a voluntary membership 

organization that develops standard test methods and specifications. 

Biochemical Methane 

Potential (or BMP) 

Test: 

A laboratory-scale reactor test that evaluates the biodegradation of 

materials under a high-liquid (usually anaerobic) environment. 

Biofilm: Any group of microorganisms in which cells stick to each other on a 

surface. These adherent cells may be embedded within a self-produced 

matrix of extracellular polymeric substance (EPS), a slimy, glue-like 

substance that can anchor them to all kinds of material – such as 

metals, plastics, soil particles, medical implant materials, and human 

or animal tissue. 

Biogas: The gas generated as a result of anaerobic biodegradation, usually in 

the form of methane and carbon dioxide. 

Biomass: Organic matter derived from living organisms including plants, 

animals, and microorganisms. 

Bioplastic: A type of plastic derived from biological substances rather than 

petroleum, generally said to be biodegradable. 

Biota: The microorganisms, animals, or plants in a particular region or area, 

to wit, within a landfill or test environment. 

BPI: An abbreviation for the Biodegradable Products Institute. 

Buswell equation: An equation that calculates the maximum biogas potential of a 

material. The equation determines, based on principles of 

stoichiometry, the moles of methane and carbon dioxide that can 

possibly be produced from a mole of substrate or material. 

Carbon dioxide: A colorless, odorless gas produced by microorganisms during aerobic 

and anaerobic respiration. 

Carbon-14: A radioactive isotope of carbon, having six protons and eight neutrons 

in the nucleus. 

Chloride ion: The negatively charged ion (Cl-

) of Chlorine. Chlorine has a molar 

mass of about 35 AMU. The chloride ion is a part of the polymer 

PVC (polyvinyl chloride). 

Colorant: A compound, added during the manufacturing process to plastic 

resins, which contains sufficient pigment to be blended in appropriate 

amounts to achieve a uniform final color. 
3 

Compost: Organic matter that has been degraded under an oxygen rich 

environment. 

Conventional Plastic: A generalization for polyolefin plastics that are untreated and not 

intended to be biodegradable. 

Copolymer: A copolymer is made when two different types of molecules 

(monomers) are joined through polymerization in the same polymer 

chain. 

Decay Rate: The rate at which organic matter is degraded to more stable forms. 

Ductile: A mechanical property that describes the extent in which solid 

materials can be plastically deformed without fracture. 

Dwell time: In plastics manufacturing, the residence time of a resin or additive in 

the mold or injection cylinders, during which time the material is 

exposed to heat. 

ECM Additive: The ECM technology, including “MasterBatch Pellets” that ECM 

manufactures and sells to plastic manufacturers and distributors. 

ECM Plastic(s): Plastics and/or plastic products that contain an ECM additive. 

Enzyme: A substance produced by a living organism that acts as a catalyst to 

bring about a specific biochemical reaction. 

EPA LMOP: Abbreviation for the Environmental Protection Agency’s Landfill 

Methane Outreach Program, a program that helps to reduce the 

methane emissions from landfills by encouraging the recovery and 

beneficial use of landfill gas as an energy resource. 

Erlenmeyer flask: A conical laboratory flask with a flat bottom, conical body, and 

cylindrical neck, which can be used in closed-system laboratory-scale 

reactor tests to measure biodegradation. The flask becomes the 

anaerobic (or aerobic) digester for testing purposes. 

Extrusion Molding: The process of forming continuous plastic shapes by forcing a molten 

plastic material through a die cast. 

Feedstock: A raw material supplied to a machine or processing plant in the 

making of plastics. 

First Order Decay 

Rate: 

The rate at which a chemical reaction takes place that follows first 

order kinetics or exponential decay. 
4 

Gas Chromatograph: A chemical analysis instrument for separating and identifying 

chemicals in a complex sample. 

Gas evolution (or 

respirometric) test: 

A test that evaluates the generation of gas from a closed system 

laboratory reactor. 

Glass Transition 

Temperature (or Tg):

The temperature at which a solid undergoes a reversible transition 

from a hard and relatively brittle state into a molten or rubber-like 

state. 

Half-life: The amount of time it takes material to decompose to have of its 

original value. 

Humus: Stable soil organic matter derived from materials of plant or animal 

origin. 

Hydrolysis: The chemical breakdown of a compound due to reaction with water. 

A “hydrolytic” reaction is one of, producing, or resulting in 

hydrolysis. 

Injection Molding: A method of forming plastics from granular or powdered materials, 

wherein the ingredients or components are fed through a hopper into a 

heated chamber, after which the melted materials are pressed into 

molds or die casts. 

Inoculum: A source material used to introduce microorganisms to an 

environment. As used in anaerobic test methods, an anaerobically 

digested organic waste that includes all groups of microorganisms 

required to convert a substrate to methane and carbon dioxide. 

In-situ Testing: Refers to testing or evaluations conducted in the natural environment 

where the scientific phenomena generally occur. In context with 

landfill biodegradation studies, “in-situ” testing refers to tests 

conducted on or within MSW landfills. 

ISO: An abbreviation for the International Organization for 

Standardization, an independent, non-governmental membership 

organization that develops voluntary international standards. 

Landfill: A disposal site where solid waste is buried between containment 

layers consisting of soil and other materials to eliminate 

contamination of the surrounding land. 

LandGEM: Landfill Gas Emissions Model. 

Leachate 

recirculation: 

The practice of returning leachate to the landfill from which it has 

been abstracted. 
5 

Leachate: A liquid that percolates through waste material in a landfill. 

Lignin: A complex polymer of aromatic alcohols that is an abundant organic 

polymer in nature. 

Load rating (or load 

rate): 

With respect to plastic additives, the percent of additive introduced 

into the final plastic by weight. Concerning the ECM Additive 

specifically, the “load rate” refers to the amount of the additive pellet 

by total weight. 

Masterbatch: A concentrate of additives dispersed within a carrier polymer, which 

is then blended into the base polymer or resin intended to be modified. 

Melting point: The temperature at which a solid and liquid phase may coexist in 

equilibrium or, put simply, the point at which a solid material turns to 

a liquid, if applicable. 

Mesophilic 

microorganism (or 

mesophile): 

Bacteria that functions best under moderate temperatures, generally 

(but not exclusively) between 20°C and 40°C (68°F-104°F). 

Methane: A gas composed of one atom of carbon, and four atoms of hydrogen, 

produced as an end product of anaerobic biodegradation. 

Methanogen: Bacteria that generate methane in the process of breaking down 

matter. 

Molecular weight: The sum of the atomic weights of the atoms in a molecule. 

Monomer: A small molecule that can be bonded with identical small molecules to 

form a chain or a network (polymer). 

Municipal Solid 

Waste (MSW): 

Waste consisting of everyday items discarded by the public, including, 

e.g., product packaging, grass clippings, furniture, clothing, food 

scraps, newspapers, etc., but excluding hazardous and commercial 

waste. 

Municipal Solid 

Waste (or MSW) 

Landfill: 

A landfill that accepts municipal solid waste, which includes, e.g., 

waste generated from residential, commercial, and institutional 

sectors, including wastes from households, offices, stores, and nonmanufacturing activities. 

Negative Control: A test control used in a well-designed scientific experiment, wherein 

no response is expected. Concerning biodegradation testing, the 

negative control is frequently polyethylene or a conventional plastic 

not treated for biodegradability. 
6 

NSF: An abbreviation for the National Sanitation Foundation International, 

or NSF International, which is an independent and accredited 

organization that develops standards, and tests products and systems. 

Olefin: An unsaturated chemical compound derived from petroleum 

containing at least one carbon–carbon double bond, and includes 

ethylene and propylene. 

pH: A measure of the acidity or basicity of an aqueous solution. Solutions 

with a pH less than 7 are said to be acidic and solutions with a pH 

greater than 7 are basic or alkaline. Pure water has a pH very close to 

7. 

Plastic additive: Materials added to a plastic polymer to produce a desired change in 

material properties or characteristics. 

Plasticizer: A substance, material, or compound incorporated in a material to 

increase flexibility, workability, or extensibility. 

Poly(lactic acid) (or 

PLA): 

A biodegradable thermoplastic aliphatic polyester derived from 

renewable resources, such as corn starch (in the United States), 

tapioca roots, chips or starch (mostly in Asia), or sugarcane (in the rest 

of the world). 

Polycaprolactone (or 

PCL): 

A biodegradable polyester with a low melting point of around 60°C 

and a glass transition temperature of about −60 °C. 

Polyethylene (or PE) 

(also LLDPE, HDPE): 

A type of thermoplastic polymer, generally manufactured by 

polymerizing ethylene. 

Polyethylene 

terephthalate (PET or 

PETE): 

A type of thermoplastic polymer resin of the polyester family. 

Polymer: A substance that has a molecular structure consisting chiefly or 

entirely of a large number of similar units (monomers) bonded 

together. 

Polymerization: A chemical reaction whereby the molecules of similar or identical 

monomers are linked together to form larger chain molecules with 

molecular weights that are multiples of the monomer. 

Polyolefin A term for petrochemical-based plastics including, e.g., PE, LDPE, 

LLDPE, HDPE, and PP. 

Polypropylene (or 

PP): 

A type of thermoplastic polymer. 
7 

Polystyrene (or PS): A type of thermoplastic polymer, generally manufactured by 

polymerizing styrene. Expanded Polystyrene (EPS) is used as a white 

rigid foam, otherwise known as Styrofoam. 

Polyvinyl Chloride 

(PVC): 

A type of plastic. 

Positive Control: A test control used in a well-designed scientific experiment, wherein a 

known response is expected. Concerning biodegradation testing, the 

positive control is frequently cellulose, i.e., filter paper or similar. 

Prokaryote: A microscopic single-celled organism that lacks a distinct nucleus 

with a membrane or other specialized organelles. Prokaryotes include 

bacteria and cyanobacteria. 

Radiolabel: To label with a radioactive atom or substance. 

RCRA: Resource Conservation and Recovery Act, the federal law that 

governs the management and disposal of solid and hazardous waste. 

Resin: A term used to designate a polymer used as a base material for 

plastics. 

Sludge: Refers to the residual, semi-solid material left from industrial 

wastewater, or sewage treatment processes. 

Stoichiometry: The branch of chemistry that deals with the application of the laws of 

definite proportions and the conservation of mass and energy to 

chemical activity. Stoichiometry involves the examination of ratios 

between two or more substances undergoing a physical or chemical 

change. 

Tensile strength: The amount of force required to elongate the plastic by a defined 

amount. 

Thermophilic 

microorganism (or 

thermophile): 

Bacteria that functions best under higher temperatures, generally (but 

not exclusively) above 45 degrees Celsius. 

Thermoplastic: A plastic polymer that becomes pliable or moldable above a specific 

temperature but returns to a solid state after cooling. 

Thermoset: A plastic polymer (or resin) that is initially pliable or moldable, but 

irreversibly cures upon cooling. 
8 

Volatile Solids: As used in biodegradation testing, the amount of solids in the test 

inoculum, calculated by the mass of material that is lost on 

combustion at 550 Celsius. 

 

 

Respectfully submitted, 

 /s/ Katherine Johnson* _ 

Katherine Johnson (kjohnson3@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

Complaint Counsel 

 /s/ Peter A. Arhangelsky _

Peter A. Arhangelsky 

(parhangelsky@emord.com) 

Emord & Associates, P.C. 

3210 S. Gilbert Road, Ste 4 

Chandler, AZ 85286 

Counsel for Respondent, ECM Biofilms 

Dated: September 4, 2014. 

* Signed electronically on Ms. Johnson’s behalf with her permission. 

 
9 

CERTIFICATE OF SERVICE

I hereby certify that on September 4, 2014, I caused a true and correct copy of the 

foregoing to be served as follows: 

One electronic copy to the Office of the Secretary through the e-filing system: 

Donald S. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-113 

Washington, DC 20580 

Email: secretary@ftc.gov 

One electronic courtesy copy to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Room H-110 

Washington, DC 20580 

One electronic copy to Counsel for Complainant: 

Katherine Johnson (kjohnson3@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

Arturo DeCastro (adecastro@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

Jonathan Cohen (jcohen2@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

I certify that I retain a paper copy of the signed original of the foregoing document that is 

available for review by the parties and adjudicator consistent with the Commission’s Rules. 

 

DATED: September 4, 2014 

 /s/ Peter A. Arhangelsky 

 Peter A. Arhangelsky 

 EMORD & ASSOCIATES, P.C. 

 3210 S. Gilbert Road, Ste 4 

 Chandler, AZ 85286 

 (P) 602-388-8899