Published Articles
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Lynn L. Bergeson, “What’s New in Nano?,” Trends, July/August 2010.
There are many nanotechnology governance activities underway at the federal, state, and international levels of which nano aficionados should be aware. Here is a quick summary of key initiatives.
Lynn L. Bergeson, “Developments on Nanomaterial Governance in U.S. Gather Pace,” Chemical Watch, July/August 2010.
Nanotechnology governance initiatives in the US abound and there is no reason to think the pace will slow. Lynn L. Bergeson offers a summary of key initiatives.
Lynn L. Bergeson, “Washington: Safe for Humans?,” Manufacturing Today, Summer 2010.
Hundreds of U.S. businesses have already received in the mail test orders issued by the U.S. Environmental Protection Agency (EPA) for initial endocrine screening under the Endocrine Disruptor Screening Program (EDSP). Hundreds more will receive orders later this year. How recipients respond to an EDSP test order can present challenging issues. This article explains why.
Lynn L. Bergeson, “Tiny Particles Get Big Attention,” Chemical Processing, June 2010.
Nanoscale materials may figure in Toxic Substances Control Act (TSCA) reform. While not mentioning “nanotechnology,” a bill introduced on April 15, by Sen. Frank Lautenberg (D-NJ) addresses chemicals with “special substantive characteristics.” The bill authorizes the U.S. Environmental Protection Agency (EPA) to evaluate and compel data on new/special uses of existing chemicals “separate from any use of the chemical substance that does not exhibit such special substance characteristics” or on new chemical substances exhibiting such characteristics.
Lynn L. Bergeson, “Legal Lookout: Endocrine Disruptors: Test Orders Abound,” Pollution Engineering, June 2010.
In April 2009, EPA identified a final list of 67 chemicals for initial screening under the Endocrine Disruptor Screening Program (EDSP). From October 2009 to April 2010, the agency issued more than 700 test orders. Responding to an EDSP test order can present challenging issues. The agency began implementing this mandate well over a decade ago through the EDSP.
Lynn L. Bergeson, “Guest Editorial: The IRIS Assessment of Inorganic Arsenic: Is Science Being Hijacked?,” Trends, Spring 2010.
The arsenic Integrated Risk Information System (IRIS) assessment exemplifies the current administration’s unwillingness to walk its own talk on transparency and scientific integrity.
Charles M. Auer, Lynn L. Bergeson, and Lisa R. Burchi, “TSCA Section 5(b)(4) ‘Chemicals of Concern’ List: Questions, Issues, Concerns,” BNA Daily Environment Report, May 24, 2010.
The Toxic Substances Control Act (TSCA) allows the U.S. Environmental Protection Agency (EPA) to keep a list of chemicals that present or may present ‘‘an unreasonable risk of injury to health or the environment.’’ This authority has not been used since TSCA was enacted in 1976. In April, EPA said it intends to propose a rule to add a category of eight phthalates, a category of polybrominated diphenyl ethers, and bisphenol A to such a list. In this article, the authors explore EPA’s authority under Section 5(b)(4) of the TSCA to create a ‘‘chemicals of concern’’ list and discuss legal and policy issues that may arise.
Lynn L. Bergeson, “EPA Seeks to Lift Stay,” Chemical Processing, May 2010.
Earlier this year, the U.S. Environmental Protection Agency (EPA) proposed lifting its 1994 administrative stay of Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 reporting requirements for hydrogen sulfide (H2S). Following is an explanation of why some are concerned, why EPA proposed lifting the stay, and why reporting may be unnecessary in the first place.
Lynn L. Bergeson, “DOT Eases Requirements for Security Plans,” Pollution Engineering, May 2010.
On March 9, 2010, the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) narrowed its list of hazardous materials, or hazmats, that require security plans when transported in commerce. The new rule is effective on October 1, 2010.
Lynn L. Bergeson, “Chemical Pollutants in Water Emerge,” Chemical Processing, April 2010.
Recent advances in contaminant identification methodologies, sampling instrumentation, and analytical chemistry have caused an explosion of knowledge about the presence of previously undetected organic micropollutants. While it doesn’t follow that the mere presence of chemical contaminants results in harm, public health experts, regulators, and others aren’t sitting idly by.
Lynn L. Bergeson, “EPA Now Talking Nano,” Pollution Engineering, April 2010.
EPA’s Scientific Advisory Panel (SAP) released in January the minutes of its November 2009 meeting regarding evaluation of nanosilver and other nanometal pesticide products. The report is available at www.epa.gov/scipoly/sap/meetings/2009/november/110309ameetingminutes.pdf. For prospective nanosilver Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) registrants, the news is not encouraging.
Charles M. Auer, “Periodic Reporting of Hazard Data, Exposure Information on Existing Chemicals,” BNA Daily Environment Report, Apr. 14, 2010.
A Recent co-authored paper discussed a number of fundamental changes in U.S. regulation of commercial chemicals that should be considered in revising the Toxic Substances Control Act. As discussed in that paper, while the Environmental Protection Agency under TSCA has broad authority to require testing and reporting of hazard and exposure information on existing chemicals via rulemaking, deploying these authorities have proven cumbersome and inadequate for dealing effectively with the thousands of chemicals in commerce.
Charles M. Auer, Lynn L. Bergeson, and James V. Aidala, “EPA’s Action Plans Signal a New Chapter for TSCA While Informing the Future Legislative Debate on Chemicals,” Environmental Law Reporter, March 2010.
Late last December, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced action plans on phthalates, long-chain chlorinated paraffins (LCCPs), and short-chain chlorinated paraffins (SCCPs). The four action plans are the first of many, as EPA intends to issue eight more or so in 2010. This EPA initiative announces actions that are almost breathtaking in scope, and its development and implementation of the action plan items will set a number of new precedents — and possibly shape future legislative proposals — that industry will need to participate in and monitor closely.
Lynn L. Bergeson “Aligning Chemicals Labeling with Global Rules Involves Major Efforts,” Chemical Processing, March 2010.
The Occupational Safety and Health Administration (OSHA) began the Herculean task of aligning the U.S.’s Hazardous Communication Standard (HCS) with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS) in September 2009. GHS provides harmonized criteria for classifying chemicals according to their health and physical hazards, and specifies hazard communication elements for labeling and creating safety data sheets (SDS).
Lynn L. Bergeson, “EPA Publishes Final Clarification for Chemical Identification Describing Activated Phosphors for TSCA Inventory Purposes,” Pollution Engineering, March 2010.
The EPA published its final clarification under which certain activated phosphors that are not on the Toxic Substances Control Act (TSCA) Section 8(b) Chemical Substance Inventory (TSCA Inventory) will be considered to be “new” chemical substances under TSCA Section 5, and thus will be subject to applicable notification requirements under TSCA Section 5. According to EPA, the clarification is necessary because EPA’s statements in this area have not been consistent. EPA states that, in certain letters and other statements issued by EPA from 1978 to 2003, the agency erroneously indicated that activated phosphors constitute mixtures of phosphors and dopants for purposes of the TSCA Inventory, and thus were not separately reportable as chemical substances under TSCA Section 5(a) new chemical notification requirements. The final clarification is effective August 24, 2011.
Lynn L. Bergeson, “Disclosure Protection May Narrow,” Chemical Processing, February 2010.
A business’ ability to claim information as confidential when submitted to the U.S. Environmental Protection Agency (EPA) may soon be at risk, based on several EPA initiatives rolled out over the past year. As Congress gears up for Toxic Substances Control Act (TSCA) legislative reform, stakeholders are preparing for changes in the scope of confidential business information (CBI) protection under TSCA.
Lynn L. Bergeson, “EPA Moves Closer to GHG Control,” Pollution Engineering, February 2010.
EPA has put itself on the path toward greenhouse gas regulation, but in Congress, the courts, and the international community, the debate rages on. On Dec. 7, 2009, EPA moved one step closer to imposing the first ever set of enforceable greenhouse gas (GHG) standards on tailpipe emissions from vehicles, and a requirement that large power plants and industrial emitters install best available control technology (BACT) to reduce emissions.
Lynn L. Bergeson, “OSHA Kicks Off the ‘Chemical NEP,’” Environmental Quality Management, Winter 2009.
With little fanfare, the United States Occupational Safety and Health Administration (OSHA) has rolled out its much anticipated “PSM Covered Chemical Facilities National Emphasis Program.” This one-year pilot program, launched in July 2009, focuses on facilities’ compliance with the OSHA Process Safety Management (PSM) standard,1 which aims to blunt the hazard of fires or explosions resulting from releases of “highly hazardous chemicals.” This “Washington Watch” column reviews the new pilot program and assesses the implications of the program for regulated facilities.
Lynn L. Bergeson, “FIFRA SAP Convenes First Nano Review,” NanoBusiness Alliance Newsletter, Issue 13, January 18, 2010.
On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met to consider for the first time scientific issues related to the assessment of potential hazard and exposure associated with nanosilver and other nanometal pesticide products. This column briefly summarizes the discussion, and speculates on the outcome.
Lynn L. Bergeson and Leslie Scott MacDougall, co-authors, “Turkey Enacts REACH-Like Chemical Program,” Chemical Regulation Reporter, January 18, 2010.
In December 2008, Turkey enacted the Inventory and Control of Chemicals Regulation, a scaled-down version of the European Union’s REACH regulation to establish an inventory of chemicals produced and imported into Turkey and to better control potential risks posed by those chemical substances. Adoption of the regulation is one of many steps Turkey is required to take to secure membership in the European Union. The authors of this article advise chemical manufacturers and importers to obtain as much information as possible on the regulation and its implementation and to stay abreast of forthcoming clarifications.
Lynn L. Bergeson, “Meet the GHG Rule,” Pollution Engineering, January 2010.
On October 30, 2009, EPA issued a final rule that requires reporting of greenhouse gas (GHG) emissions from all sectors of the economy. The final rule applies to fossil fuel suppliers and industrial gas suppliers, direct GHG emitters, and manufacturers of heavy-duty and off-road vehicles and engines. The rule requires only that “sources above certain threshold levels monitor and report emissions.” According to EPA’s fact sheet, the threshold for reporting is 25,000 metric tons or more of CO2 equivalent per year.
Lynn L. Bergeson, “EPA Takes Unprecedented Action,” Chemical Processing, January 2010.
The U.S. Environmental Protection Agency (EPA) on December 30, 2009, issued a breathtaking series of action plans on “Risk List” chemicals that will shape future legislative proposals which industry will need to participate in and monitor.
Lynn L. Bergeson, “Hazard Standards,” Manufacturing Today, Winter 2010.
The Occupational Safety and Health Administration (OSHA) proposed on Sept. 30, 2009, to align the Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The HCS requires chemical manufacturers and importers to evaluate chemical hazards and provide information to subsequent users. The standard now requires employers to establish a hazard communication program for employees who are exposed to chemicals in the workplace. Elements of the program include container labels, safety data sheets (SDS), and employee training.
Lynn L. Bergeson, “OSHA Revises Haz-Com Standard,” Pollution Engineering, December 2009.
On Sept. 30, 2009, the U.S. Occupational Safety and Health Administration (OSHA) proposed revisions to the Hazard Communication Standard (HCS) to align it with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS).
Lynn L. Bergeson, “Prepare to Report Climate Risks,” Chemical Processing, December 2009.
Publicly traded companies are required, under Securities and Exchange Commission (SEC) regulations, to disclose known and contingent material liabilities to ensure investors have reliable information on which to base their investment decisions. Increasingly, investor groups, nongovernment organizations (NGO), and others demand companies assess and disclose their financial risks from climate change. Following are recent developments advising that companies carefully consider how best to address their SEC climate change disclosure obligations.
Lynn L. Bergeson, “The Endocrine Disruptor Screening Program: Where Are We?,” Environmental Quarterly Management, Autumn 2009.
On April 15, 2009, the U.S. Environmental Protection Agency (EPA) issued its final list of chemicals in the first group of substances that will be screened under the Endocrine Disruptor Screening Program (EDSP). Development of this list caps a long, thoughtful, and arduous administrative process that spans over a decade. This “Washington Watch” column briefly reviews the development of the program, with emphasis on key elements of the current EDSP. The discussion also highlights the implications of the program for industry stakeholders.
Lynn L. Bergeson, “EPA Targets Electric Utilities,” Chemical Processing, November 2009.
Approximately 5.4 million cubic yards, or 1.1 billion gallons, of coal ash from the Tennessee Valley Authority (TVA) plant near Knoxville, Tenn., in December 2008 flooded some 300 acres of land, damaging property, polluting waterways, and killing fish. TVA will likely spend more than $500 million and perhaps as much as $1 billion dollars on the cleanup, says the U.S. Environmental Protection Agency (EPA). The TVA debacle was EPA’s wake-up call for potential hazards presented by coal ash staged in some 584 units at approximately 219 domestic electric utilities.
Lynn L. Bergeson, “FIFRA Scientific Advisory Panel Considers Nanosilver,” Environmental Law Reporter, December 2009.
On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met “to consider and review a set of scientific issues related to the assessment of hazard and exposure associated with nanosilver and other nanometal pesticide products.” The decision to convene an SAP was nominally motivated by the U.S. Environmental Protection Agency’s (EPA’s) need to consider four applications pending at the Office of Pesticide Programs (OPP) seeking registration of products containing nanosilver-based active ingredients.
Lynn L. Bergeson, “Legal Lookout: IRIS Redux,” Pollution Engineering, October 2009.
EPA announced on May 21, 2009, that it has reformed the Integrated Risk Information System (IRIS). According to the agency, the revisions are intended to “revitalize the program and ensure its scientific quality, integrity, transparency and timeliness.”
Lynn L. Bergeson, “EPA Launches Online Discussion,” Chemical Processing, October 2009
Ever read a U.S. Environmental Protection Agency (EPA) press release and say to yourself or others, “Gee, why is EPA pursuing that matter – there are a lot of other more important enforcement priorities?” Well, now is your chance to help shape EPA’s 2011- 2013 fiscal years enforcement priorities. EPA launched an online discussion forum on August 31 to receive input on future priorities for EPA’s National Enforcement Program.
Lynn L. Bergeson, “Washington: Marketing Green,” Manufacturing Today, September 2009.
The growth in green marketing is getting a lot of attention these days, especially from the Federal Trade Commission (FTC), the federal agency tasked with preventing unfair and deceptive trade practices. Mindful of potential false and misleading advertising, FTC has been revising its Guides for the Use of Environmental Marketing Claims, known as the “Green Guides.”
Lynn L. Bergeson, “Legal Lookout: EPA Grants California GHG Waiver Request,” Pollution Engineering, September 2009.
Oh what a difference a new administration makes! On June 30, 2009, EPA reversed its controversial Feb. 29, 2008, denial of California’s waiver request for its greenhouse gas (GHG) program for new motor vehicles. The reversal, as its predecessor denial decision, has broad national implications.
Lynn L. Bergeson, “Conquering Heroic Challenges: A Look at Hot Legal and Regulatory Issues You Need to Know,” NACD Chemical Distributor, September 2009
If the National Association of Chemical Distributors (NACD) had to select a song today that best reflects a typical member’s profile, it would have to be “It’s Not Easy To Be Me”. Challenged commercially by the credit crunch, escalating energy, labor, and raw material costs, squeezed by market pressures spawned by a badly damaged economy, and reeling from legal and regulatory challenges that are mushrooming exponentially, NACD members really do need red capes emblazoned with the unmistakable S of Superman (and Superwoman, of course) to survive, let alone flourish, in this harsh economic climate.
Lynn L. Bergeson, co-author, “Green Nanotechnology: Straddling Promise and Uncertainty,” Natural Resources & Environment, Fall 2009.
This article describes green nanotechnology and discusses the reasons why traditional chemicals-assessment and management approaches may not be adequate in all cases in the near term when applied to nanomaterials. It outlines the reasons why green nanotechnology may serve as an alternative approach to chemicals assessment when applied to nanomaterials and suggests some measures to advance the goals of green nanotechnology.
Lynn L. Bergeson, “2009 and Beyond: Outlook for Environmental Issues,” Environmental Quality Management, Summer 2009.
With a new Congress in town and a new administration in charge of the U.S. Environmental Protection Agency (US EPA), 2009 promises to be an exciting and eventful year. This “Washington Watch” column provides a summary outlook on possible directional trends and developments in the regulation of key environmental issues over the coming months and years.
Lynn L. Bergeson, “New on the Horizon: Nanotechnology,” The John Liner Review, Summer 2009.
Managing any business is tough. Managing a nanotechnology (nanotech) business is tougher than most. This article briefly discusses this new and rapidly expanding field of applied science, outlines key risk management issues that companies engaged in the manufacture of nanoscale materials and nanotechnology-enabled products confront, and reviews existing and proposed governance and risk management mechanisms intended to address potential nanotechnology risks.
Lynn L. Bergeson, “Safety Comes First for Nanotechnology,” Chemical Processing, July 2009.
Earlier this year, the International Council on Nanotechnology (ICON), Houston, launched the GoodNanoGuide, which is available at http://www.goodnanoguide.org/. To cater to all audiences, the guide provides basic, intermediate and advanced options to choose from to contribute to or search within the online forum. This innovative approach sets a new standard for creative, interactive, Internet-based product stewardship tools. This column explains why you may want to take a look at the GoodNanoGuide and consider the implications of this wonderful new stewardship tool.
Lynn L. Bergeson, “Legal Lookout: Settling on a Definition for DSW,” Pollution Engineering, July 2009.
EPA announced on May 5, 2009, the next steps on two hazardous waste rules issued under the Resource Conservation and Recovery Act (RCRA), both addressing the definition of solid waste (DSW). This column provides background on the shape of things to come.
Lynn L. Bergeson, “EPA Updates IRIS Process, Again,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 10, No. 4, June 2009.
The U.S. Environmental Protection Agency (EPA) announced on May 21, 2009, that it has reformed the Integrated Risk Information System (IRIS), again. According to EPA, the revisions are intended to “revitalize the program and ensure its scientific quality, integrity, transparency and timeliness.” In a May 21, 2009, memorandum, Administrator Jackson states that recent changes, including procedures formalized in an April 21, 2008, memorandum, “have reduced the transparency, timeliness, and scientific integrity of the IRIS process.”
Lynn L. Bergeson, Lisa M. Campbell, and Lisa R. Burchi, “Endocrine Disruptor Screening Program: Data Sharing, Compensation, Protection,” BNA Daily Environment Report, June 29, 2009.
The U.S. Environmental Protection Agency (EPA) issued three important Federal Register notices April 15, 2009, laying the foundation for the Endocrine Disruptor Screening Program (EDSP), EPA’s next major data development initiative. This article focuses on those aspects of EPA’sFederal Register notices concerning how EPA will address joint data development, cost sharing, data compensation, and data protection under the EDSP (EDSP Policy Notice).
Lynn L. Bergeson, “EPA Working on Test Rule for Multi-Wall Carbon Nanotubes/TSCA Section 8(a) Rule for Several Nanoscale Substances,” NanoBusiness Alliance Newsletter, Issue 8, June 18, 2009.
As you may know, twice each year the U.S. Environmental Protection Agency (EPA) publishes a detailed listing of all matters on which it is working. The document is referred to as the Semiannual Regulatory Agenda, and is published each spring and fall. The most recent spring issue was published on May 11, 2009.
Lynn L. Bergeson, “Anti-Terrorism Mandates Face Major Revision: Prospective legislation may put more emphasis on inherent safety,” Chemical Processing, June 2009.
Congress is currently focusing on a key piece of legislation to reauthorize the Chemical Facility Anti-Terrorism Standards (CFATS), set to expire on October 4. This may lead to measures that are more far reaching and have a more significant impact upon the chemical industry.
Lynn L. Bergeson, “Legal Lookout: Evaluating Chemicals: EPA Rolls Out Its Plan,” Pollution Engineering, June 2009.
On March 25, 2009, EPA announced the availability of a document entitled The U.S. Environmental Protection Agency’s Strategic Plan for Evaluating the Toxicity of Chemicals. According to the agency, the purpose of the plan is to serve as a blueprint for the agency in incorporating advances in molecular biology and computational sciences into toxicity testing and risk assessment practices across the agency. This is an important document as it sets forth the agency’s game plan for conducting chemical and risk assessments.
Lynn L. Bergeson, “EPA Responds to Coal Ash Release,” Pollution Engineering, May 2009.
Dec. 22, 2008, was a nightmare for federal and state regulators, electrical utilities, and most particularly the residents of Kingston, Tenn. On this day, approximately 5.4 million cubic yards (or 1.1 billion gallons) of coal ash from the Tennessee Valley Authority (TVA) plant collection pond near Knoxville flooded some 300 acres of land, damaging property, polluting waterways, and killing fish. This article describes the efforts the agency has initiated to prevent similar incidents.
Lynn L. Bergeson, “Vehicle Emissions May Prove Costly,” Chemical Processing, May 2009.
A proposed rule regarding greenhouse gases (GHG) impact on public health under Clean Air Act (CAA) Section 202(a) was issued April 24, by the U.S. Environmental Protection Agency (EPA). This is a significant proposal that could pave the way for more restrictions on GHG emissions from new motor vehicles. Any chemical producer, formulator, distributor, or other stakeholder could be subject to GHG emission limitations that, depending upon the legislative/regulatory vehicle, could incur costs for compliance.
Lynn L. Bergeson, “Lisa Jackson, What’s In Store?,” Pollution Engineering, April 2009.
A new administration means a new team with new ideas. What can our industry expect from all this newness?
Lynn L. Bergeson, “Program Targets Toxic ‘Hot Spots,’” Chemical Processing, April 2009.
An initiative intended to measure levels of air pollution near schools was announced on March 2 by the U.S. Environmental Protection Agency (EPA). The Schools Air Toxics Monitoring Initiative is being undertaken in partnership with state, local, and tribal governments and has implications manufacturing facilities need to know.
Lynn L. Bergeson, “What’s New in Nanotechnology Regulations,” Manufacturing Today, Spring 2009.
Over the last several months, there have been a number of significant nano regulatory developments. The U.S. Environmental Protection Agency (EPA) released on Jan. 12, 2009, its interim report on the Nanoscale Materials Stewardship Program (NMSP). On Jan. 22, 2009, the California Department of Toxic Substances Control (CDTSC) issued a data call-in for certain nanoscale substances.
Lynn L. Bergeson, “EPA Issues ANPRM on Defining Solid Waste,” Pollution Engineering, March 2009.
Secondary materials are defined, as is legitimate recycling and other important factors in the U.S. Environmental Protection Agency’s (EPA) latest proposed rule changes.
Lynn L. Bergeson, “Chemical Leasing is a Viable Option,” Chemical Processing, March 2009.
The United Nations Industrial Development Organization (UNIDO) on Feb. 12, released its annual report on chemical leasing (ChL). The report is available at http://www.chemicalleasing.com/docs/news/AnnualReport2008.pdf. For those of you unfamiliar with the concept, ChL as a commercial business model may enjoy greater application in the future as a tool to cut risk and waste. Experiences show that applying these new models reduces ineffective use and over-consumption of chemicals and helps companies to enhance their economic performance, says the ChL Web site.
Lynn L. Bergeson, “Chemicals Up for Discussion,” Pollution Engineering, February 2009.
The U.S. Environmental Protection Agency (EPA) offered up several big chemical intiatives for discussion in November.
Lynn L. Bergeson, “Court Strikes Down Key Emissions Exemption,” Chemical Processing, February 2009.
The U.S. Court of Appeals for the D.C. Circuit handed down an important and little-noticed decision late last year that impacts virtually all major air sources in the United States that are subject to the Clean Air Act (CAA) Section 112. In the decision, the court vacated an exemption from CAA rules that allowed refineries, chemical plants and other industrial facilities to exceed emissions standards for hazardous air pollutants (HAP) during startup, shutdown, and malfunctions (SSM) of equipment (Sierra Club v. EPA, D.C. Cir. No. 02-1135, December 19, 2008). Following is a summary of that decision and what it may mean for regulated entities.
Lynn L. Bergeson, “Redefining Solid Waste,” Pollution Engineering, January 2009.
The definition of solid waste has long been the subject of controversy. At the heart of the debate is what constitutes “discard,” versus legitimate recycle or reuse such that the Resource Conservation and Recovery Act (RCRA) regulation should not apply. This question has been especially vexing for secondary materials, including spent materials, listed sludges and listed byproducts.
Lynn L. Bergeson, “Legislators Set Agenda for Change,” Chemical Processing, January 2009.
Regulations are expected to target the chemical industry in 2009. The new Administration and Congress promise an eventful new year — It may result in significant changes in direction for regulation of chemicals by the U.S. Environmental Protection Agency (EPA). Here’s a look at possible trends.
Lynn L. Bergeson, “Initiatives to Watch,” Manufacturing Today, January 2009.
On Nov. 25, 2008, the U.S. Environmental Protection Agency (EPA) released for public comment two background discussion documents, one on EPA’s Toxic Substances Control Act (TSCA) Inventory Reset initiative and the other on EPA’s proposed approach for the Inorganic High Production Volume (IHPV) Challenge Program. Both initiatives are important, and readers are urged to monitor these programs carefully as they evolve, for many reasons.
Lynn L. Bergeson, “The Explosion of Green Marketing Claims: FTC Jumps into the Fray,” Environmental Quality Management, Winter 2008.
This “Washington Watch” column briefly reviews the TerraChoice report, and then discusses some of the legal issues surrounding the growing avalanche of green marketing claims, including Federal Trade Commision’s Green Guides and the Commission’s efforts to revise them.
Lynn L. Bergeson, “Chemical Regulation: Preparing to Address the Challenges Ahead,” Environmental Law Reporter, January 2009.
The environment has enjoyed unprecedented attention as a presidential campaign issue. While climate change, energy, and resource issues dominate, chemical regulation reform is plainly a topic gathering steam. As we approach a new year, a new Administration, and a new Congress, there is much to consider. Issues pertinent to chemical management are complicated, the rhetoric is strident, and areas on which stakeholders agree appear to be few and far between. This Article offers a few thoughts on how best to prepare for effective chemical regulation reform.
Lynn L. Bergeson, “EPA Finally Amends Definition of Solid Waste,” Chemical Processing, November 2008.
The long-awaited final rule amending the definition of solid waste under the Resource Conservation and Recovery Act (RCRA) was signed by the U.S. Environmental Protection Agency (EPA) on Oct. 7. Because materials considered “hazardous waste” under RCRA are a subset of materials deemed “solid waste,” this rule is critically important to the chemical industry.
Lynn L. Bergeson, “EPA Seeks Big Help with Nanomaterials Data,” Chemical Processing, October 2008.
The nominal deadline to submit basic information on nanoscale materials under the Nanoscale Materials Stewardship Program (NMSP) of the U.S. Environmental Protection Agency (EPA) was July 28. While the deadline has passed, EPA is encouraging entities to submit information on an ongoing basis. The program objectives and how EPA will use the information to assess additional regulatory steps applicable to nanoscale materials deserve some attention.
Lynn L. Bergeson, “EPA Proposes HPV Test Rule for Chemicals,” Manufacturing Today, Summer 2008.
In July, the U.S. Environmental Protection Agency (EPA) published a proposed test rule under Section 4(a)(1)(B) of the Toxic Substances Control Act (TSCA) that would require manufacturers, importers and processors of certain high-production volume (HPV) chemicals to conduct testing. That EPA is renewing its focus on chemical testing, and use of its authority under TSCA Section 4 is noteworthy for the majority of the manufacturing industry.
Lynn L. Bergeson, “EPA Offers Compliance Incentives,” Chemical Processing, September 2008.
The U.S. Environmental Protection Agency’s (EPA) recently published “Interim Approach to Applying the Audit Policy to New Owners” (Interim Approach, 73 Fed. Reg. 44991, August 1), which describes how it will apply its April 11, 2000 policy on “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations.” Known as the Audit Policy to new owners of regulated facilities, it’s designed to enhance the protection of human health and the environment by encouraging regulated entities to voluntarily discover, promptly disclose, correct and prevent the recurring violations of federal environmental law.
Lynn L. Bergeson and Michael F. Cole, “Food and Drug Administration’s Regulation of Nanotechnology,” Daily Environment Report, Sep. 22, 2008.
The Food and Drug Administration is considering further implementation of the recommendations made by its Nanotechnology Task Force in July 2007. The authors of this article note that nanotechnology will be a fact of life for FDA-regulated products for years to come. They say nanotechnology is an important issue, but only one among many that FDA must address, and FDA’s limited resources must be allocated sensibly. The authors suggest FDA build on existing databases and correlate the information from submissions required for certain products. When the facts clearly warrant it, the authors recommend FDA issue guidance documents that set forth the issues to address in making filing determinations, but the need for such filings should follow the established, existing framework unless and until that framework is proven inadequate.
Lynn L. Bergeson, “Workplace Safety is a Shared Responsibility,” Chemical Processing, August 2008.
Workplace safety is very much a responsibility shared by employer and employee alike. Environment, health, and safety (EHS) professionals are well aware of federal “standards” issued by the Occupational Safety and Health Administration (OSHA), compliance with which goes a long way to assure workplace safety. An equally important legal standard all EHS professionals must be aware of is the “general duty clause” under Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act). The general duty clause and its requirements present ramifications for the chemicals industry.
Lynn L. Bergeson, “Court Sides with EPA on MACT,” Pollution Engineering, August 2008.
On June 6, 2008, the U.S. Court of Appeals for the District of Columbia denied the Natural Resources Defense Council’s (NRDC) petition for review of the U.S. Environmental Protection Agency’s (EPA) 2006 national emissions standards for hazardous air pollutants (NESHAP) for the synthetic organic chemical manufacturing industry (SOCMI).
Lynn L. Bergeson, “New Bills Target Chemicals,” Chemical Processing, July 2008.
As an influx of Democrats is expected in the new Congress, it surprises no one that Sen. Frank Lautenberg (D-N.J.) recently introduced a bill that would amend the Toxic Substances Control Act (TSCA) by adding a new Title V to reduce the exposure of children, workers, and consumers to “toxic chemical substances.” U.S. Rep. Hilda Solis (D-Calif.) introduced the same legislation, H.R. 6100, in the House of Representatives. The legislation has been referred to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce. The bills would establish a national goal of by 2020 eliminating the exposure of all children, workers, consumers and sensitive subgroups to harmful chemicals distributed in commerce. If enacted, the bills could dramatically impact chemical manufacturing and processing.
Lynn L. Bergeson, “North American ChAMP Revealed,” Pollution Engineering, June 2008.
In March, EPA announced that it intends to fulfill its Montebello commitments through the Chemical Assessment and Management Program (ChAMP).
Lynn L. Bergeson, “The New Business of Nanotechnology: Exploring Commercial Opportunities and Risks,” Environmental Claims Journal, April 2008.
There is an Alice-in-Wonderland awe associated with nanotechnology. While the technology is both exciting and hopeful for many good reasons, for businesses, and the lawyers who counsel them, the lack of certainty in areas involving potential risk is unsettling. The U.S. Environmental Protection Agency (EPA) is only now beginning to think through how best to apply the authority it has under the traditional environmental statutes, and to adopt regulatory programs and policies to address the potential risks and regulatory challenges nanotechnology invites. While research is progressing briskly on key hazard and exposure nanotechnology issues, much remains to be done leaving commercial applications of nanotechnology in new, unsettled waters. This article identifies some of these challenges and the non-conventional, innovative ways that lawyers, business managers, risk assessors, and others must embrace to manage risk and avoid liability effectively.
Lynn L. Bergeson, “Avoiding the Costs of Non-Compliance,” Manufacturing Today, March/April 2008.
Many manufacturers are focused on reducing costs and increasing sales. Typically, regulatory issues do neither. In fact, many believe that environmental, health and safety (EHS) issues come right out of the bottom line and do little to improve profit margins and generate revenue. This is incorrect.
Lynn L. Bergeson, “FTC Reviews Environmental Marketing Guides,” Pollution Engineering, April 2008.
Green sells, but discerning between true environmentalism and an eco-feint for the sake of marketing is not as easy as it seems. This fact has not been lost on the Federal Trade Commission (FTC), which has updated its guide on claiming how to proclaim greenness.
Lynn L. Bergeson, “This Issue Carries Big Stakes,” Chemical Processing, April 2008.
California’s denied greenhouse gas waiver has ripple effect across nation.
Lynn L. Bergeson, “Concern Grows Over Products Containing Lead,” Chemical Processing, March 2008.
EPA rule requires chemical manufacturers, processors to submit lists.
Lynn L. Bergeson, “Chemical Management, North American Style,” Environmental Quality Management, Spring 2008.
This “Washington Watch” column discusses the Montebello Agreement, noting its origin in the Security and Prosperity Partnership of North America and explaining its potential implications for the future. The discussion also provides context on other chemical management schemes — particularly REACH.
Lynn L. Bergeson, “2008 Outlook for Chemicals and Pesticides,” Pollution Engineering, March 2008.
With this being an election year, little legislation is expected to be considered during 2008 on the environmental front. Endocrine disruptors, however, will be a main subject of review in 2008. The U.S. Environmental Protection Agency (EPA) seeks to impose the initial screening test requirements on a number of pesticides before the end of this year. Any test results will then be considered by the next administration, but even before that, the selection or removal from the list of pesticides to be tested may itself become controversial.
Lynn L. Bergeson, “Act Before There’s Not a Drop to Drink,” Chemical Processing, February 2008.
Ground water protection is the responsibility of everyone including the chemical industry. An energetic group of state and federal ground water agencies, industry, environmentalists and other stakeholders, however, has made it a key area of their focus. The Ground Water Protection Council (GWPC) is a nonprofit Section 501(c)(6) organization dedicated to promoting and ensuring the use of best management practices and “fair but effective” laws regarding comprehensive groundwater protection.
Lynn L. Bergeson, “The Semiannual Regulatory Agenda: A Useful Document,” Pollution Engineering, February 2008.
EPA’s Semiannual Regulatory Agenda is an excellent source of information on environmental regulatory and policy developments. As its names suggests, this document is issued twice a year, once in the spring and again around mid-December. It is chock full of information on EPA regulations and major policy initiatives that are under development, reviews of existing regulations, and major policy makings completed and/or cancelled since the previous agenda. For any environmental professional, the Regulatory Agenda, as it has come to be called, is indispensable.
Lynn L. Bergeson, “Get the Lead Out,” Chemical Processing, January 2008.
By any independent standard, the federal government has made significant progress in reducing lead concentrations in ambient air. Average lead concentrations have dropped 96% since the 1980s, primarily due to the ban on lead in motor vehicle gasoline. Since the late 1970s, bloodlead concentrations for children ages 1 to 5 have decreased dramatically, from about 15 micrograms per deciliter to less than 2. The success has been so dramatic, the U.S. Environmental Protection Agency (EPA) is now considering whether to maintain, revise, or eliminate current lead National Ambient Air Quality Standards (NAAQS). EPA, in late December, issued an advance notice of proposed rulemaking (ANPR) and invited comment on all issues. This is the chemical industry’s opportunity to provide input.
Lynn L. Bergeson, “REACHing the Montebello Agreement,” Pollution Engineering, January 2008.
In August, EPA, Canada and Mexico announced in Montebello, Quebec, new efforts to ensure the safe manufacture and use of industrial chemicals by entering into a regional partnership for assessing and managing potential chemical risks. As part of what is now referred to as the “Montebello Agreement” made at the Security and Prosperity Partnership (SPP) of North America Leaders’ Summit, these countries agreed to coordinate efforts to assess approximately 9,000 industrial chemicals that are produced or imported in volumes above 25,000 pounds per year.
Lynn L. Bergeson, “Product Stewardship Grows Globally,” Chemical Processing, December 2007.
Product stewardship can be expressed in many ways, and there’s no single best definition. According to the U. S. Environmental Protection Agency (EPA), “[p]roduct stewardship is a product-centered approach to environmental protection. Also known as extended product responsibility (EPR), product stewardship calls on those in the product life cycle — manufacturers, retailers, users and disposers — to share responsibility for reducing the environmental impacts of products (www.epa.gov/epaoswer/non-hw/reduce/epr/about/index.htm).”
Lynn L. Bergeson, “Good Governance: Evolution of the Nanoscale Materials Stewardship Program,” Nanotechnology Law & Business, Winter 2007.
Governance issues are seldom the subject of wide consensus, and the question of how best the U.S. Environmental Protection Agency (EPA) should obtain needed information and data on the human health and environmental implications of nanoscale materials is no exception. EPA has considered the issue carefully and believes, with good reason, that a voluntary approach makes the most sense at this time. Not everyone agrees, however, and some urge EPA to exercise its statutory authority under the Toxic Substances Control Act (TSCA) to mandate the submission of information and data, and to do so quickly. This article discusses the origins and current status of EPA’s voluntary Nanoscale Materials Stewardship Program (NMSP), outlines the key issues EPA confronted in developing the Program, and discusses the reasons why it is critically important for nanotechnology stakeholders to participate in the Program early and robustly. While stakeholders may not agree on what is the best way for EPA to obtain information on nanoscale materials, there is broad consensus that NMSP participation is critically important to maintain the public trust and confidence in this emerging technology, to provide EPA with needed information and data, and to demonstrate that potentially more burdensome rulemaking initiatives are not needed to achieve these goals.
Lynn L. Bergeson, co-author, “TSCA and Engineered Nanoscale Substances,” Sustainable Development Law and Policy, Fall 2007.
Nanotechnology is now the subject of much excitement and attention, with applications proliferating quickly. Thus, engineered nanoscale materials’ (“ENM”) implications for human health and the environment, and the critical need for governments throughout the world to get the policy and regulatory framework right has garnered much attention. Most would agree that the ultimate goal for society is to enable nanotechnology to realize its potential while effectively addressing the pertinent environment, health, and safety (“EHS”) issues associated with ENM.
Lynn L. Bergeson, “EPA Clarifies Position on Ion-Generating Equipment,” Chemical Processing, November 2007.
Lynn L. Bergeson and Steven Green, co-authors, “REACH and Pesticides: What U.S. Exporters May Not Realize,” Daily Environment Report, Nov. 7, 2007.
Pesticide manufacturers and formulators may believe (blissfully so) that the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation is someone else’s headache. After all, it applies to industrial chemicals, not pesticides. Think again. Inert ingredients included in pesticide formulations are subject to REACH, as are nonpesticidal uses of active ingredients. This article discusses these aspects of REACH and outlines what pesticide formulators and others need to know about the new regulation.
Lynn L. Bergeson, “The EPA’s Toxic Substances Control Act: What you must know,” Environmental
Expert Newsletter, November 2007.
Does the nanoscale substance you are producing or using require approval under the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA)? It does if it’s new. But what exactly is “new?”
Lynn L. Bergeson, “Chemical Facility Anti-Terrorism Standards: Chemicals of Interest,” Environmental
Quality Management, Autumn 2007.
In the last issue of Environmental Quality Management, this column discussed the April 2, 2007, U.S. Department of Homeland Security (DHS) interim final rule on anti-terrorism standards for chemical facilities. On the same day the interim final rule was issued, DHS also issued (and requested comment on) a list of 344 “chemicals of interest,” included in Appendix A to the rule. This “Washington Watch” briefly reviews key issues associated with the chemicals of interest, as well as the comments received on the proposed chemical list, and the Department’s likely next steps in this regard.
Lynn L. Bergeson, “The EPA’s Toxic Substances Control Act: What You Must Know,” Small Times Magazine, September/October 2007.
Does the nanoscale substance you are producing or using require approval under the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA)? It does if it’s new. But what exactly is “new?”
Lynn L. Bergeson, “EPA Identifies Endocrine Disruptor Chemicals,” Pollution Engineering, September 2007.
On June 18, 2007, EPA issued its long-awaited draft list of chemicals selected for so-called “Tier 1” screening under the Endocrine Disruptor Screening Program (EDSP). EPA repeatedly emphasized in the notice, as well as in other statements it prepared relating to the notice, that the list should not be construed as a list of known or likely endocrine disruptors. The final list of chemicals will be issued after the comment period closes and the agency reconsiders the list of 73 chemicals.
Lynn L. Bergeson, “TSCA Inventory Status of Nanoscale Substances a Must-Read for Materials Developers,” Small Times Magazine, August 10, 2007.
The EPA’s recently released paper, TSCA Inventory Status of Nanoscale Substances — General Approach, is important for developers of nanotechnologies. Nanomaterials that meet the Toxic Substances Control Act (TSCA) definition of “chemical substance” are subject to TSCA reporting requirements because they may exhibit properties different from the same substances in the bulk scale. A chemical substance means, in relevant part, “any organic or inorganic substance of a particular molecular identity.”
Lynn L. Bergeson, “EPA Issues Draft NMSP Concept Paper and TSCA Inventory Paper,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 8, No. 3, August 2007.
On July 12, 2007, the U.S. Environmental Protection Agency (EPA) published in the Federal Register three separate notices related to the long-awaited Nanoscale Materials Stewardship Program (NMSP) under the Toxic Substances Control Act (TSCA). All of the notices and accompanying documents are available at http://www.epa.gov/opptintr/nano/nmspfr.htm.
Lynn L. Bergeson, “Nanotechnology, Boom or Bust,” Pollution Engineering, August 2007.
A well-known consumer organization now believes that the government should provide more funds for risk research and regulation of nanotechnology, and should require manufacturers to report health problems linked with nano-ingredients.
Lynn L. Bergeson, “Redefining Solid Waste — Again,” Pollution Engineering, July 2007.
On March 26, 2007, EPA announced the issuance of a sweeping proposal to modify the RCRA definition of solid waste. The proposal seeks to streamline regulation of hazardous secondary materials, and revise the definition of solid waste to exclude certain secondary materials from RCRA regulation to promote the legitimate recycling of these materials. The proposed rule is available at http://www.epa.gov/fedrgstr/EPA-WASTE/2007/March/Day-26/f5159.pdf, and comments were due on or before May 25, 2007.
Lynn L. Bergeson, “State and Local Governments Step Into Toxics Regulation,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 8, No. 2, June 2007.
According to the Center for International Environmental Law (CIEL), federal inaction on chemicals management and regulation has spurred state and even local government entities to step into toxics regulation. CIEL issued a position paper last May, Cloudy Skies, Chance of Sun: A Forecast for U.S. Reform of Chemicals Policy, predicting exactly this result. CIEL points to the fact that at least six states that have enacted legislation or issued some other state initiative to restrict certain polybrominated flame retardants. As discussed below, several recent initiatives tend to support the view that state and local governments are more willing now than previously to consider legislation on and issue regulations pertinent to chemical substances.
Lynn L. Bergeson, “Chemical Facility Anti-Terrorism Standards: The Final Rule is Out, but the Debate Continues,” Environmental Quality Management, Summer 2007.
On April 2, 2007, the U.S. Department of Homeland Security (DHS) issued its much-awaited interim final rule on anti-terrorism standards for chemical facilities. The rule was published a week later in the Federal Register. The interim final rule is quite similar to the proposed rule that DHS published under an Advance Notice of Proposed Rulemaking in December 2006. The interim final rule does manage to address several of the more controversial issues generated by the December proposal. As is usually the case, however, not everyone is happy with the outcome. This column briefly reviews the legislative mandate authorizing the rule, summarizes the interim final regulation, and outlines the key issues that continue to inspire debate on the hot topic of chemical plant security.
Lynn L. Bergeson, “‘Innocent Report Shows How Regs Vary Around the World,” Manufacturing Today, May/June 2007.
Lynn L. Bergeson, “EPA Speeds Alternative Method Approvals,” Pollution Engineering, June 2007.
As anyone in the water business will tell you, standard analytical methods are critically important. On April 10, 2007, the EPA announced its intent to implement an expedited process for approving alternative analytical testing methods under various federal water programs.
Lynn L. Bergeson, “EPA Issues Proposed Revisions to Definition of Solid Waste,” Environmental Expert Newsletter, June 2007.
The definition of “solid waste” under the federal Resource Conservation and Recovery Act (RCRA) is unquestionably one of the most difficult environmental concepts to get one’s head around. Even after 27 years, the U.S. Environmental Protection Agency (EPA) is still tinkering with revisions to the definition to better define the types of recycling activities that fall within the scope of the definition, and those that fall outside of its scope. In March, EPA announced issuance of a sweeping and long-awaited proposal to modify the RCRA definition of solid waste. The proposal seeks to streamline regulation of so-called hazardous “secondary” materials, and revise the all-important definition of solid waste to exclude certain secondary materials, such as solvents, metals and certain other chemicals, from RCRA regulation to promote the legitimate recycling of such materials.
Lynn L. Bergeson, “EPA Issues Metals Risk Assessment Framework,” Pollution Engineering, May 2007.
Businesses have long believed that assessing potential risks from metal and inorganic chemical exposures are qualitatively and quantitatively different from assessing potential risks from organic chemical substances. On March 8, EPA capped off an intensive effort that fundamentally recognized these differences in announcing the availability of its final Framework for Metals Risk Assessment. The framework is available at http://www.epa.gov/osa/metalsframework/pdfs/metals-risk-assessment-final-3-8-07.pdf.
Lynn L. Bergeson, “EPA Issues Proposed Revisions to Definition of Solid Waste,” Manufacturing Today, March/April 2007.
The definition of “solid waste” under the federal Resource Conservation and Recovery Act (RCRA) is unquestionably one of the most difficult environmental concepts to get one’s head around. Even after 27 years, the U.S. Environmental Protection Agency (EPA) is still tinkering with revisions to the definition to better define the types of recycling activities that fall within the scope of the definition, and those that fall outside of its scope. In March, EPA announced issuance of a sweeping and long-awaited proposal to modify the RCRA definition of solid waste. The proposal seeks to streamline regulation of so-called hazardous “secondary” materials, and revise the all-important definition of solid waste to exclude certain secondary materials, such as solvents, metals and certain other chemicals, from RCRA regulation to promote the legitimate recycling of such materials.
Lynn L. Bergeson, “Executive Order Supports Alternative Fuel Use,” Pollution Engineering, April 2007.
On January 24, 2007, President Bush signed Executive Order (EO) 13423, Strengthening Federal Environmental, Energy and Transportation Management, which mandates that federal agencies reduce oil consumption, use more alternative fuels and curb greenhouse gas emissions. In his 2007 State of the Union address, Bush announced plans to reduce U.S. gasoline usage by 20 percent in 10 years. The EO also renews the administration’s commitment to environmentally friendly procurement practices.
Lynn L. Bergeson, “Changing the Guard: Implications of the Democratic Midterm Election Win on Environment, Energy, and Resources Legislation,” Environmental Quality Management, Spring 2007.
The November 2006 mid-term elections portend a number of significant Congressional changes. There is no doubt that Democratic leadership in both the House and Senate will shake things up. Some in the business community are buckling their seat belts and preparing for a bumpy ride. Here are a few thoughts on the shape of things to come.
Lynn L. Bergeson, panel expert, “Emerging Environmental Risk: A Global View,” Risk Talk: Environmental Risk, Vol. 1, Issue 2.
This edition of Risk Talk focuses on emerging environmental risks from a global perspective. From local pollution problems to global warming, companies face a wide variety of environmental risks. The increasingly global economy requires that companies adopt a comprehensive environmental risk management strategy. Properly executed, such a strategy can give a company a competitive advantage.
Lynn L. Bergeson and Joseph E. Plamondon, “TSCA and Engineered Nanoscale Substances,” Nanotechnology Law & Business, March 2007.
The federal law that regulates new and existing chemical substances, including engineered nanoscale chemical substances, is the Toxic Substances Control Act (TSCA). While there is much debate over how the U.S. Environmental Protection Agency (EPA) should deploy its significant TSCA authority to address potential risks to human health and the environment posed by engineered nanoscale materials, there is no doubt that EPA is already doing so. This article provides a general overview of TSCA as it relates to new and existing chemical substances, and discusses how EPA may go about discharging its significant TSCA authority with respect to engineered nanoscale substances.
Lynn L. Bergeson, “EPA Issues Final SPCC Plan Amendments,” Pollution Engineering, March 2007.
Last December, EPA issued final amendments to the Spill Prevention, Control and Countermeasure (SPCC) plan requirements. The final rule included new provisions outlining requirements for various classes of oil, revised the applicability of the regulation, and amended requirements for completing the plans, among other modifications. EPA plans to add further adjustments in 2007.
Lynn L. Bergeson, “‘REACH’ Has Arrived: U.S. Manufacturers Need To Be Ready,” Manufacturing Today, January/February 2007.
Lynn L. Bergeson, “EPA’s ‘Tips’ Website Is a Hit,” Pollution Engineering, February 2007.
When the Senate Environment and Public Works Committee confirmed Granta Nakayama as Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance (OECA), it was unclear what his agenda might include. Few predicted, then, that EPA’s top enforcement official would reinvigorate the EPA tip website as a means for prompting
compliance.
Lynn L. Bergeson, “GHS: Federal Agencies Step Up Efforts,” Pollution Engineering, January 2007.
Now that the United Nations has adopted the Global Harmonization System of Classification and Labeling of Chemicals (GHS), there is an international goal for as many countries as possible to implement GHS by 2008. GHS is an important global system of hazard classification, communication and labeling which, if implemented, is expected to bring much needed consistency and harmony to the workplace. Domestically, federal agencies are stepping up efforts to get with the program.
Lynn L. Bergeson, “EPA Advances Voluntary Nanoscale Materials Stewardship Program,” ABA Pesticides, Chemical
Regulation, and Right-to-Know Committee Newsletter, Vol. 8, No. 1, January 2007. Over the past several months, the U.S. Environmental Protection Agency (EPA) has made significant progress advancing its Nanoscale Materials Stewardship Program (NMSP).
Lynn L. Bergeson, “The Chemical Safety and Hazard Investigation Board: Thinking Strategically in Investigating (and Preventing) Chemical Accidents,” Environmental
Quality Management, Winter 2006.
Chemical accidents are always unwanted, and almost always the subject of considerable media attention and public scrutiny. Investigating the causes of chemical accidents is not an easy task, nor is the job of communicating the results of such investigations. Given the significant importance of the mission and day-to-day work of the U.S. Chemical Safety and Hazard Investigation Board (the “CSB” or “Board”), whose job is to investigate and prevent accidents, the release in August of its draft strategic plan for fiscal years 2007-20121 received remarkably little fanfare. This “Washington Watch” column provides some background on the CSB, and outlines key elements of its draft strategic plan.
Lynn L. Bergeson, “The Globalization of Product Stewardship Is Under Way,” Manufacturing Today, November/December 2006.
Product stewardship is critically important these days as international stewardship initiatives and directives involving specific products — typically consumer products — are sprouting up everywhere. In Europe, for example, several directives are likely to greatly influence global product stewardship. Environmental regulation historically has been expressed through command-and-control mechanisms of governance.
Lynn L. Bergeson, “Get Answers to Your Biomonitoring Questions,” Chemical Processing, November 2006.
Guidance for chemical manufacturers, processors, and distributors about Section 8(e) of the Toxic Substances control act was issued on September 14, 2006, by the U.S. Environmental Protection Agency (EPA). The guidance is available in new Q&As at http://www.epa.gov/oppt/tsca8e/pubs/qatsca.htm.
Lynn L. Bergeson, “Getting to Harmonization,” Pollution Engineering, November 2006.
On September 12, 2006, the Occupational Safety and Health Administration (OSHA) issued an advance notice of proposed rulemaking (ANPR) for the implementation of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The agency also made available a Guide to the Globally Harmonized System of Classification and Labeling of Chemicals. On October 18, 2006, the U.S. Environmental Protection Agency (EPA) convened a public meeting to discuss the GHS and pesticide labeling issues.
Lynn L. Bergeson, “Expect Tighter Particulate Matter Standards,” Chemical , October 2006.
Particulate matter (PM) is a hot button issue poised to raise business costs and litigation. The U.S. Environmental Protection Agency (EPA) was recently due to issue final PM standard revisions. EPA last year proposed stronger National Ambient Air Quality Standards (NAAQSs) for fine PM (2.5 micrometers or less in diameter (PM2.5)) and the 24-hour PM2.5 standard. However, EPA sought to keep annual PM2.5 NAAQS of 15 μg/m3. EPA’s proposal was inconsistent with a Clean Air Scientific Advisory Committee (CASAC) recommendation to reduce standards to a 13 to 14 μg/m3 range. How EPA decides to proceed and which standards it selects are closely watched topics.
Lynn L. Bergeson, “EPA Meets FQPA Deadline,” Pollution Engineering, October 2006.
August 3, 2006, marked the end of the 10-year deadline EPA was given under the 1996 Food Quality Protection Act (FQPA) to complete a review and reassessment of all tolerances (maximum permitted residues) for all food use pesticides. The agency claims to have completed over 99 percent of the reassessments. Despite its important implications for domestic food safety, the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended by FQPA a decade ago, remains one of the least understood federal environmental statutes. EPA is responsible for regulating the sale and use of pesticides, and the allowable levels in and on food. Their authority is set forth in FIFRA and the Federal Food, Drug and Cosmetic Act (FFDCA), both of which were amended by FQPA. FIFRA provides the overall framework for EPA’s regulation of pesticides. The FFDCA governs the establishment of pesticide tolerances for food and feed products.
Lynn L. Bergeson, “ABA SEER’S Review of Existing Laws and Nanotechnology,” Gradient Corporation EH&S Nano News, October 2006.
The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) offered to brief representatives of the US Environmental Protection Agency’s (EPA) Office of General Counsel on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. SEER prepared briefing documents on each statute, and a separate briefing document on innovative governance mechanisms. Each document identifies the legal and regulatory issues EPA will likely encounter as it considers how best to address issues arising in connection with nanotechnology. All seven briefing documents, which are solely the product of SEER and do not purport to represent the opinions of EPA, are available at http://www.abanet.org/environ.
Lynn L. Bergeson, “Environmental Accountability: Keeping Pace with the Evolving Role of Responsible Environmental Corporate Stewardship,” Environmental Quality Management, Autumn 2006.
This “Washington Watch” column outlines the concept of environmental accountability, provides a summary overview of the many mechanisms that are included within this broad topic, and discusses the role that environmental accountability plays in influencing corporate business standards pertinent to environmental performance. As government resources earmarked for more traditional environmental enforcement and compliance-assistance initiatives continue to dwindle, environmental accountability will increasingly serve as a key driving force to compel higher standards of corporate environmental accountability.
Lynn L. Bergeson, “RoHS, WEEE and Related EU Directives,” Pollution Engineering, September 2006.
Product stewardship is becoming increasingly important as international regulatory requirements involving product lifecycles become more prevalent. In Europe, several directives are likely to influence global product stewardship.
Lynn L. Bergeson and Michael F. Cole, “NanoBioConvergence — Emerging Diagnostic and Therapeutic Applications,” Bioprocessing & Biopartnering 2006: Featuring NanoBiotechnology, 2006.
Many people regard nanotechnology as a “stand-alone” technology. While the technology itself is of great interest, the
most intriguing aspect of nanotechnology is that it is increasingly being utilised as an integral part of a more complicated convergence matrix. The intersection of nanotechnology, biotechnology, information technology, and cognitive science, otherwise referred to as ‘NBIC convergence’, is leading to the development of nanobiotechnology products that promise to change radically the provision of healthcare in the decades ahead.
Lynn L. Bergeson, “EPA Expands Mercury Reduction Program,” Pollution Engineering, August 2006.
Mercury is a naturally occurring metal found in the Earth’s crust. At high doses, mercury is known to cause adverse human health effects. Over the past several years, the U.S. Environmental Protection Agency (EPA) has focused on mercury exposures because of its potential to cause adverse human health and environmental effects, and because of its persistence and widespread distribution in the environment.
Lynn L. Bergeson, “Views from the Chair: The Section’s Contributions to Nanotechnology,” Trends: ABA Section of Environment, Energy, and Resources Newsletter, July/August 2006.
Lynn L. Bergeson, “Nanotechnologies and FIFRA,” ChemADVISORY, July 2006.
This column explores applications of nanotechnologies in the agricultural sector, and a few of the issues the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) is now considering regarding nanotechnologies and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Lynn L. Bergeson, “Small Sensors Promise Big Impact,” Chemical Processing, July 2006.
In the past year, there has been an appreciable upswing in new products developed and commercialized pertinent to “intelligent” water monitoring tools and devices involving nanotechnology. Because many environmental applications of nanotechnology will almost certainly revolutionize the science, law, and regulation of water pollution, readers are urged to keep abreast of this fast-changing area.
Lynn L. Bergeson, “Key Environmental Issues: Views from Inside the Beltway and Beyond,” Environmental Quality Management, Summer 2006.
With the mid-term elections fast approaching, the Bush Administration is probably feeling a bit unsettled about its ability to defend its record on environmental accomplishments. The Bush Administration’s record on environmental accomplishments is, according to most environmental groups, weak if not downright bad. This column identifies several key environmental issues that may elicit potential voter response.
Lynn L. Bergeson, “The Coming of Low-Sulfur Diesel Fuels,” Pollution Engineering, July 2006.
In May 2006, the U.S. Environmental Protection Agency (EPA) published new rules expanding upon its earlier suite of rules requiring the reduction of sulfur content in diesel fuels. This column reviews generally the diesel rules, and provides an overview of the opportunities they present.
Lynn L. Bergeson, “National Partnership for Environmental Priorities: Rewarding Waste Minimization,” Pollution Engineering, June 2006.
The U.S. Environmental Protection Agency (EPA) seeks to reward efforts to reduce waste generation and emissions of chemicals that it believes are harmful. Its general strategy is to bestow public recognition and other rewards upon companies and other entities that choose to partner with it in a varied and growing number of partnership opportunities. This column describes one such partnership program, the National Partnership for Environmental Priorities (NPEP). This program is intended to recognize and publicly honor companies that choose to retool their operations to diminish the use or release of 31 priority chemicals.
Lynn L. Bergeson and Michael F. Cole, “FDA Regulation of Food Packaging Produced Using Nanotechnology,” Food Safety Magazine, April/May 2006.
Food packaging materials must comply with the provisions of the Federal Food, Drug, and Cosmetic Act (FFDCA). Nanopackaging for the most part involves the use of materials that are not intended to have any effect on the food in the package, but may contact the food if the material migrates from the packaging. Such materials are regulated as indirect food additives or food contact substances. There are precedents that permit the marketing of indirect food additives without the need for clearance, and there is a regulatory process in place to review additives that require approval. The critical question in the food packaging area, as in every regulated industry, is whether existing precedents and process will be sufficient to address any issues that arise as the application of nanotechnology matures.
Lynn L. Bergeson, “Tapping into EPA Innovations,” Pollution Engineering, May 2006.
The U.S. Environmental Protection Agency (EPA) employs some of the most innovative scientists in the world. The federal government takes an interest in marketing the inventions that these world-class scientists develop while employed by the federal government. A 1986 amendment to the Federal Technology Transfer Act (FTTA) directed federal government agencies to allow inventors to patent inventions if agencies elected not to do so. EPA’s TechMatch is a new patent website available at http://www.epatechmatch.com. The public has access to view and search EPA patents to facilitate partnership opportunities between non-federal entities and EPA laboratories.
Lynn L. Bergeson, “Develop an Air-Tight Defense,” Chemical Processing, April 2006.
Plants are challenged now more than ever to control fugitive emissions. The emissions escape from valves, compressors, pumps, piping components, etc. Controlling them is often not easy, but failure to do so can lead to penalties and other liability. This column focuses on the challenges chemical processors face, but in many respects the pressure to control fugitive emissions are just as acute in other manufacturing sectors.
Lynn L. Bergeson, “EPA Proposes Tighter PM Standards,” Pollution Engineering, April 2006.
The U.S. Environmental Protection Agency (EPA) has been busy addressing particulate matter (PM), a mixture of very fine particles and/or liquid droplets to which exposure is, according to the agency, directly linked to health problems. In January, EPA proposed revisions to the primary and secondary national ambient air quality standards (NAAQS) for PM. On February 3, 2006, EPA issued an advance notice of proposed rulemaking (ANPR) for implementation of the NAAQS for PM.
Lynn L. Bergeson, “Nanotechnologies and FIFRA,” Gradient Corporation EH&S Nano News, April 2006.
This column explores applications of nanotechnologies in the agricultural sector, and a few of the issues the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) is now considering regarding nanotechnologies and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Lynn L. Bergeson, “Nanoscale Materials and TSCA: EPA’s NPPTAC Recommends a Framework for a Voluntary Program,” Environmental Quality Management, Spring 2006.
The U.S. Environmental Protection Agency (EPA) National Pollution Prevention and Toxics Advisory Committee (NPPTAC) forwarded to EPA Administrator Stephen L. Johnson on November 22, 2005, its document entitled Overview of Issues for Consideration by NPPTAC. The Overview of Issues document sets forth NPPTAC’s “analysis and views” on a framework for a voluntary program on existing engineered nanoscale materials. The framework is intended to complement the new nanoscale chemicals requirements promulgated under the Toxic Substances Control Act (TSCA).
Lynn L. Bergeson, “EPA Proposes Lead-Based Paint Removal Requirements,” Pollution Engineering, March 2006.
On Jan 10, 2006, the U.S. Environmental Protection Agency (EPA) proposed extensive requirements to minimize the introduction of lead hazards resulting from the disturbance of lead-based paint during renovation, repair and painting activities in most housing built before 1978. The proposal introduced lead-based paint training, certification and safe work-practice requirements for contractors involved in these activities. According to EPA, it is one component of a comprehensive program to ensure the use of lead-safe work practices that will also include training, and an education and outreach campaign targeted at both workers and consumers.
Michael F. Cole, “RFID, Nano-Tools and the Electronic Safety Net: Nanotechnology may revolutionize the use of RFID in the battle against counterfeit drug imports,” Health & Personal Care Magazine, February 2006.
Radio frequency identification (RFID) technology is revolutionizing the business of tracking inventory and, soon, the U.S. Food and Drug Administration (FDA) will use it to combat counterfeit drugs. The challenges of RFID adoption, in turn, might act as an additional impetus to the development of nanotechnology solutions. FDA views RFID as the most promising technology to combat the flow of counterfeit drugs to U.S. consumers, and encourages the adoption of RFID by manufacturers and distributors.
Lynn L. Bergeson, “EPA’s NPPTAC Recommends Framework for Voluntary Nanomaterials Program,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 7, No. 1, February 2006.
In November 2005, the National Pollution Prevention and Toxics Advisory Committee (NPPTAC) forwarded to U.S. Environmental Protection Agency (EPA) Administrator Johnson its document entitled Overview of Issues for Consideration by NPPTAC. The Overview of Issues document sets forth the NPPTAC’s analysis and views on a framework for an approach to a voluntary program for existing engineered nanoscale materials. The framework is intended to complement the approach to the new nanoscale chemicals requirement under the Toxic Substances Control Act (TSCA), and is a must read for those wishing to stay abreast of nano developments.
Lynn L. Bergeson, “EPA Proposes Amendment to SPCC Plan Requirements,” Pollution Engineering, February 2006.
On December 12, 2005, EPA proposed to amend Spill Prevention, Control, and Countermeasure (SPCC) plan requirements to reduce the regulatory burden these requirements impose on covered entities. EPA also released a document entitled SPCC Guidance for Regional Inspectors to assist regional inspectors in assessing a facility’s implementation of SPCC requirements. As such, the document is an important how-to guide for ensuring compliance with SPCC plan requirements.
Lynn L. Bergeson, “Mercury Rising: EPA Regulates Emissions for Power Plants,” Pollution Engineering, January 2006.
The Clean Air Act (CAA) established a deadline for the U.S. Environmental Protection Agency (EPA) to decide whether and how to regulate mercury emissions from coal-burning electric utilities. As several public interest groups had earlier sued EPA over the perceived inaction, the agency was required under a settlement agreement to issue a final rule by December 2004. This date was later extended to March 2005. EPA issued a rule to permanently cap and reduce mercury emissions from coal-fired power plants on March 15, 2005.
Lynn L. Bergeson, “GAO Recommends TSCA Improvements, and a Senate Bill Responds with a Proposal,” Environmental Quality Management, Winter 2005.
In June 2005, the Government Accountability Office (GAO) issued a report critical of the federal government’s ability under the Toxic Substances Control Act (TSCA) to assess and prevent risks from new and existing chemical substances. Release of the GAO report coincided with the introduction by Senators Frank Lautenberg and James Jeffords of the Kid Safe Chemicals Act (S. 1391), a bill intended to improve children’s health by reducing exposure to harmful toxic chemicals in everyday consumer products and otherwise address the deficiencies in TSCA outlined in the report. This column reviews the GAO report, the proposed Kid Safe Chemicals Act, and the outlook for both.
Lisa M. Campbell, “Rhetoric That Hides the Issues at Stake,” The Environmental Forum, November/December 2005.
The debate over whether human data should be used to assess potential risk from chemical products, and in particular pesticide products, has been raging for at least seven years. Before it became controversial in the late 1990s, EPA routinely relied on studies of human subjects for some pesticide products and many other substances, and, in fact, acknowledged, along with many other government agencies and other scientific entities, the superiority of such studies in evaluating potential risks to humans.
Lynn L. Bergeson, “Proposed Rule on Human Studies,” Pollution Engineering, November 2005.
On Sept. 12, 2005, EPA issued its human studies proposed rule, and led a stakeholder briefing on the proposal on Sept. 7. The proposed rule focuses on third-party intentional dosing studies involving pesticides, although EPA seeks comment on alternative approaches with a broader scope. The rule, as proposed, would prohibit new third-party intentional dosing studies for pesticides involving pregnant women or children as subjects, as well as all first- and second-party intentional dosing studies of any substance involving pregnant women or children as subjects.
Lynn L. Bergeson, “Hurricane Havoc Has Hit Regulators, Too,” Manufacturing Today, September/October 2005.
Hurricanes Katrina and Rita have inspired environmental havoc and strained the capacity of every government agency impacted by these natural disasters. According to some, this is only the beginning. The aftermath of these storms has everyone’s attention now, especially the U.S. Environmental Protection Agency (EPA) and the state and local government agencies that must now deal with the aftermath. Issues include EPA’s environmental priorities; health and infrastructure; EPA authority to waive environmental statutes and regulations; and collateral EPA impacts.
Lynn L. Bergeson, “HPV Challenge Program: EPA Goes After Orphan Chemicals,” Pollution Engineering, October 2005
“EPA recently posted on its Chemical Right-to-Know website a new policy, entitled Policy Regarding Acceptance of New Commitments to the High Production Volume (HPV) Challenge Program, available at www.epa.gov/chemrtk/hpvpolcy.pdf.
The policy outlines how companies can commit to sponsor any of the remaining so-called ‘orphan chemicals,’ which
include the 300 chemicals that are currently unsponsored under the HPV Chemical Challenge Program.”
Lynn L. Bergeson, “EPA Considers How Best to Regulate Nanoscale Materials,” Environmental Quality Management, Autumn 2005.
“In a May 10, 2005, Federal Register notice, EPA announced, in an understated way, its decision to convene a public meeting on ‘nanoscale materials.’ The meeting notice represents the Agency’s first public foray into harnessing some of nanotechnology’s promise within a regulatory framework created almost three decades ago with the enactment of the Toxic Substances Control Act (TSCA).”
Lynn L. Bergeson, “EPA Staff Urges Changes in PM Standards,” Pollution Engineering, September 2005.
Lynn L. Bergeson, “TSCA and Nanoscale Materials Update,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 6, No. 4, August 2005.
Lisa M. Campbell, “Debate on EPA’s Use of Human Data Flares Again,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 6, No. 4, August 2005.
Lynn L. Bergeson, “EPA Pushes Material-Management Challenges,” Chemical Processing, August 2005.
Lynn L. Bergeson, “Workplace Safety and Enforcement Scrutiny Measures Get Teeth,” Manufacturing Today, July/August 2005.
Lynn L. Bergeson, “Life after Aviall: Its Impact on Voluntary Cleanup,” Pollution Engineering, August 2005.
Lynn L. Bergeson, “Biomonitoring Assumes Growing Significance,” Chemical Processing, July 2005.
Lynn L. Bergeson, “Avoid Mistakes of Past: Develop Nano Responsibly,” The Environmental Forum, July/August 2005.
Lynn L. Bergeson, “Toxicogenomic Data and Federal Regulatory Settings: Managing the Avalanche of Data,” Environmental Quality Management, Summer 2005.
Lynn L. Bergeson, “Water Quality Trading: What’s It All About?,” Pollution Engineering, July 2005.
Lynn L. Bergeson, “Nanotechnology Readies for a Wastewater Role,” Chemical Processing, June 2005.
Lynn L. Bergeson, “Nanotechnology: EPA Considers How to Proceed,” Pollution Engineering, June 2005.
Lynn L. Bergeson, “The Essentiality of Process-Safety Management,” Chemical Processing, May 2005.
Lynn L. Bergeson, “The Importance of Environmental Management Systems,” Pollution Engineering, May 2005.
Lynn L. Bergeson, “The Volatile Debate Over Regulation of Reactive Chemicals,” Manufacturing Today, March/April 2005.
Lynn L. Bergeson, “Green Products Get Green Light,” Chemical Processing, April 2005.
Lynn L. Bergeson, “Nanotechnology and TSCA,” ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 6, No. 3, April 2005.
Lynn L. Bergeson, “When a Parent’s Involvement May Be Too Much,” Pollution Engineering, April 2005.
Lynn L. Bergeson, “Making a List and Checking It Twice: A Precautionary Approach to Schools,” Environmental Quality Management, Spring 2005.
Lynn L. Bergeson, “The Shape of Things to Come at EPA,” Pollution Engineering, March 2005.
Lynn L. Bergeson, “EPA Encourages Adoption of HPV Chemicals,” Chemical Processing,
March 2005.
Lynn L. Bergeson and Carla N. Hutton, “FIFRA — Chemical Testing Issues,” ELR News & Analysis, March 2005.
Lynn L. Bergeson, “EPA Seeks to Curb PBDEs,” Pollution Engineering, February 2005.
Lynn L. Bergeson, “Fugitives on the Loose,” Chemical Processing, February 2005.
Lynn L. Bergeson, Lisa M. Campbell, and Carla N. Hutton, “TSCA — Chemical Testing Issues,” ELR News & Analysis, February 2005.
Lynn L. Bergeson, “Nanomaterials and Protecting Health Risk,” Environmental Expert Newsletter, February 2005.
Lynn L. Bergeson, “EPA Defines ‘All Appropriate Inquiry,’” Pollution Engineering, January 2005.
Lynn L. Bergeson, “Chemicals Get a Bad Reaction in Washington,” Chemical Processing, January 2005.
Lynn L. Bergeson and Bethami Auerbach, “Reading the Small Print,” The Environmental Forum, March/April 2004.
Lynn L. Bergeson, “Internal Guidelines and TSCA: The Implications of EPA’s Case Against DuPont,” Environmental Quality Management, Winter 2004. Download it.
Lynn L. Bergeson, “Is Your Company Ready for the 2006 Inventory Update Regulation?,” Manufacturing Today, November/December 2004. Download it.
Lynn L. Bergeson, “Nanomaterials and Protecting Health Risk,” Risk Management Matters, December 2004. Download it..
Lynn L. Bergeson, “Preparing for the New IUR,” Chemical Processing, November 2004. Download it.
Lynn L. Bergeson, “Chemicals in Our Bodies: The Next Frontier,” Chemical Processing, October 2004. Download it.
Lynn L. Bergeson, “The Election and Environmental Policy: What’s in Store?,” Manufacturing Today, September/October 2004. Download it.
Lynn L. Bergeson, “The Regulatory Implications of Nanotechnology,” Environmental Quality Management, Autumn 2004.Download it.
Lynn L. Bergeson, “What Does the Future Hold for EPR?,” Chemical Processing, September 2004.Download it.
Lynn L. Bergeson, “Liability Can Take Its Toll on Manufacturers,” Chemical Processing, August 2004. Download it.
Lynn L. Bergeson, “A $300 Million Question: How Does an EPA Action Impact Your Business?,” Manufacturing Today, July/August 2004. Download it.
Lynn L. Bergeson, “Ultrafine Particles Come Under the Microscope,” Chemical Processing, July 2004. Download it.
Michael F. Cole, “Don’t Risk the Chance of an FDA ‘Bear Dance,’” HPC World, Summer 2004. Download it.
Lynn L. Bergeson and Carla N. Hutton, “The Food Quality Protection Act — Implementation and Legal Challenges,” ELR News & Analysis, August 2004. Download it.
Lynn L. Bergeson and Eileen Salathé Gernhard, “The Volatile Issue of Reactive Chemicals,” Environmental Quality Management, Summer 2004. Download it.
Lynn L. Bergeson, “EPA Shows Renewed Commitment to Public Input with New Rule,” Manufacturing Today, May/June 2004. Download it.
Lynn L. Bergeson, “EPA Mandates Skin Absorption Tests,” Chemical Processing, June 2004. Download it.
James V. Aidala and Carla N. Hutton, “Pesticide Registration Improvement Act,” BNA Daily Environment Report at B-1 (June 1, 2004). Download it.
Lynn L. Bergeson, “Don’t Let REACH Become a Stretch,” Chemical Processing, May 2004. Download it.
Lynn L. Bergeson, “Nanotechnology Trend Draws Attention of Federal Regulators,” Manufacturing Today, March/April 2004. Download it.
Lynn L. Bergeson, “FDA Gets Tough,” Food and Drink, March/April 2004. Download it.
Lynn L. Bergeson, “European Union Targets Health Hazards,” Chemical Processing, April 2004. Download it.
Lynn L. Bergeson and Bethami Auerbach, “The Environmental Regulatory Implications of Nanotechnology,” BNA Chemical Regulation Reporter at 447 (Apr. 19, 2004). Download it.
Lynn L. Bergeson and Bethami Auerbach, “The Environmental Regulatory Implications of Nanotechnology,” BNA Daily Environment Reporter at B-1 (Apr. 14, 2004). Download it.
Lynn L. Bergeson, “Genetically Engineered Organisms Face Changing Regulations,” Chemical Processing, March 2004. Download it.
Lynn L. Bergeson, “Bioterror Worries Spark a New Wave of Safety Regulations,” Manufacturing Today, January/February 2004. Download it.
Lynn L. Bergeson and Bethami Auerbach, “Reading the Small Print,” The Environmental Forum, March/April 2004. Download it.
Lynn L. Bergeson, “Expect a Busy Year at EPA,” Chemical Processing, February 2004. Download it.
Michael F. Cole, “Preventing Medical Errors in ‘Real Time,’” HPC World, January/February 2004. Download it.
Lynn L. Bergeson, “Reactive Chemicals Get More Scrutiny,” Chemical Processing, January 2004. Download it.
Lynn L. Bergeson and Susan Hunter Youngren, “What’s in a Model? More Than You Think,” Environmental Quality Management, Winter 2003. Download it.
Lynn L. Bergeson, “Act Now to Prepare for TSCA Changes,” Chemical Processing, December 2003. Download it.
Lynn L. Bergeson, “How ‘Peer Review’ Is Important to Manufacturers,” Manufacturing Today, November/December 2003. Download it.
Lynn L. Bergeson, “Nanotechnology and TSCA,” Chemical Processing, November 2003. Download it.
Lynn L. Bergeson, “Heavy Metals: How New EPA Actions Impact Manufacturers,” Manufacturing Today, September/October 2003.
Lynn L. Bergeson, “New Tool for Battling ‘Junk Science,’” Chemical Processing, October 2003. Download it.
Lynn L. Bergeson, “Guidelines for Joint State/Federal Civil Environmental Enforcement Litigation,” Environmental Quality Management, Autumn 2003. Download it.
Lynn L. Bergeson, “Preparation May Be Best and Only Response,” included in “The Forum — The Long Arm of REACH: A Bold Proposal from the EU on Chemical Safety,” The Environmental Forum, September/October 2003. Download it.
Lynn L. Bergeson, “TSCA, Treaties and Talk of Amendment,” Chemical Processing, September 2003. Please Download it.
Lynn L. Bergeson, “Manfacturers Come to Grips with Realities of Biomonitoring,” Manufacturing Today, July/August 2003. Download it.
Lynn L. Bergeson, “EU’s New Chemical Policy Will Hurt U.S. Competitiveness,” Chemical Processing, August 2003. Download it.
Lynn L. Bergeson, “It’s Here . . . And It Ain’t Pretty,” Chemical Processing, July 2003. Download it.
Lynn L. Bergeson, “Capital Ideas in a Capital City: The 11th Section Fall Meeting in Washington,” Trends: ABA Section of Environment, Energy, and Resources Newsletter, July/August 2003, Vol. 34, No. 6.
Lynn L. Bergeson, “Lean and Green: How Production Efficiency Aids the Environment,” Manufacturing Today, May/June 2003. Download it.
Lynn L. Bergeson, “ECHO: Enforcement Online, Up Close, and Real Personal,” Environmental Quality Management, Summer 2003, Vol. 12, No. 4. Download it.
Lynn L. Bergeson, “The Quest for Fault-Free Information,” Chemical Processing, June 2003. Download it.
Lynn L. Bergeson, “Be Prepared to Defend Your Product,” Chemical Processing, May 2003. Download it.
Eileen Salathé Gernhard, “The Information Quality Act: EPA’s 8-Month Report Card,” EPA Administrative Law Reporter, Vol. 21, No. 5, May 2003. Download it.
Lynn L. Bergeson, “Guest Editorial: Pushing Tort Reform to the Forefront,” Trends, Spring 2003. Download it.
Lynn L. Bergeson, “How Regulators’ ‘List Envy’ Impacts Manufacturers,” Manufacturing Today, March/April 2003. Download it.
Lynn L. Bergeson, “Endocrine Disruptors: The Issue Hits Closer to Home,” Chemical Processing, April 2003. Download it.
Lynn L. Bergeson, “More Changes in Store for IUR Reporting,” Chemical Processing, March 2003. Download it.
Lynn L. Bergeson, “Toxicogenomics and the Workplace: What You Need to Know,” Manufacturing Today, January/February 2003. Download it.
Lynn L. Bergeson, “Big Changes Ahead in IUR Reporting,” Chemical Processing, February 2003. Download it.
Lynn L. Bergeson, “EU White Paper Could Spell Trouble,” Chemical Processing, January 2003. Download it.
Lynn L. Bergeson, “New Source Review: The Debate Rages On,” Environmental Quality Management, Winter 2002, Vol. 12, No. 2. Download it.
Lynn L. Bergeson, “The Shift in Power and the Environmental Agenda: What to Expect,” Manufacturing Today, November/December 2002.
Lynn L. Bergeson, Lisa M. Campbell, and Richard B. Bozof, “Toxicogenomics,” The Environmental Forum, Vol. 19, No. 6, November/December 2002. Download it.
Lisa M. Campbell, “EPA Begins Promised Process for Evaluating Use of Human Data,” Pesticides, Chemical Regulation and Right-to-Know Committee Newsletter, Vol. 4, No. 1, November 2002. Download it.
Lynn L. Bergeson, “Leveraging Its Buying Power: The Federal Government Goes Green,” Environmental Quality Management, Autumn 2002, Vol. 12, No. 1. Download it.
Lynn L. Bergeson, “Bounty Hunters: What Do Chocolate Bars, French Fries and California’s Proposition 65 Have in Common?,” Food and Drink, September/October 2002. Download it.
Eileen Salathé Gernhard, “EPA’s Proposed Public Participation Process for Reregistration — Almost, But Not Quite There,” EPA Administrative Law Reporter, Vol. 20, No. 3, September 2002. Download it.
Lynn L. Bergeson, “Federal Environmental Executive Creates New Opportunities,” Pesticide and Toxic Chemical News, Aug. 12, 2002, Vol. 30, No. 42.
Lynn L. Bergeson, “New and Improved OMB Worth Noticing,” Manufacturing Today, July/August 2002.
Lynn L. Bergeson, “Will the New and Improved OMB Result in New and Improved Rules?,” Environmental Quality Management, Summer 2002, Vol. 11, Issue 4. Download it.
Lynn L. Bergeson, “European Regulations Impact U.S. Businesses,” Manufacturing Today, May/June 2002. Download it.
Lynn L. Bergeson, “Avoid ‘Market Injury:’ What You Need To Know About RRMS,” Manufacturing Today, March/April 2002. Download it.
Lynn L. Bergeson, “Life after 9/11: The Impact on Environmental Management,” Environmental Quality Management, Spring 2002, Vol. 11, Issue 3. Download it.
Lynn L. Bergeson, “Living with Terror,” US Business Review, January/February 2002.
Lynn L. Bergeson, “RCRA Waste Identification: Meaningful Reform Is Needed,” Pollution Prevention Review, Winter 2002, Vol. 12, No. 1. Download it.
Eileen B. Salathé Gernhard, “The School Environment Protection Act – Will an Unprecedented Compromise Fall by the Wayside,” Environmental Law Reporter News & Analysis Online, 2002. Download it.
Lynn L. Bergeson and Lisa M. Campbell, “The Tozzi Decision: Another Arrow in Manufacturers’ Quiver in Product Defense Wars,” EPA Administrative Law Reporter, Vol. 18, No. 5, November 2001. Download it.
Lynn L. Bergeson, “Chemical Body Burdens: A Look at Biomonitoring,” Pollution Prevention Review, Autumn 2001, Vol. 11, No. 4. Download it.
Lynn L. Bergeson, “A ‘Coup of One’ with an Impact on Many,” Manufacturing Today, September/October 2001.
Lynn L. Bergeson, “Browner’s Legacy, Whitman’s Challenge: An Overview,” Pollution Prevention Review, Summer 2001. Download it.
Lynn L. Bergeson, Lisa M. Campbell, and Eileen Salathé Gernhard, “FIFRA: What’s New, What’s Hot,” EPA Administrative Law Reporter, Vol. 17, No. 6, June 2001. Download it.
Lynn. L. Bergeson and Bethami Auerbach, “Symposium: Whitman v. American Trucking Association,” EPA Administrative Law Reporter, Vol. 17, No. 3, March 2001. Download it.
Lynn L. Bergeson, “Rewarding Volunteers: OSHA Issues a Final Voluntary Self-Audits Policy,” Pollution Prevention Review, Winter 2001. Download it.
Lynn L. Bergeson, “Agricultural Air Quality Task Force Issues White Paper on CAFOs,” Trends: ABA Section of Environment, Energy, and Resources Newsletter, Vol. 32, No. 3, January/February 2001.
Lynn L. Bergeson, “In Brief,” Special Committee on Agricultural Management Newsletter, Vol. 5, No. 1, November 2000.
Lynn L. Bergeson, “The VCCEP: Big Issues, High Stakes,” EPA Administrative Law Reporter, Vol. 15, No. 5, November 2000. Download it.
Lynn L. Bergeson and Robin J. Schoeps, “FIFRA, Children’s Health, and the Methyl Parathion Experience,” Pollution Prevention Review, Fall 2000. Download it.
Lynn L. Bergeson and Lisa M. Campbell, “Chemical Testing Under TSCA — Who Is On the Hook?” EPA Administrative Law Reporter, Vol. 16, Nos. 1 and 2, July and August 2000. Download it.
Lynn L. Bergeson, “EPA’s Implementation of the Food Quality Protection Act of 1996,” ABA Section of Environment, Energy, and Resources Newsletter, Vol. 31, No. 6, July/August 2000.
Lynn L. Bergeson, “NTP Issues First RoC Delistings,” Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Vol. 1, No. 3, June 2000.
Lynn L. Bergeson & Robin J. Schoeps, “Hydrogen Sulfide Regulation and Enforcement: The Awakening of a Sleeping Giant,” Special Committee on Agricultural Management Newsletter, Vol. 4, No. 2, June 2000.
Lynn L. Bergeson, “Biotechnology: The Ultimate Pollution Prevention Tool,” Pollution Prevention Review, Summer 2000. Article and Exhibit 1
Lynn L. Bergeson, “Cooperative Efforts Can Ease Toxics Law Compliance Burden,” Washington Legal Foundation Legal Backgrounder, Vol. 15, No. 33, June 9, 2000.
Lynn L. Bergeson & Robin J. Schoeps, “Safety First: Avoiding Chemical Storage Hazards,” Infection Control Today, Vol. 4, No. 5, May 2000.
Lynn L. Bergeson, “Merger Mania and Progressive EHS: An Uncertain Future,” Pollution Prevention Review, Spring 2000.
Lynn L. Bergeson, Lisa M. Campbell & Lisa Rothenberg, “TSCA and the Future of Chemical Regulation,” EPA Administrative Law Reporter, Vol. 15, No. 4, April 2000. Download it.
Lynn L. Bergeson and Lisa M. Campbell, “Leveling the FIFRA Playing Field: Life Beyond Termilind,” Environmental Law Reporter News & Analysis, February 2000. Download it.
Lynn L. Bergeson, “HWIR Redux: A Better Way to Go?,” EPA Administrative Law Reporter, December 1999.
Lynn L. Bergeson and Cara S. Jablon, “New Directions: The Implementation of the Food Quality Protection Act, Part II,” Pollution Prevention Review, Winter 2000.
Lynn L. Bergeson and Cara S. Jablon, “New Directions: The Implementation of the Food Quality Protection Act, Part I,” Pollution Prevention Review, Autumn 1999.
Lynn L. Bergeson and Robin J. Schoeps, “A Regulatory How-To for Pesticides Export,” Chemical Specialties, September/October 1999.
Lynn L. Bergeson, “Children’s Health Testing: Big, Big Implications,” EPA Administrative Law Reporter, Vol. 14, No. 3, September 1999.
Lynn L. Bergeson, “PBTs: EPA’s Aggressive Strategy,” Pollution Prevention Review, Summer 1999.
Lynn L. Bergeson and Bethami Auerbach, “The Credible Evidence Rule After CAIP v. EPA: The Phantom Menace?,” EPA Administrative Law Reporter, Vol. 14, No. 1, July 1999.
Lynn L. Bergeson and Bethami Auerbach, Symposium: Regulation After American Trucking Associations, Inc. v. EPA — “A Smart and Sane Dissent,” EPA Administrative Law Reporter, Vol. 13, No. 6, June 1999.
Lynn L. Bergeson, “Seeing RED Over Rats: District Declares War on Vermin, While the EPA Targets Children’s Health,” Legal Times, Week of May 24, 1999.
Lynn L. Bergeson, “Chemical Testing and Right-To-Know: Preparing for the Bumpy Road Ahead,” EPA Administrative Law Reporter, Vol. 13, Nos. 4 and 5, April and May 1999.
Lynn L. Bergeson, “EPA’s Chemical Testing Initiatives: Preparing for the Future,” Pollution Prevention Review, Spring 1999.
Lynn L. Bergeson, Lisa M. Campbell & John F. Seymour, “The New Hit List: EPA Issues Its WMPT PBT List,” EPA Administrative Law Reporter, Vol. 13, No. 1, January 1999.
Lynn L. Bergeson, “EPA Proposes Statement of Policy For Endocrine Disrupter Screening Program,” The Environmental Corporate Counsel Report, February 1999.
Lynn L. Bergeson, “Preventing Agricultural Pollution: The AFO Strategy,” Pollution Prevention Review, Winter 1999.
Lynn L. Bergeson, “Dealing With the New Regulations on Chemical Testing and Screening,” New York Law Journal, Dec. 22, 1998.
Lynn L. Bergeson, “EPA as Consumer Advocate: Will It Help or Hinder Pollution Prevention?,” Pollution Prevention Review, Autumn 1998.
Lynn L. Bergeson, “Fixing the CSI: Will Phase II Do the Trick?” Pollution Prevention Review, Summer 1998.
Lynn L. Bergeson, “Ready, Aim, Fire: EPA’s 1998/99 Enforcement Strategy,” Environmental Protection, June 1998.
Lynn L. Bergeson, Lisa M. Campbell, and Eileen Salathe Gernhard, “Treated Article Exemption: Going, Going, Gone?” BNA Chemical Regulation Reporter, Apr. 17, 1998.
Lynn L. Bergeson, “Information Wars: Will Internet Access to RMP Data Abate Risk or Invite Abuse?” Pollution Prevention Review, Spring 1998.
Lynn L. Bergeson and Lisa M. Campbell, “Virtual TSCA Bans: The Acrylamide Grout Fiasco,” EPA Administrative Law Reporter, Mar. 1998.
Lynn L. Bergeson and Lisa M. Campbell, “Blunting FIFRA Registration Abuse,” Environmental Corporate Counsel Report, Mar. 1998.
Lynn L. Bergeson, “EPA Sector Notebook Project: A Reference Document of Choice,” Pollution Prevention Review, Winter 1998.
Lynn L. Bergeson and Lisa M. Campbell, “Getting Tough With FIFRA Violators: The Termilind Decision,” EPA Administrative Law Reporter, Dec. 1997.
Lynn L. Bergeson, “The Amazing, Incredible, Expanding TRI,” Pollution Prevention Review, Winter 1997.
Lynn L. Bergeson, “EPA Rolls Out a Methodology for Identifying P2 Opportunities in SEPS,” Pollution Prevention Review, Autumn 1997.
Lynn L. Bergeson and Joseph M. Gaynor, Jr., “Counseling Foreign Companies in the U.S. is a Challenge,” Corporate Legal Times, Oct. 1997.
Lynn L. Bergeson and Lisa M. Campbell, “Carrot or Stick: The Debate Over Environmental Auditing,” The Washington Lawyer, Sept./Oct. 1997.
Lynn L. Bergeson and Lisa M. Campbell, “The Sector Facility Indexing Project (SFIP): SFIP or SFLOP?,” EPA Administrative Law Reporter, Aug. 1997.
Lynn L. Bergeson, “The Credible Evidence Rule: Incredibly Bad for Pollution Prevention?,” Pollution Prevention Review, Summer 1997.
Lynn L. Bergeson and Jill M. Palmer, “ISO 14001: A Checklist for Counseling Clients,” Corporate Legal Times, May 1997.
Bernalyn D. McGaughey, Lynn L. Bergeson, and John D. Walker, “The Good, the Bad, the Ugly in Testing,” Chemical Times & Trends, Apr. 1997.
Lynn L. Bergeson, “Redefining RCRA Recycling: Will Pollution Prevention Be Advanced?,” Pollution Prevention Review, Spring 1997.