All Published Articles

Lynn L. Bergeson, "Chemical Compliance: California Calls for Changes to Prop 65," Chemical Processing, April 10, 2014.

On March 7, 2014, the California Office of Environmental Health Hazard Assessment (OEHHA) released a proposal for a draft regulation amending Proposition 65 regulations. The proposal seeks changes to the warning requirements to include more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their exposure to these chemicals. This column explains this proposal and its significance.

Lynn L. Bergeson, "Electronic Hazardous Waste Manifests Rules Issued," Pollution Engineering, April 1, 2014.

On Feb. 7, 2014, EPA issued a final rule under the Resource Conservation and Recovery Act authorizing the use of electronic hazardous waste manifests. The final rule will have immediate implications for virtually all domestic manufacturers of hazardous waste. This column explains why.

Lynn L. Bergeson, "ECHA Report Includes Recommendations for Exposure Assessment and Risk Characterization of Nanomaterials under REACH," Nanotechnology Now, March 28, 2014.

On March 26, 2014, SAFENANO announced that the European Chemicals Agency (ECHA) published a report entitled Human health and environmental exposure assessment and risk characterization of nanomaterials: Best practice for REACH registrants.

Lynn L. Bergeson, "Chemical Plant Safety," Pollution Engineering, March 24, 2014.

On Jan. 3, 2014, a federal working group created by Executive Order 13650 issued a set of preliminary options intended to improve chemical plant security. This is a hot topic likely to command considerable attention in the New Year.

Ruth C. Downes-Norris, Leslie S. MacDougall, Gyöngyi (Pearl) Németh, M.Sc., "Think REACH Does Not Apply to Your Company? Are You Certain? Read On," Elements, The Chemicals NorthWest Magazine, Spring, 2014.

According to the study, Impact of REACH on SMEs in the Netherlands, commissioned by the Dutch Ministry for Infrastructure and the Environment, 23% of SMEs belonging to the chemical industry are not aware that they do, in fact, have obligations under REACH. A company does not need to be an SME, however, to have the false impression that it has no obligations under REACH. This article outlines frequent misconceptions regarding REACH obligations and provides guidance to help confirm whether companies have responsibilities under REACH.

Lynn L. Bergeson, "America Competes Reauthorization Act Would Reauthorize NNI," Nanotechnology Now, March 20, 2014.

On March 7, 2014, the Organization for Economic Cooperation and Development (OECD) posted a report entitled Ecotoxicology and Environmental Fate of Manufactured Nanomaterials: Test Guidelines, which provides a report of the discussion and recommendations from the January 2013 expert meeting on ecotoxicology and environmental fate.

Lynn L. Bergeson, "Brave New World: California Finalizes Safer Consumer Products Regulations," Environmental Quality Management, Spring 2014.

It is official. California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC) Safer Consumer Products regulations, and the program went into effect on October 1, 2013. The regulations mark the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm. This new program is a true game-changer, and it will have profound national and international business, regulatory, and commercial implications for consumer product manufacturers and others for the reasons noted in this Washington Watch article. 

Lynn L. Bergeson, "Toxic Substance Control Act Reform Nears," Chemical Processing, March 18, 2014.

Reform of the Toxic Substances Control Act (TSCA) is a little closer to happening since Representative John Shimkus (R-IL), chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a discussion draft updating the TSCA. The Chemicals in Commerce Act (CICA) keys off S. 1009, the Chemical Safety Improvement Act (CSIA), which was introduced last May by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter (R-LA). This column highlights provisions in the discussion draft.

Lynn L. Bergeson, "OECD Issues Expert Meeting Report on Ecotoxicology and Environmental Fate of Manufactured Nanomaterials," Nanotechnology Now, March 7, 2014.

On March 7, 2014, the Organization for Economic Cooperation and Development (OECD) posted a report entitled Ecotoxicology and Environmental Fate of Manufactured Nanomaterials: Test Guidelines, which provides a report of the discussion and recommendations from the January 2013 expert meeting on ecotoxicology and environmental fate.

Andrew R. Bourne, Lara A. Hall, Lisa R. Burchi, "EU Biocidal Products Regulation and Its Impact on Industry: A Practical Briefing," Bloomberg BNA Daily Environment Reporter, February 26, 2014.

The European Union Biocidal Products Regulation dramatically changes the way biocidal active substances and biocidal products are regulated under European law. This new regulatory system is subtly different from those in other jurisdictions and EU neighboring countries, and fundamentally redefines biocidal products and treated articles. Companies exporting to the EU as a component of their global business must ensure that their supply chains and product designs are compliant with the regulation. This article presents a snapshot of existing industry norms and anticipates how these standard practices will be affected by the regulation.

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