July 24, 2017

Lynn L. Bergeson, “EPA’s Regulatory Agenda Includes TSCA Section 8(a) Nanomaterials Rule with TBD Effective Date,” Nanotechnology Now, July 24, 2017.

On July 20, 2017, the Trump Administration published its Unified Agenda of Regulatory and Deregulatory Actions. The Agenda includes a U.S. Environmental Protection Agency (EPA) item (RIN 2070-AJ54) concerning the Toxic Substances Control Act (TSCA) Section 8(a) reporting rule for nanoscale materials.
July 24, 2017

Lynn L. Bergeson, “The State of Play,” Manufacturing Today, July 24, 2017.

Waters of the United States has been a “fluid” concept for years. It defines the jurisdictional limits of the authority of the United States under the Clean Water Act (CWA). President Trump’s Feb. 28, 2017, Executive Order (EO) directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to rescind and replace the Clean Water Rule (CWR) is the latest development to resolve the question of which surface waters and wetlands may be federally regulated...
July 21, 2017

Lynn L. Bergeson, “The Final Rule,” Manufacturing Today, July 21, 2017.

The U.S. Environmental Protection Agency (EPA) issued on Jan. 12, 2017, a final rule under Section 8(a) of the Toxic Substances Control Act (TSCA) establishing reporting and recordkeeping requirements for certain discrete forms of chemical substances that are manufactured or processed at the nanoscale. This column summarizes the rule.
July 19, 2017

“TSCA Reform: One Year Later” Conference Elicits Frank and Productive Discussion from Government, NGO, and Industry Speakers

On June 27, 2017, the Environmental Law Institute (ELI), Bergeson & Campbell, P.C. (B&C®), the Environmental Defense Fund (EDF), and the George Washington University Milken Institute School of Public Health (GWU) held a day-long "TSCA Reform: One Year Later" conference at the GWU campus exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on the first anniversary of...
July 18, 2017

Court Tosses RCRA Verified Recycler Exclusion but Retains Balance of Definition of Solid Waste Rule

On July 7, 2017, the U.S. Court of Appeals for the D.C. Circuit found “unreasonable,” and thus threw out, the “verified recycler” exclusion promulgated by the U.S. Environmental Protection Agency (EPA) in its 2015 revisions to the definition of solid waste under the Resource Conservation and Recovery Act (RCRA).  The court reinstated the “transfer-based” exclusion promulgated by EPA under the Bush Administration.  In the case, American Petroleum Institute v....
July 18, 2017

Charles Auer and Richard Engler, Ph.D., Quoted In Bloomberg BNA Daily Environment Report Article “Chemical Industry Eyes New Chance to Drive EPA Risk Analyses”

On July 18, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Senior Chemist with B&C, were quoted by Bloomberg BNA Daily Environment Report regarding the U.S. Environmental Protection Agency’s (EPA) data gathering authority. […] The EPA's recent rules don't mention any intention to use the agency's new authority under the amended chemicals law to order companies to provide...
July 12, 2017

WEBINAR – – TSCA Inventory Final Rule: Reporting Requirements Under the New Chemical Inventory Reset, July 12, 2017, 2:00 p.m. – 3:00 p.m. EDT

The release of EPA’s final rule concerning the chemical inventory reset under the Toxic Substances Control Act (TSCA) is expected in June. Once released, covered entities must comply with reporting requirements within a 180- or 360-day reporting window, which won’t give much time to get up to speed on compliance obligations.  Business & Legal Resources (BLR) offered a webinar  "TSCA Inventory Final Rule: Reporting Deadline Requirements Under the New Chemical...
July 12, 2017

Michael S. Wenk, M.S., to Speak at AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids

Michael S. Wenk, M.S., Senior Regulatory Consultant with The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), has been invited to speak on the current state of play of Central and South American chemical regulations at the 17th AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids, September 11-14, 2017, in Cancun, Mexico.  Mr. Wenk will present “Chemical Substance Management in Central and South America: Insights into...