On May 30, 2017, the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Generator Improvements Rule became effective. 81 Fed. Reg. 85732 (Nov. 28, 2016). The rule will not become effective in RCRA-authorized states, however, until the states adopt the provisions and the U.S. Environmental Protection Agency (EPA) approves those state programs that adopt the rule. Please see our Monthly Update for December 2016 for additional detail on the rule. The potential scope of the...
Bergeson & Campbell, P.C. (B&C®) is seeking chemical regulatory attorneys to join our trusted, respected, and highly-experienced team of lawyers, regulatory consultants, scientists, and policy experts. Positions will be based in our Washington, D.C. office, although telework arrangements may be considered for suitable candidates. Applicants should be experienced in the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and...
2016 was full of surprises, two of which are driving much of the environmental agenda for the U.S. Environmental Protection Agency (EPA) in 2017. First, Congress significantly amended the Toxic Substances Control Act (TSCA) in June of 2016. The changes are intended to reform the program to address the widely recognized deficiencies in the law, especially regarding existing chemicals, chemical testing, Confidential Business Information (CBI) claims, and preemption of state...
June 29, 2017
Charles Auer Quoted in Inside EPA Article “The Emerging Debate Over New TSCA Rules: ‘Achievable’ v. ‘Lawful’”
On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first anniversary. […] Former career EPA toxics chief Charles Auer, now with the law firm...
The Acta Group (Acta®) has been closely tracking the development of Brazil’s Industrial Chemicals Regulation (Regulação de Substâncias Químicas Industriais, or Regulação), which still only exists in draft form. As discussed in our Global Regulatory Update for June 2017, “on May 22, 2017, it was announced that, due to changes inside the Brazilian Ministry of Environment (Ministério do Meio Ambiente, or MMA), the extraordinary meetings of the National Commission of...
The U.S. Environmental Protection Agency (EPA) released on June 22, 2017, the pre-publication Federal Register notices of the final framework actions under the Toxic Substances Control Act (TSCA), as revised by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (new TSCA). The final rules include the prioritization process rule, which establishes EPA’s process and criteria for identifying High-Priority chemicals for risk evaluation and Low-Priority chemicals for which...
A major change, brought about by the November elections, is the uptick in citizen suit litigation, and lawsuits brought by third parties against the government. Given the current administration’s position on climate change, environmental regulation generally, and the perception that regulations impede economic growth and job development, there has been a significant slowdown in regulatory and administrative activity and the initiation of enforcement actions. NGOs and third-party activists will...
On June 21, 2017, Inside EPA quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), in the article “As EPA Issues TSCA's Framework Rules, Bipartisan Law Faces Challenges.” […] Lynn Bergeson, managing partner of the firm Bergeson & Campbell, suggested some concern in EPA's ability to advance use of these new technologies. She too, noted Lautenberg's requirements regarding non-animal testing, including its direction that EPA craft a plan to...
June 20, 2017
Minamata Convention on Mercury Achieves Ratification: International Use and Mining of Mercury Targeted for Scale Down
The Minamata Convention on Mercury (Convention), a global treaty aimed at scaling down mercury use and production developed by the United Nations Environment Program (UNEP), recently surpassed the 50-country threshold required for it to become legally binding for all of its parties. This occurred on May 18, 2017, when the European Union (EU) and seven of its member states (Bulgaria, Denmark, Hungary, Malta, the Netherlands, Romania, and Sweden) ratified the Convention. The...
June 20, 2017
Lynn L. Bergeson, “Regulation: Prepare for the TSCA Inventory Reset,” Chemical Processing, June 20, 2017.
With the recent 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of “active” substances released with the February 2017 copy of the Toxic Substances Control Act (TSCA) Inventory, the magnitude of effort needed for the TSCA Section 8(b)(4) Inventory Reset is becoming clear. Stakeholders should waste no time in preparing to meet their obligations; the final rule was issued in June.