EPA Issues Final RMP Rule: On January 13, 2017, EPA published in the Federal Register its final rule amending the Accidental Release Prevention Requirements for Risk Management Programs (RMP) under Clean Air Act (CAA) Section 112(r)(7). 82 Fed. Reg. 4594. The amendments are intended to modernize EPA’s RMP regulations as required under Executive Order (EO) 13650, which directs the federal government to carry out certain tasks intended to prevent chemical incidents, such as...
In a final rule issued on January 12, 2017, EPA adjusted the level of statutory civil monetary penalty amounts under the statutes EPA administers. 82 Fed. Reg. 3633. The adjustments are mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The latter law prescribes a formula for annually adjusting statutory civil penalties to reflect inflation, maintain the deterrent effect...
January 13, 2017
Issues Brought Up During BC-CM Producers Group Meeting Featured By Inside EPA Article
On January 13, 2017, slides from the B&C® Consortia Management’s (BC-CM) NMP Producers Group Meeting with the Office of Management and Budget were discussed in the Inside EPA article “Chemical Makers Cite TSCA Listing In Call For EPA To Drop NMP Proposal.” […] But representatives from Bergeson & Campbell on behalf of NMP producers in a Dec. 5 meeting with EPA and OMB officials ahead of the proposal’s release argued that the rulemaking does not...
January 12, 2017
EPA Promulgates Final TSCA Reporting and Recordkeeping Rule for Nanoscale Materials
After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 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. 82 Fed. Reg. 3641. Manufacturers and processers, or persons who intend to manufacture or process new discrete forms of certain existing chemical nanoscale...
January 11, 2017
Lynn L. Bergeson, “Enlisting Modern Technologies to Ensure a Safe Food Supply,” Natural Resources & Environment, Volume 31, Issue 3, Winter 2017.
Nanotechnology, biotechnology, and synthetic biology are the ploughs and tractors of the twenty-first century. These precision farming tools are ensuring a sustainable food supply otherwise threatened by climate change and population growth, among other global challenges. Genetically modified E. coli is being used to produce synthetically derived pheromones, substances beneficially used in agricultural applications to attract, capture, and eliminate harmful pests. Nanopesticides and...
The attorneys, scientists, policy experts, and regulatory advisors of Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) endeavor year-round to keep you informed on key developments as they happen, and prepared for looming changes and deadlines, to help you maintain compliance and competitive advantage as you market your products throughout the world. As the new year begins, we offer you this look back at the top stories of...
January 10, 2017
Bloomberg BNA Daily Environment Report Quotes James V. Aidala in “Flea Collar Report Offers Clues on Future Pesticide Regulations”
On January 10, 2017, Bloomberg BNA Daily Environment Report quoted Bergeson & Campbell, P.C. (B&C®) Senior Government Affairs Consultant James V. Aidala regarding a recent U.S. Environmental Protection Agency (EPA) risk assessment. The risk assessment also could be a sign of how the EPA will address the suite of organophosphate pesticides slated for review later this year, including chlorpyrifos and malathion. Industry groups are concerned this could hamper the...
January 9, 2017
White House Announces Release of Final Update to the Coordinated Framework for the Regulation of Biotechnology
On January 4, 2017, the White House announced the release of the 2017 Update to the Coordinated Framework for the Regulation of Biotechnology. The 2017 Update provides a comprehensive summary of the roles and responsibilities of the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), and the U.S. Department of Agriculture (USDA) with respect to regulating biotechnology products. Together with the National Strategy for Modernizing the...
On January 9, 2017, Richard E. Engler, Ph.D., Senior Chemist with Bergeson & Campbell P.C. (B&C®), was quoted in “The Chemical Industry’s Having a Bad Reaction to New Regs.” As a result, some chemists feel like they must dial back their ambitions to pass review. “New chemicals are taking significantly longer to get through the EPA process now,” says Rich Engler, a chemical consultant with environmental law firm Bergeson & Campbell. “If I were advising a...
January 5, 2017
Bloomberg BNA Daily Environment Report Article Quotes Charles M. Auer On Chemical Data Reporting Rule
On January 5, 2017, the Bloomberg BNA Daily Environment Report Article, “Outlook 2017: Amended Chemicals Law Implementation Top Priority,” quoted Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), regarding how Chemical Data Reporting (CDR) Rule information will be used in the future to help prioritize risk evaluations and other chemical regulatory activities. The EPA’s Office of Chemical Safety and Pollution Prevention...