We are pleased to announce that the American Bar Association (ABA) has published Environment, Energy, and Resources Law: The Year-in-Review 2009, which Lynn L. Bergeson co-authored. The Year-in-Review is the annual summary of important developments in environmental, energy, and resources law over the past year. Bergeson co-authored the chapter entitled “Pesticides, Chemical Regulation, and Right-to-Know: 2009 Annual Report.” ...
Today the U.S. Environmental Protection Agency (EPA) issued what it describes as a “common sense” approach to addressing greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act (CAA) by phasing-in the deadlines by which facilities must obtain permits for GHG emissions. Specifically, this controversial final rule sets thresholds for GHG emissions that define when permits under the New Source Review (NSR) Prevention of Significant Deterioration (PSD) and Title V...
Thank you for participating in Bergeson & Campbell, P.C.’s webinar on TSCA Reform on Monday, May 10, 2010. We are delighted that you were able to participate, and hope that you found the information and format useful and convenient. Apropos of our recent webinar, we thought we would use this occasion to share Charlie Auer’s response to a recent blog posting by Dr. Richard Denison regarding the reasons why Charlie believes some aspects of the...
The May 4, 2010, issue of InsideEPA.com’s Daily News references Bergeson & Campbell, P.C.’s April 27, 2010, analysis of the TSCA reform legislation....
May 4, 2010
New York Sustainability and Green Procurement Advisory Council Drafting Recommendations for FY 2010-11
The Sustainability and Green Procurement Advisory Council (Advisory Council) of the New York Interagency Committee on Sustainability and Green Procurement (Interagency Committee) is in the process of drafting recommendations for inclusion in the annual report required under Governor David Paterson’s 2008 Executive Order (EO) directing state agencies, public authorities, and public benefit corporations to buy environmentally friendly products. In September 2009, the Advisory Council voted...
In the May 3, 2010, issue of BNA Daily Environment Report, Kathleen Roberts notes that the proposed Toxic Substances Control Act (TSCA) reform legislation would make a critical change by covering manufacturers “and” processors. Currently, most TSCA provisions apply to manufacturers “or” processors, and the U.S. Environmental Protection Agency (EPA) has rarely chosen to seek toxicity and other data from processors....
The May 3, 2010, issue of Pesticide & Toxic Chemical News quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) development of a list of chemicals of concern under the Toxic Substances Control Act (TSCA)....
Monday, May 10, 2010 11:00 a.m. – 1:00 p.m. (EDT) Bergeson & Campbell, P.C. (B&C) is hosting a free webinar on TSCA Reform Legislative Initiatives on May 10, 2010. On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, S. 3209 (SCA), which is intended to address the “core failings” of TSCA. Also on April 15, 2010, Representatives Bobby Rush (D-IL), Chairman of the Subcommittee on Commerce,...
At yesterday’s U.S. Environmental Protection Agency’s (EPA) Pesticide Program Dialogue Committee (PPDC) meeting, William Jordan, Senior Policy Advisor, Office of Pesticide Programs (OPP), presented slides regarding nanotechnology and pesticides. Jordan briefly described how OPP is defining nanoscale materials and how the technology is being applied to the field of pesticides. His presentation described OPP’s recent consultation with EPA’s Scientific Advisory Panel (SAP)...
The April 27, 2010, issue of InsideEPA.com’s Risk Policy Report quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) development of a Toxic Substances Control Act (TSCA) list of chemicals of concern. According to Bergeson, the concern list could have “broad compliance implications,” depending on whether EPA requires companies who produce chemicals on the list to file export notifications. Charles M. Auer, now affiliated with Bergeson &...
Bergeson & Campbell. P.C. is pleased to provide the summary and comparison of the Toxic Substances Control Act (TSCA) reform measures recently circulated and invites you to participate in a webinar on Monday, May 10, 2010, at 11:00 a.m. – 1:00 p.m. (EDT). Details regarding the webinar are available here. On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, S. 3209 (SCA), which is intended to address...
In the April 24, 2010, issue of Chemical Week Regulatory Watch, Lynn L. Bergeson regarding the “disturbing absence of checks and balances” in the Toxic Substances Control Act (TSCA) reform bills, including the right to challenge certain U.S. Environmental Protection Agency (EPA) decisions in court....
In an April 23, 2010, issue of Inside EPA, Charles M. Auer is quoted regarding the data requirements for new and existing chemicals under the Toxic Substances Control Act (TSCA) reform legislation. According to Auer, the Senate bill has a “significant bias” against the development of new chemicals, because data for new substances would be required upfront, while manufacturers could have years to submit the same data for existing chemicals....
On April 16, 2010, the European Chemicals Agency (ECHA) published a list of substances that companies intend to register under the European Union’s (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation by the November 30, 2010, deadline. The list is based on feedback received from companies and registrations already submitted via the authorized channels. One reason that this exercise is likely being undertaken now by ECHA is to enable ECHA to identify...
The April 19, 2010, issue of BNA Daily Environmental Report quotes Charles M. Auer, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), and James V. Aidala, former EPA Assistant Administrator for Prevention, Pesticides, and Toxic Substances, regarding the Toxic Substances Control Act (TSCA) reform legislation released by Congress....
The BNA Daily Environment Report quotes Lynn L. Bergeson regarding the House and Senate bills that would reform the Toxic Substances Control Act (TSCA). Bergeson noted that the Senate bill’s focus on new chemicals made in quantities above one million pounds annually could limit the U.S. Environmental Protection Agency’s (EPA) review of many nanomanufactured chemicals, as they would not hit that production level in a single year, while other aspects of the Senate bill show...
Today Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, which is intended to address the “core failings” of TSCA. Representatives Bobby Rush (D-IL) and Henry Waxman (D-CA) released a discussion draft of their legislation, the Toxics Chemicals Safety Act of 2010, and announced an aggressive schedule that seeks to complete action by “mid-summer.” Lautenberg’s Safe Chemicals Act would: Links to the bills, summaries, and other related materials...
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...
April 13, 2010
Lynn L. Bergeson, “Nanosilver: EPA’s Pesticide Office Considers How Best to Proceed,” Environmental Quality Management, Spring 2010.
In the super-hyped world of nano, nanosilver is the proverbial poster child for all things good and evil, depending upon your perspective. Silver enjoys many commercial applications, and its well recognized antimicrobial properties have been utilized since the beginnings of recorded history. Perhaps because of this success and high visibility, some are taking aim at silver and questioning whether there is too much silver used in industrial applications — and in particular whether there is...
April 12, 2010
DOT Considering Changes to Regulations Governing Transportation of Combustible Materials
The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on April 5, 2010, issued an Advance Notice of Proposed Rulemaking (ANPRM) stating that it is considering revising the hazardous materials regulations (HMRs) governing the transportation of combustible materials. 75 Fed. Reg. 17111. Specifically, PHMSA is seeking to harmonize the domestic regulations applicable to the transportation of combustible liquids with international...