November 4, 2016

California DPR Proposes Far-Reaching Regulation Giving Further Protections to Children

The California Department of Pesticide Regulation (DPR) recently proposed a regulation that it states is intended to “(1) provide minimum statewide standards for all agricultural pesticide applications near public K-12 schools and child day care facilities; (2) provide an extra margin of safety in case of unintended drift or when other problems with applications occur (e.g., equipment failure causes an unintended release of pesticide, or an abrupt change in weather conditions); (3) increase...
November 1, 2016

WEBINAR — Current Opportunities and Challenges with Chemical Substance Regulation in Mexico and Central and South America, November 17, 2016, 2:00 p.m. EST

B&C affiliate The Acta Group (Acta®) was pleased to offer clients and friends a complimentary webinar on Mexico and Central and South America that provided information and insight to help participants to achieve commercial success in this rapidly expanding region, and included an overview of regulatory opportunities and challenges resulting from regional growing pains, plus a detailed explanation of recent regulatory actions. The webinar, moderated by Lynn L....
October 27, 2016

Zameer Qureshi, “The REACH Implementing Regulation on joint submission of data and data sharing: is it fair, transparent and non-discriminatory?,” Elements, the Magazine of Chemicals Northwest, Autumn, 2016.

Commission Implementing Regulation (EU) 2016/9 (Implementing Regulation) entered into force with retroactive effect on 26 January 2016, providing several new and important considerations and obligations for companies sharing data under the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) regulation. The Implementing Regulation aspires to: (1) provide useful clarity on data sharing and data compensation under REACH by providing detail on the “fair, transparent and...
October 24, 2016

Lynn L. Bergeson, “EPA Speeds Review of Chemicals,” Chemical Processing, October 24, 2016.

The U.S. Environmental Protection Agency (EPA) is continuing its brisk pace to be on target with implementing the new requirements of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (see “Grasp the Gravity of the New TSCA,” and “EPA Releases Q&As on New TSCA”). Congress has in its sights persistent, bioaccumulative, and toxic (PBT) chemicals — with the goal to reduce exposures to...
October 24, 2016

Conditions of Use, Section 5 Review Period Flexibility?, and Other Resources

Role of “Conditions of Use” Under Sections 5 and 6 of Amended Toxics Law The concept of “conditions of use” plays an important role in the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.   Conditions of use is a centralizing concept under which the U.S. Environmental Protection Agency (EPA) determines how a chemical is made, processed, used, and disposed.  The term is defined in Section 3...
October 19, 2016

Brazil Delays Promulgation of Final Industrial Chemicals Regulation

In our June 29, 2016, Clients and Friends memorandum, “Brazil Moves Closer to National Chemical Inventory,” Bergeson & Campbell, P.C. (B&C®) discussed Brazil’s pending Industrial Chemicals Regulation (Regulação de Substâncias Químicas Industriais, or Regulação), predicting its imminent publication in the Brazilian Official Gazette, the Diário Oficial.  On July 5, 2016, B&C released a memorandum entitled “A Critical Review of Brazil’s Just-Published...
October 17, 2016

WEBINAR — Current Opportunities and Challenges with Chemical Substance Regulation in Mexico and Central and South America

Thursday, November 17, 2016, 2:00 p.m. Eastern Standard Time  REGISTER TODAY The Mexican and Central and South American chemical regulatory environment is challenging to understand, with relatively little consistency, even among neighboring countries.  The region is home to two major trading blocs, MERCOSUR (Mercado Común Del Sur) and the Andean Community of Nations (Comunidad Andina). Similar in basic concept to the European Union, these blocs impose overarching regulation and...
October 14, 2016

Charles M. Auer, Lynn L. Bergeson, “Role of ‘Conditions of Use’ Under Sections 5 and 6 of Amended Toxics Law,” BNA Daily Environment Report, October 14, 2016.

President Barack Obama signed into law amendments to the Toxic Substances Control Act on June 22. The amendments bring sweeping changes to the nation’s primary chemicals law. In this Bloomberg BNA Insights, Charles M. Auer and Lynn L. Bergeson look specifically at the role of ‘‘conditions of use’’ in Sections 5 and 6 under the amended law and other chemical exposure considerations....
October 1, 2016

WEBINAR – “The New TSCA” Webinar 4: Preemption, PBTs, Fees, and Judicial Review, October 4, 2016, 11:00 a.m. EDT

Rather than waiting to see what TSCA reform’s impact on your business might be, take control of your approach to “new” TSCA with the information and insight shared in “The New TSCA: What You Need To Know” webinar series presented by Chemical Watch and Bergeson & Campbell, P.C. (B&C®). Register online. Webinar 4: Preemption, PBTs, Fees, and Judicial Review, will cover:...
September 30, 2016

Charles M. Auer, Lynn L. Bergeson, “Is The Section 5 Review Period Fixed Or Flexible In New TSCA?,” ABA Section of Environment, Energy, and Resources PCRRTK Newsletter, September, 2016.

 Among its other requirements and authorities, Section 5 of new TSCA generally requires that a company timely submit to EPA a notice of its intent to manufacture or process a new chemical or significant new use (NC/SNU). EPA is then required to conduct a review of the Section 5(a)(1) notice and make a determination on the NC/SNU and take required additional actions. Questions have been raised as to whether the review period is fixed and...