All Knowledge & Insights By Date

In the January 27, 2010, issue of BNA Daily Environment Report, Lynn L. Bergeson states that U.S. Environmental Protection Agency Office of Pollution, Prevention, and Toxics staff members “have expressed confidence that the important initiatives under way will be continued to be funded.”...

EPA Limits CBI Claims in TSCA Section 8(e) Submissions On January 21, 2010, the U.S. Environmental Protection Agency (EPA) announced a new practice concerning confidential business information (CBI) claims for substantial risk information submitted to EPA under Toxic Substances Control Act (TSCA) Section 8(e). 75 Fed. Reg. 3462. According to EPA’s announcement, if a chemical substance is listed on the public portion of the TSCA Inventory, EPA expects a company submitting a health and...

Bergeson & Campbell, P.C. (B&C) has learned that the Senate is preparing to schedule a hearing on the Toxic Substances Control Act (TSCA) in early February, most likely on February 4, 2010. As noted in our 2010 Predictions memorandum, a new and significantly revised Kid-Safe Chemicals Act (KSCA) has not yet surfaced. The fact that the Senate is scheduling a hearing indicates that a revised Senate proposal is expected soon. There are also indications that if new...

The January 22, 2010, issue of Daily Environment Report references Bergeson & Campbell, P.C.‘s  January 7, 2010, memorandum regarding its 2010 predictions....

The January 22, 2010, issue of BNA Daily Environment Report quotes Lynn L. Bergeson regarding the promulgation of a general significant new use rule for nanoscale chemical substances. According to Bergeson, it “has appeal as it would obviate the need for a TSCA Section 8(a) rule and avoid the small business exemption.” Bergeson also commented on nanomaterial developments expected in 2010....

With little fanfare, the United States Occupational Safety and Health Administration (OSHA) has rolled out its much anticipated “PSM Covered Chemical Facilities National Emphasis Program.” This one-year pilot program, launched in July 2009, focuses on facilities’ compliance with the OSHA Process Safety Management (PSM) standard,1 which aims to blunt the hazard of fires or explosions resulting from releases of “highly hazardous chemicals.” This “Washington Watch” column reviews the...

On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met to consider for the first time scientific issues related to the assessment of potential hazard and exposure associated with nanosilver and other nanometal pesticide products. This column briefly summarizes the discussion, and speculates on the outcome....

In December 2008, Turkey enacted the Inventory and Control of Chemicals Regulation, a scaled-down version of the European Union’s REACH regulation to establish an inventory of chemicals produced and imported into Turkey and to better control potential risks posed by those chemical substances. Adoption of the regulation is one of many steps Turkey is required to take to secure membership in the European Union. The authors of this article advise chemical manufacturers and importers to...

On January 6, 2010, the U.S. Environmental Protection Agency (EPA) promulgated a final rule amending the electronic reporting requirements under Section 5 of the Toxic Substances Control Act (TSCA) (available online). According to EPA, the amendments are intended to streamline and reduce the administrative costs and burdens of TSCA Section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA’s Central Data Exchange (CDX) to encrypt and...

In our memorandum dated January 6, 2010, we alerted you to a recent activity in New York in connection with the development of a “chemical avoidance list.” The list, which reportedly consists of approximately 85 chemicals, would include chemicals that New York government agencies should avoid buying. By way of background, last May the Advisory Council of the New York Interagency Committee on Sustainability and Green Procurement voted 9-1 to recommend adoption of the not-yet...

The January 8, 2010, issue of BNA Daily Environment Report quotes Charles Auer regarding the request from the European Economic Community’s World Trade Organization Technical Barriers to Trade Inquiry Point to extend the comment period on a proposed significant new use rule for two carbon nanotubes....

As is our custom, Bergeson & Campbell, P.C. is pleased to forward our thoughts on what may be in store this year from the U.S. Environmental Protection Agency’s Office of Prevention, Pesticides, and Toxic Substances. In light of the significant chemical management developments underway in the European Union, we are pleased that Ruxandra Cana and Koen Van Maldegem from the Brussels office of Field Fisher Waterhouse LLP have contributed their thoughts on what may be...

The New York Interagency Committee on Sustainability and Green Procurement has voted 9-1 to recommend a “chemical avoidance list,” which would be a list of 85 chemicals that New York government agencies should avoid buying. Listed chemicals would not be banned, but industry representatives have criticized the proposal, noting that the list would not address the actual risk from exposure. The Committee intends the list to comply with Governor David Paterson’s 2008 Executive...

In the January 5, 2010, issue of Chemical Watch, Lynn L. Bergeson describes the U.S. Environmental Protection Agency’s chemical action plans as “breathtaking in scope.” According to Bergeson, the fact that the Office of Management and Budget reviewed the action plans “portends potentially great and largely unfettered EPA activity in the months to come.”...

The January 5, 2010, issue of BNA Daily Environment Report quotes Charles Auer and Bergeson & Campbell, P.C.’s (B&C) December 31, 2009, memorandum regarding the action plans announced by the U.S. Environmental Protection Agency (EPA) on December 30, 2009. Auer described the action plans as “very ambitious” and noted that it remains to be seen whether EPA will have the staff and other resources to be as ambitious as it wants to be. In its memorandum, B&C stated:...

The U.S. Environmental Protection Agency (EPA) on December 30, 2009, issued a breathtaking series of action plans on “Risk List” chemicals that will shape future legislative proposals which industry will need to participate in and monitor....

True to her word, yesterday U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced action plans on phthalates, long-chain perfluorinated chemicals (PFC), polybrominated diphenyl ethers (PBDE) in products, and short-chain chlorinated paraffins (SCCP).  This EPA initiative announces actions that are almost breathtaking in scope, and its development and implementation of the action plan items will set a number of new precedents — and possibly shape future...

The Occupational Safety and Health Administration (OSHA) proposed on Sept. 30, 2009, to align the Hazard Communication Standard (HCS) with provisions of the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The HCS requires chemical manufacturers and importers to evaluate chemical hazards and provide information to subsequent users. The standard now requires employers to establish a hazard communication program for employees who are exposed to chemicals...

Publicly traded companies are required, under Securities and Exchange Commission (SEC) regulations, to disclose known and contingent material liabilities to ensure investors have reliable information on which to base their investment decisions. Increasingly, investor groups, nongovernment organizations (NGO), and others demand companies assess and disclose their financial risks from climate change. Following are recent developments advising that companies carefully consider how best to address...

Approximately 5.4 million cubic yards, or 1.1 billion gallons, of coal ash from the Tennessee Valley Authority (TVA) plant near Knoxville, Tenn., in December 2008 flooded some 300 acres of land, damaging property, polluting waterways, and killing fish. TVA will likely spend more than $500 million and perhaps as much as $1 billion dollars on the cleanup, says the U.S. Environmental Protection Agency (EPA). The TVA debacle was EPA’s wake-up call for potential hazards presented...