On June 17, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “California Agency to Look at TSCA Reform Impacts on Safer Consumer Products Effort.” Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions. It wouldn’t extend to state laws that require reporting or monitoring....
On June 16, 2016, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), was quoted in the Chemical Watch article “EPA Implementation Of TSCA To Be ‘Enormous Undertaking.’” The Lautenberg Act sets out “very aggressive deadlines” that will “not be easy to meet”, agreed Jim Aidala – a former Assistant Administrator for the EPA Office of Prevention, Pesticides, and Toxic Substances (OPPTS) and senior government...
On June 16, 2016, Lynn L, Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article, “California Agency Examining Impacts of TSCA-Reform Bill.” Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions. It wouldn't extend to state laws that require reporting or monitoring. “That said, TSCA preemption would...
On June 7, 2016, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) by voice vote and sent it to President Obama for signature. As reported in our memorandum, "An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA," the Act includes new requirements in Sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). These new requirements, among others, will need to be met in promulgating currently proposed regulations, as well...
June 15, 2016
Lynn L. Bergeson, “In-House Counsel Beware: TSCA Reform Impacts Everyone,” Law360, June 15, 2016 .
In-house counsel unfamiliar with the tsunami-like changes in domestic chemical management headed our way soon may wish to read this article. If you think for a second that the extensive revisions to the Toxic Substances Control Act (TSCA) expected to be enacted imminently do not impact your legal practice or your client’s business operations, think again. TSCA reform impacts virtually every business sector in the United States, and will continue to do so for years to come. Here are the reasons...
On June 15, 2016, Bergeson & Campbell P.C.’s (B&C®) memoranda, “TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA,” was quoted in the Inside EPA article, “Questions Linger On EPA Approach To TSCA Bill's New Chemicals Program.” "While Lautenberg appears to afford EPA the discretion needed to fashion an appropriate transitional policy for disposing of currently pending and suspended Section 5 notices, it does not require EPA to...
On June 14, 2016, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented “U.S. Market Pressure and the Battle between Hazard and Risk” at the 2016 Green Chemistry & Engineering Conference. Dr. Engler discussed the various risk-based regulations at play in the U.S., including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), the Toxic Substances Control...
June 13, 2016
OSHA Issues Final Rule To Improve Tracking Of Workplace Injuries And Illnesses And Other Recent OSHA Developments
EPA Makes Final Revisions To EPCRA Hazard Categories: On June 13, 2016, the U.S. Environmental Protection Agency (EPA) issued final revisions to EPCRA Sections 311 and 312 occasioned by changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). 81 Fed. Reg. 38104. Under the revised HCS, chemical manufacturers and importers are required to evaluate their chemicals according to the new criteria adopted from the United Nations (UN) Globally...
On June 13, 2016, the Bloomberg BNA Daily Environment Report article, “TSCA Changes May Alter Pending Chemical Rules for Articles,” included comments by Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®). The EPA may need to conduct new analyses to support its proposed rules or the agency may need to re-propose them in light of changes the TSCA-reform bill would make to the criteria the agency should use when regulating manufactured goods, or...
June 10, 2016
EPA Extends Comment Period On RCRA Corrosive Dust Petition For Six Months And Other Recent RCRA Developments
EPA Extends Comment Period On RCRA Corrosive Dust Petition For Six Months: The U.S. Environmental Protection Agency (EPA) on June 10, 2016, extended until December 7, 2016, the comment period on its April 11, 2016 (81 Fed. Reg. 21295) tentative denial of a petition by Public Employees for Environmental Responsibility (PEER) to amend regulations under 40 C.F.R. § 261.22 regarding the definition of corrosive hazardous wastes under the Resource Conservation and Recovery Act (RCRA). 81...