On April 20, 2016, Lynn L. Bergeson presented on the regulatory framework created by reforming the Toxic Substances Control Act (TSCA) at the 2016 Adhesive and Sealant Council (ASC) Spring Conference. Throughout the course of the presentation, “The New TSCA Regulatory Framework Post-TSCA Reform,” Ms. Bergeson discussed the future of chemical management under TSCA regardless of when action is taken to implement TSCA reform. The presentation covered TSCA’s core provisions and authorities;...
April 21, 2016
Lynn L. Bergeson, “SNWG Submits Comments on NIOSH Draft CIB on Silver Nanomaterials,” Nanotechnology Now, April 21, 2016.
On April 18, 2016, the Silver Nanotechnology Working Group (SNWG) submitted comments on the National Institute for Occupational Safety and Health’s (NIOSH) draft NIOSH Current Intelligence Bulletin: Health Effects of Occupational Exposure to Silver Nanomaterials. See https://www.regulations.gov/#!documentDetail;D=CDC-2016-0001-0017 and https://www.regulations.gov/#!documentDetail;D=CDC-2016-0001-0002 The draft Current Intelligence Bulletin (CIB) includes a review and...
April 15, 2016
Jim Aidala Presents “FQPA 20 Years Later: The Evolution Of Science” At CropLife America Spring Conference
On April 14, 2016, James V. Aidala, Senior Government Affairs Consultant at Bergeson & Campbell, P.C., presented regarding the evolution of the Food Quality Protection Act (FQPA) at the CropLife RISE Spring Conference in Arlington, Virginia. FQPA was created to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the Federal Food, Drug, and Cosmetic Act (FFDCA). During “FQPA 20 Years Later: The Evolution of Science,” Mr. Aidala discussed the history and creation of...
On April 15, 2016, Bloomberg BNA Daily Environment Report published “European Commission Sets Out Terminology for Nanomaterial Assessment,” an article focusing on the EC Joint Research Center’s release of definitions for 43 nanotechnology risk assessment terms. […]JRC technical reports are respected resources that have demonstrable value, and can be widely used, but it has no binding legal effect, Lynn Bergeson, managing partner of the U.S.-headquartered law firm Bergeson &...
April 15, 2016
Lynn L. Bergeson, “OSHA Revises Silica Standards,” Chemical Processing, April 15, 2016.
On March 25, 2016, the U.S. Occupational Safety and Health Administration (OSHA) issued its long-awaited revised standards for occupational exposure to respirable crystalline silica (81 Fed. Reg. 16286). OSHA issued two separate standards — one for general industry and maritime, and the other for the construction industry — to tailor requirements to the unique circumstances found in these sectors. The rule impacts more than 2.3-million American workers across a wide spectrum of industries,...
April 11, 2016
FIFRA: EPA Announces Updated Guidance for Antimicrobial Pesticide Products Intended to Combat Emerging Pathogens
In response to the increasing concerns regarding emerging viral pathogens that are not on U.S. Environmental Protection Agency (EPA)-registered disinfectant labels, EPA announced on April 7, 2016, that it was updating its Guidance regarding emerging viral pathogens. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), EPA is authorized to evaluate the efficacy of antimicrobial products intended to control pathogens that can be detrimental to public health. Many believe...
On April 5, 2016, Inside EPA included comments from a Pesticide Law and Policy Blog post written by B&C partner Lisa Campbell and B&C attorney Timothy Backstrom in the article “Bayer Eyes Rare FIFRA Hearing To Challenge EPA Pesticide Cancellation.” Observers tracking the case say that whether the Office of Administrative Law Judges (ALJ) requires EPA to follow the lengthier cancellation process under FIFRA section 6(b) could inform...
On April 4, 2016, the U.S. Environmental Protection Agency (EPA) published its updated Recommended Aquatic Life Ambient Water Quality Criteria for Cadmium — 2016 under Section 304(a) of the Clean Water Act (CWA). 81 Fed. Reg. 19176. The updated cadmium criteria recommendations replace the criteria values that EPA last issued in 2001. The CWA directs EPA to develop, publish, and periodically revise the ambient water quality criteria for aquatic life and human health that best...
April 5, 2016
BRAG Petition Succeeds: EPA Expands Chemical Data Reporting Exemptions To Biodiesel Products
On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule amends the list of chemical substances that are partially exempt from additional reporting requirements under the Chemical Data Reporting (CDR) rule. The rule applies to six biodiesel chemicals that are very similar to petroleum based biodiesel chemicals that are...
April 5, 2016
Proposition 65: OEHHA Proposes Revisions to Its Proposed Proposition 65 Warning Regulations
On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) modified its November 27, 2015, proposed rule that would repeal and replace the Proposition 65 (Prop 65) Article 6 regulations covering “clear and reasonable warnings” requirements. OEHHA states that the proposed changes are based on its response to the written comments it received on the proposed rule, and on oral comments provided during a January 13, 2016, public hearing. The...