On May 29, 2015, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published the “Interim Enforcement Guidance for Hazard Communication 2012 (HCS 2012) June 1, 2015 Effective Date” (Interim Guidance). This is a follow-up document to the February 9, 2015, “Enforcement Guidance for the Hazard Communication Standard’s (HCS) June 1, 2015 Effective Date” (Enforcement Guidance). The Interim Guidance offers clarity on a few specific...
The Acta Group (Acta®) is pleased to offer to ChemCon Asia 2015 attendees a complimentary 30-minute private session with Acta professionals and Acta’s South Korean-based affiliate, SHES Chemical Consulting (SHES), to answer questions relating to K-REACH, European Union REACH, TSCA, or other Asian chemical notification/regulation programs, as requested. This service is offered free of charge, provides an excellent opportunity to maximize your attendance at ChemCon, and is...
Lynn L. Bergeson was quoted in “Pick Your Poison,” an article in the Summer 2015 Washington Monthly discussing Toxic Substances Control Act (TSCA) modernization. In the absence of appropriate federal protections, states have stepped into the breach, promulgating their own rules. Under current TSCA regulations, unless and until the EPA regulates a chemical, states can issue their own limits. Those that have done so include California, New York, Vermont, Washington, Massachusetts,...
May 27, 2015
BNA Daily Environment Report Includes B&C Analysis in Article on TSCA Modernization Act
The May 27, 2015, Bloomberg BNA Daily Environment Report article “TSCA Modernization Act Introduced in House; Key Republicans, Democrats Back Legislation,” included quotes from the B&C analysis “TSCA Reform: Detailed Review of Representative Shimkus’ Second Discussion Draft of TSCA Reform Legislation.” Time remains to address pragmatic implementation concerns in the House’s “almost surgical” TSCA-reform bill as well as the more expansive Senate bill, the...
Bergeson & Campbell, P.C. (B&C®) is a proud supporter of the Sustainable Nanotechnology Organization (SNO) and we enthusiastically recommend that you consider joining and becoming part of the SNO family during the 2015 membership drive, running now through July 3, 2015. Lynn L. Bergeson, Managing Partner of B&C, has served on the Governance Board since SNO’s founding in 2012. SNO’s purpose is unique. It is the only organization devoted exclusively to...
May 26, 2015
Lynn L. Bergeson, “EPA Conditionally Registers Nanosilver Pesticide Product,” Nanotechnology Now, May 26, 2015.
On May 19, 2015, the U.S. Environmental Protection Agency (EPA) announced that it issued a conditional registration for a nanosilver-containing antimicrobial pesticide product named “NSPW-L30SS,” or “Nanosilva.”...
May 20, 2015
TSCA Reform: Detailed Review of Representative Shimkus’ Second Discussion Draft of TSCA Reform Legislation
On May 12, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a new (second) draft of the TSCA Modernization Act of 2015 (TMA2 DD). In April, Shimkus released an initial discussion draft of the TSCA Modernization Act of 2015 (TMA1); our memorandum on TMA1 is available online. In the previous Congress, Shimkus introduced first a discussion draft of the Chemicals in Commerce Act (CICA1), and then a...
The U.S. Occupational Safety and Health Administration’s (OSHA) Hazard Communication Standard (HCS) deadline of June 1, 2015, is fast approaching. Below is a brief summary of what is at stake, and what needs to be in place by the deadline. On March 26, 2012, OSHA issued a final rule modifying its HCS to conform to the United Nations’ Globally Harmonized System of Classification and Labeling of Chemicals (GHS), Revision 3. In the final rule, OSHA drastically...
Lynn L. Bergeson has once again been awarded a Band 1 ranking, the highest attainable, among Washington, D.C. environmental lawyers by Chambers USA Guide 2015. This is Ms. Bergeson’s tenth consecutive year of being ranked by Chambers USA as one of the best lawyers in America. In the commentary accompanying her 2015 ranking, Chambers asserts “Lynn Bergeson of Bergeson & Campbell PC has developed an enviable reputation in the chemical regulation area and frequently advises on...
In the second installment of this series, I wrote about how the Toxic Substances Control Act (TSCA) regulates products across a manufacturing process, from feedstock to product. In this last installment, I present options for updating TSCA and the related implementing regulations to put novel, biobased chemistry on an even footing with incumbent products and processes that were grandfathered in as part of the original TSCA Inventory. The key is to find a way to level the field...