All Knowledge & Insights By Date

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are proud to be sponsors, presenters, and/or exhibitors at a select number of special events this Fall that will present focused education and guidance on key issues: WEBINAR — Regulation of Nanotechnology: Practical Information for Industry, Researchers and Other Stakeholders, October 16, 2014, 1:00 p.m. – 2:30 p.m. (EDT) This webinar, presented by the Air & Waste Management Association...

The United States Environmental Protection Agency (EPA) published in the May 19, 2014, Federal Register an advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. According to EPA, this mechanism could be regulatory (under Sections 8(a) and/or 8(d) of the Toxic Substances Control Act (TSCA)), voluntary, or a combination...

Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson in an October 8, 2014 story regarding the Environmental Protection Agency’s (EPA) recent withdrawal of a reporting rule regarding nanoscale materials that it submitted to the Office of Management and Budget (OMB) four years ago, and the significant new use rule (SNUR) it proposed the same day as the withdrawal (RIN No. 2070-AJ54). ‘‘ ‘Some of us had speculated that EPA had given up the ghost,’...

On Aug. 25, 2014, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule seeking to harmonize the hazardous materials regulations (HMR) with international regulations and standards. The rule would revise proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements....

Lynn L. Bergeson was quoted in Law360 discussing the recently released proposals to update the Toxic Substances Control Act (TSCA). “‘Electing to eliminate any preemptive effect virtually assures the propagation of inconsistent, random state and local chemical regulations,’ Lynn Bergeson, managing partner of Bergeson & Campbell PC, said. ‘The patchwork approach to state and local regulations is the nemesis of the business community and a key driver for TSCA reform.’ Bergeson...

On October 1, 2014, the U.S. Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13 NPs and NPEs, EPA would designate any use as a “significant new use,” and for two additional NPs, EPA would designate that any use other than use as an intermediate or use as an epoxy cure catalyst would constitute a “significant new...

Chemical Watch quoted Lynn L. Bergeson discussing California’s influence on US and world regulatory programs: ” ‘In a word, size matters,’ said Lynn L. Bergeson. ‘California’s economy is the eighth largest in the world if it is compared to those of whole countries, and it accounts for 13% of US gross domestic product (GDP). The state has a rich, and well-deserved, reputation as a trendsetter. Its approach to the regulation of volatile organic...

Following the release last week of our Firm Clients and Friends Memorandum “Summary of Changes in the Chemical Safety Improvement Act (CSIA, S. 1009) and the Boxer TSCA Version Released September 18, 2014,” Bergeson & Campbell, P.C. (B&C®) received copies of a number of documents relating to what is now described as the “Udall-Vitter Discussion Draft” (U-V DD) of the original CSIA (CSIA1). The documents obtained include: This Memorandum briefly summarizes these...

Synthetic biology is delivering on its promise as an emerging scientific field in providing society with effective new sustainable products in diverse areas including renewable energy, contamination remediation, and medical applications, among others. As is the case with any rapidly evolving technology, the pace of technological innovation challenges regulators’ ability to identify and address adequately the substantial uncertainties they confront when discharging their legal obligations under...

On July 31, 2014, EPA published a Request for Information (RFI) seeking information and data on potential revisions to its Clean Air Act (CAA) Risk Management Program (RMP) regulations and related programs. In the RFI, EPA asks for information on specific regulatory elements and on Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) approaches, the public and environmental health and safety risks they address, and the costs and burdens they may impose. This...