The U.S. 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 of both....
May 20, 2014
Lynn L. Bergeson, “Chemical Safety and Drinking Water Protection Act,” Pollution Engineering, May 20, 2014.
The tragic spill of a chemical into the Elk River in West Virginia that occurred on Jan. 9, 2014, has spurred the development of new legislation. On Jan. 27, 2014, Senators Joe Manchin (D-W.V.), Barbara Boxer (D-Calif.), Chair of the Environment and Public Works Committee, and Jay Rockefeller (D-W.V.) introduced the Chemical Safety and Drinking Water Protection Act of 2014. The regrettable spill and the mismanagement of the spill’s consequences by federal and state regulators...
May 19, 2014
J. Brian Xu, M.D., Ph.D., D.A.B.T., Joins Bergeson & Campbell, P.C. and The Acta Group as Toxicologist
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) are pleased to announce the addition of Brian Xu, Ph.D., to our firms. Dr. Xu, a board-certified toxicologist and medical doctor, will assist clients in developing and managing international projects involving U.S. Food and Drug Administration (FDA) and U.S. Environmental Protection Agency (EPA) regulated consumer products, pharmaceuticals, cosmetics, industrial and specialty chemicals, agrochemicals, and antimicrobials. Dr. Xu...
The European Chemicals Agency (ECHA) Biocidal Products Committee (BPC) adopted an opinion on April 10, 2014, concerning HeiQ AGS-20 (AGS-20). See http://echa.europa.eu/documents/10162/21680461/bpc_opinion_heiq_ags-20_en.pdf....
On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the Subcommittee, released CICA2 on April 22, 2014. According to Shimkus, since he first released the discussion draft in March 2014 (CICA1), he has been working on a bipartisan basis to find common ground to reform the Toxic Substances...
April 24, 2014
EU Biocidal Products Regulation Webinar: What It Means for Industry and How It Compares to U.S. Regulation
Wednesday, April 30, 2014, from 1:00 p.m. – 2:30 p.m. The European Union (EU) Biocidal Products Regulation (BPR) dramatically changes the way biocidal active substances and products, as well as many products not traditionally considered biocidal products, are regulated under European law. Practical aspects of this new regulatory system are subtly different from those in other jurisdictions, EU neighboring countries, and the U.S. Companies exporting to the EU as a component of their global...
April 24, 2014
TSCA Reform: An In-Depth Analysis of the Revised Chemicals in Commerce Act Discussion Draft
On April 22, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, announced that the Subcommittee will hold a hearing on April 29, 2014, to review a revised draft of the Chemicals in Commerce Act (CICA2). According to Shimkus, the revised draft “reflects suggestions from members on both sides of the aisle, as well as stakeholders and the administration.” CICA would reform the Toxic Substances Control Act...
April 23, 2014
Enforceable Consent Agreement: EPA Issues Testing Enforceable Consent Order for D4 — With Some Interesting Twists
The U.S. Environmental Protection Agency (EPA) published a notice on April 4, 2014, announcing that it issued a testing consent order that incorporates an enforceable consent agreement (ECA) for octamethylcyclotetrasiloxane (D4), a chemical intermediate and component of personal care products. 79 Fed. Reg. 18822. There are two big take away messages here. First, that EPA issued a testing order at all under Toxic Substances Control Act (TSCA) Section 4 is big news as none has...
April 22, 2014
Lynn L. Bergeson, “TSCA Reform: Do It Now, Or It May Never Be Done,” ELI Forum, May/June, 2014.
Whatever window of opportunity exists to reform the Toxic Substances Control Act is closing. This is not only because the mid-term elections are fast approaching, or that there are too few legislative days left this session, or even that Congress is polarized and achieving passage of complicated chemical legislation seems intuitively beyond reach. It is also because of the emergence of international and state chemical management frameworks. This article is from the Environmental Law...
April 10, 2014
Lynn L. Bergeson, “Chemical Compliance: California Calls for Changes to Prop 65,” Chemical Processing, April 10, 2014.
On March 7, 2014, the California Office of Environmental Health Hazard Assessment (OEHHA) released a proposal for a draft regulation amending Proposition 65 regulations. The proposal seeks changes to the warning requirements to include more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their exposure to these chemicals. This column explains this proposal...