While regulators are generally supportive of new chemistries that can replace older, petroleum-based ones, biobased chemicals are subject to the same Toxic Substances Control Act (TSCA) that governs every other chemical substance in the United States. Surprisingly, biobased chemicals that are considered to be “new chemicals” may actually receive more scrutiny under this law than established chemicals do. The following article provides practical information about the TSCA provisions that are...
Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed -- a great product, a great brand, inspiring leadership, and vision -- biobased product companies need to understand how the U.S. Environmental...
August 1, 2013
Lynn L. Bergeson, “The Chemical Safety Improvement Act,” Pollution Engineering, August 1, 2013.
Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ) introduced S. 1009, the Chemical Safety Improvement Act (CSIA), in May 2013. The CSIA provides a new approach to Toxic Substances Control Act (TSCA) reform that, to date, has met with broad stakeholder approval. Highlights of the draft bill are below.
The U.S. International Trade Commission (ITC) published a notice in the July 30, 2013, Federal Register announcing that, following receipt of a letter from the United States Trade Representative (USTR), it instituted investigation No. 332-541, "Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union."
July 16, 2013
Lynn L. Bergeson to speak at the General Accounting Office (GAO) Comptroller General Forum on Nanotechnology Manufacturing
Lynn L. Bergeson has been invited to give a presentation on “Nanomanufacturing and the Environment” at a Congressionally-requested forum conducted by GAO with the assistance of the National Academies. The goal of the forum, to be held July 23 - 24, 2013, in Washington, D.C., is to help Congress and the United States keep pace with the potentially transformative, fast moving wave of future developments in nanotechnology.
On July 11, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on "Regulation of New Chemicals, Protection of Confidential Business Information, and Innovation." The Subcommittee held a June 13, 2013, oversight hearing on Title I of the Toxic Substances Control Act (TSCA). The July 11, 2013, hearing was intended to provide the Subcommittee an opportunity to examine the regulatory implementation and "real world" implications of TSCA Section 5, which...
July 10, 2013
Lynn L. Bergeson, “Isotope Fact Sheet Warrants a Close Look,” Chemical Processing, July 10, 2013.
The U.S. Environmental Protection Agency (EPA) recently released a fact sheet (www.epa.gov/oppt/newchems/pubs/isotopes.pdf) on reporting chemical substances that contain different isotopes of the same elements listed on the Toxic Substances Control Act (TSCA) Inventory. The document has enforcement consequences, so stakeholders should review it carefully. This column explains its significance.
The July 1, 2013, issue of Bloomberg BNA Daily Environment Report featured comments from the BNA webinar called “Toxic Substances Control Act Premanufacture Notifications: The New State of Play,” moderated by Lynn L. Bergeson. “The Environmental Protection Agency should work with chemical manufacturers and other parties to address some core issues complicating regulatory compliance for biobased and other chemical manufacturers, an attorney and an expert in chemical control regulations...
July 1, 2013
Bergeson & Campbell, P.C., “Comments on K-REACH and Lessons from EU REACH,” Compliance & Risks Connect, July 2013.
As with many countries, Korea is pursuing a chemicals management approach that ensures substances being placed on its market are assessed for risk potential based on its use patterns while placing the burden of safe use on chemical businesses.
July 1, 2013
Lynn L. Bergeson, “GAO to EPA, Improve Chemical Controls,” Pollution Engineering, July 1, 2013.
On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report entitled “Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach.” The report is available at www.gao.gov/products/GAO-13-249. This article summarizes the findings and its implications.