April 12, 2013

Lautenberg Reintroduces TSCA Reform Bill Absent GOP Support

Pesticide and Chemical Policy quoted Lynn L. Bergeson in their April 12, 2013 Daily News Alert article on the reintroduced Safe Chemicals Act: “The Lautenberg bill is “the same as it ever was ... and offers no changes from what was passed," says Lynn Bergeson. "It is discouraging there is nothing new." But something new could be coming soon, specifically a Republican proposal to revamp TSCA from Sen. David Vitter (R-LA), the ranking member of the EPW committee. Details have been few and...
April 12, 2013

DTSC Releases Revised Proposed Safer Consumer Products Regulations

On April 10, 2013, the California Department of Toxic Substances Control (DTSC) released what many believe to be the last revisions to the proposed Safer Consumer Products Regulations (Revised Proposed Regulations). The Revised Proposed Regulations are subject to a 15-day comment period, ending April 25, 2013. Memoranda providing background information are available online. The Revised Proposed Regulations are available online. In summary, DTSC has not made many significant...
April 11, 2013

Senator Lautenberg Reintroduces Safe Chemicals Act

On April 10, 2013, Senator Frank R. Lautenberg (D-NJ) reintroduced the Safe Chemicals Act (S. 696), which would reform the Toxic Substances Control Act (TSCA) and is identical to legislation (S. 847) reported favorably out of the Senate Environment and Public Works (EPW) Committee on a party-line vote in the 112th Congress. In his April 10, 2013, press release, Senator Lautenberg states that, compared to earlier versions of the legislation, the Safe Chemicals Act of 2013 "includes a number of...
April 1, 2013

Lynn L. Bergeson, “Obama’s Second Term: What Does It Mean for US EPA and the Regulated Community?,” Environmental Quality Management, Spring 2013.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels.
April 1, 2013

Lynn L. Bergeson, “EPA Proposes 2013 Renewable Fuel Standards and Voluntary Quality Assurance Program,” Manufacturing Today, April 2013.

On Feb. 7, 2013, EPA proposed 2013 renewable fuel standards for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2013. (78 Fed. Reg. 9282.) The proposal would require producers, importers and distributors of gasoline and diesel to add larger proportions of renewable fuel to their fuel products. EPA has also proposed, in a separate rulemaking signed on Jan. 31, 2013, an alternative voluntary...
April 1, 2013

Lynn L. Bergeson, “Landmark Ruling Affects Pesticide Makers,” Chemical Processing, April 2013.

On February 21, 2013, the Fourth Circuit Court of Appeals issued a landmark decision in Dow Agrosciences v. National Marine Fisheries Service (NMFS). It set aside a Biological Opinion (BiOp) prepared by the NMFS that found use of pesticides chlorpyrifos, diazinon, and malathion could jeopardize certain species of salmon and their habitat. The decision will have significant implications for the government and pesticide registrants alike. Here’s why.
April 1, 2013

Lynn L. Bergeson, “EPA Revises Rules for Waste Incineration,” Pollution Engineering, April 2013.

On Dec. 20, 2012, EPA issued a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The final rule accomplishes two broad goals: it revises the Clean Air Act (CAA) emission limits for CISWIs, and it revises the definition under the Resource Conservation and Recovery Act of nonhazardous secondary material (NHSM). This column discusses the CAA aspects of the rule. More information regarding the adjustments for...
March 27, 2013

EPA Announces List of Chemicals for Assessment in 2013

On March 27, 2013, as part of the Toxic Substances Control Act (TSCA) Work Plan, the U.S. Environmental Protection Agency (EPA) announced that it will begin assessments on 23 chemicals, with a specific focus on flame retardant chemicals. According to EPA's press release, EPA will evaluate 20 flame retardant chemicals, conducting full risk assessments for four of the flame retardants, three of which are on the TSCA Work Plan, and one of which was the subject of an Action Plan. In addition to the...
March 25, 2013

EPA Urged to Seek Discourse on Fractions Before Enforcing Alleged Notice Violations

The March 25, 2013, issue of Bloomberg BNA Daily Environment Report quoted Lynn L. BergesonKathleen M. Roberts, and Charles Auer in a special report on EPA’s increased interest in fractions. The article also referenced B&C’s March 11 memorandum on the enforcement effort, and the newly-formed coalition Alliance for Chemical Nomenclature (AChN), launched by B&C Consortia Management to address efforts by regulators around the world to seek greater precision in the names and...
March 21, 2013

EPA Previews New Website for Consolidated Chemical Data Access

The U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) convened an in-person and on-line public forum today to discuss OPPT's ongoing efforts to develop an interactive public website. The website would integrate a wide range of chemical data collected and EPA assessments conducted under Toxic Substances Control Act (TSCA) programs, as supplemented by additional EPA resources such as the Integrated Risk Information System (IRIS) and the Toxics Release...