On December 20, 2012, U.S. Environmental Protection Agency (EPA) Administrator Jackson signed a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The rule has not yet been published in the Federal Register. 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 (RCRA) of...
The U.S. Environmental Protection Agency (EPA) announced on January 4, 2013, the availability of the first draft risk assessments developed under the Toxic Substances Control Act (TSCA) Work Plan. The draft risk assessments are for particular uses of five chemicals found in household products: methylene chloride or dichloromethane (DCM) and N-methylpyrrolidone (NMP) in paint stripper products; trichloroethylene (TCE) as a degreaser and a spray-on protective coating; antimony trioxide (ATO) as a...
On December 12, 2012, the U.S. Environmental Protection Agency (EPA) announced in a Federal Register notice the availability of a draft Pesticide Registration (PR) Notice entitled “Guidance for Antimicrobial Pesticide Products with Mold-Related Label Claims (Draft PR Notice). 77 Fed. Reg. 74003. The Draft PR Notice has some potentially alarming implications regarding the continued use of certain claims under the treated articles exemption that any registrants of active...
January 4, 2013
Lynn L. Bergeson, “Election Fallout: Regulatory Expectation After 2012 Election,” Pollution Engineering, January 4, 2013.
Since President Obama won on November 6, the forecast for Pollution Engineering readers is a bit clearer. Below are preliminary observations on what lies ahead regarding environmental issues at the legislative and regulatory levels....
January 1, 2013
Lynn L. Bergeson, “One Step Closer: California Proposes Safer Consumer Products Regulations,” Environmental Quality Management, Winter 2012.
The California Department of Toxic Substances Control (CDTSC) is one step closer to implementing the state’s Green Chemistry Initiative (GCI), which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. These are not “garden variety” chemical regulations that impose a restriction here or there to prevent a perceived risk. Far from it. These regulations are game-changers. They ultimately will transform the way manufacturers select raw materials and...
The U.S. Environmental Protection Agency (EPA) proposed on December 31, 2012, a new rule intended to address a long-standing enforcement issue that has vexed federal and state inspectors for years. 77 Fed. Reg. 76979. The proposed rule would require that active and inert ingredients permitted in products eligible for the exemption from registration under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 25(b)(2) for minimum risk pesticides be described more clearly on...
This is the first in a series of updates concerning compliance initiatives underway by the U.S. Food and Drug Administration (FDA) that affect various segments of the regulated industry. This issue focuses on court actions, Warning Letters, recalls, and other matters pertaining to dietary supplements. We will periodically outline actions and issues affecting prescription and over-the-counter (OTC) drugs, medical device and diagnostic products, food, cosmetics, animal drugs, and biologics....
Today, Office of Pollution Prevention and Toxics (OPPT) Director Wendy Cleland-Hamnett announced the U.S. Environmental Protection Agency’s (EPA) decision to withdraw the Toxic Substances Control Act (TSCA) Section 8(d) immediate final rule published on December 3, 2012. According to EPA’s letter responding to various entities’ request for either withdrawal or an extension of time within which to persuade EPA to remove the listing of cadmium and cadmium compounds from the model...
December 13, 2012
Lynn L. Bergeson, “EPA Keeps Close Eye on Cadmium,” Chemical Processing, December 13, 2012.
On December 3, 2012, the U.S. Environmental Protection Agency (EPA) continued its use of the Toxic Substances Control Act (TSCA) to regulate products (not just chemicals) in publishing a final rule adding cadmium and cadmium compounds to the TSCA Section 8(d) rule. In so doing, manufacturers and importers of cadmium must submit unpublished health and safety studies to the EPA (including use in materials that have been or are “reasonably likely” to be incorporated into...
On November 29-30, 2012, the Pesticide Program Dialogue Committee (PPDC) convened its semiannual meeting in the U.S. Environmental Protection Agency (EPA) offices in Arlington, Virginia. This memorandum summarizes the presentations and topics discussed during the meeting, which were organized into ten substantive sessions: Copies of the slides and handouts from the meeting are available on the PPDC website. Steve Bradbury, Director, Office of Pesticide Programs (OPP), opened the meeting by...