All Knowledge & Insights By Date

On December 9, 2022, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) published a notice responding to comments received on its initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations (HMR) that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ). 87 Fed. Reg. 75694. PHMSA also issued the first set of FAQs in final and...

On December 8, 2022, Chemical Watch quoted Todd J. Stedeford, Ph.D., DABT®, ERT, ATS, Of Counsel, Bergeson & Campbell, P.C. (B&C®), regarding a proposed Toxic Substances Control Act (TSCA) significant new use rule (SNUR) restricting the use of multiwalled carbon nanotubes (MWCNTs). Todd Stedeford, counsel with Bergeson & Campbell, said the challenges presented by the proposed Snur are “not necessarily” unique to renewable battery companies.  Each processor...

Download transcript. This week, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, returned to the studio to discuss the stubbornly vexatious problem of TSCA’s regulation of articles, a fancy name for products or finished goods. Most listeners to the podcast appreciate that this U.S. Environmental Protection Agency (EPA) Administration has specifically applied TSCA regulations to articles far more than in decades past. This policy pivot...

The U.S. Environmental Protection Agency (EPA) proposed on December 5, 2022, to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). 87 Fed. Reg. 74379. EPA notes that these PFAS already have a...

On November 23, 2022, the Court of Justice of the European Union (EU) announced a decision of the General Court that annuls the 2019 harmonized classification and labeling of titanium dioxide as a carcinogenic substance by inhalation in certain powder forms. According to the press release, the European Commission (EC) “made a manifest error in its assessment of the reliability and acceptability of the study on which the classification was based and, second, it infringed the criterion...

On December 1, 2022, Chemical Watch quoted Dennis R. Deziel, Senior Government Affairs Advisor, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) reduction of its annual pesticide registration maintenance fee to $2,400 for fiscal year 2023, down from $2,660 in the previous year.  Dennis Deziel, senior government affairs advisor at law firm Bergeson and Campbell, told Chemical Watch that Congress is...

On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency’s (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule.  Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27...

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). 87 Fed. Reg. 72439. EPA states that it seeks...

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal oxides (MMO), including new and modified cathode active materials (CAM). Under the Toxic Substances Control Act (TSCA), EPA reviews new chemical substances before they enter the marketplace to ensure they do not present unreasonable risk to human health or the...

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) published a much-anticipated supplemental notice of proposed rulemaking (SNPRM) to modify and supplement its 2021 proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. 87 Fed. Reg. 68647. EPA states that “[w]ith over five years of experience administering the TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and...