Today the U.S. Environmental Protection Agency (EPA) announced that EPA Administrator Lisa Jackson signed a final rule that would require reporting of greenhouse gas (GHG) emissions from all sectors of the economy. The prepublication version of the final rule states that it applies to fossil fuel suppliers and industrial gas suppliers, direct GHG emitters, and manufacturers of heavy-duty and off-road vehicles and engines. The rule does not require control of GHG, “rather it...
On September 18, 2009, the United States Environmental Protection Agency (EPA) issued a Federal Register notice promulgating direct final significant new use rules (SNUR) for 12 chemical substances under Section 5(a)(2) of the Toxic Substances Control Act (TSCA).1 For two of the 12 substances, EPA issued final SNURs that set forth the same exposure controls that were negotiated with the initial premanufacture notice (PMN) submitter through “risk-based” TSCA Section 5(e)...
The U.S. Environmental Protection Agency (EPA) announced in a September 16, 2009, Federal Register notice that the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) will meet November 3-6, 2009, “to consider and review a set of scientific issues related to the assessment of hazard and exposure associated with nanosilver and other nanometal pesticide products.” Nominations of candidates to serve as ad hoc SAP members for this meeting are...
September 16, 2009
ECHA Press Releases Concerning Good Practice and Clarification to Avoid Unnecessary Animal Tests
Yesterday the European Chemicals Agency (ECHA) issued two press releases, one announcing that over 500 companies met to share best practice, and another regarding a clarification to avoid unnecessary animal tests. This memorandum briefly summarizes the press releases, which are available online, and here. The European Commission and ECHA organized a meeting for lead registrants and candidate lead registrants to share their experience on taking the lead in developing joint...
The September 15, 2009, issue of Risk Policy Report announces that Charles Auer, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), has affiliated with Bergeson & Campbell, P.C. (B&C) and its consulting affiliates, The Acta Group, L.L.C. (Acta) and The Acta Group EU, Ltd (Acta EU).
September 9, 2009
FORMER EPA OFFICIAL CHARLES M. AUER TO AFFILIATE WITH BERGESON & CAMPBELL, P.C., THE ACTA GROUP, L.L.C., AND THE ACTA GROUP EU, LTD
Mr. Auer Brings Experience and Depth to Chemical and Related Environmental Regulatory and Policy IssuesCharles M. Auer, former Director of the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT), Office of Prevention, Pesticides, and Toxic Substances (OPPTS), and currently President of Charles Auer & Associates, LLC, has affiliated with Bergeson & Campbell, P.C. (B&C) and its consulting affiliates, The Acta Group, L.L.C. (Acta) and The Acta...
On September 1, 2009, the United Kingdom Health and Safety Executive (HSE) announced proposed revisions to the Biocidal Product Regulations 2001, which implement the European Union’s Biocidal Products Directive 98/8/EC concerning the harmonization of the European market for biocidal products. The revisions would keep biocides on the market after May 14, 2010; update references in the 2001 regulations; and adjust the 2001 regulations. According to HSE, the proposed revisions do...
Today the European Chemicals Agency (ECHA) published Annex XV dossiers for the identification of 15 chemicals as substances of very high concern (SVHC) under the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation. The substances were proposed by European Union member states and the European Commission, and are identified as carcinogenic, mutagenic, or toxic to reproduction (CMR), or persistent, bioaccumulative, and toxic (PBT). ECHA asks that...
September 1, 2009
Lynn L. Bergeson, “Green Nanotechnology: Straddling Promise and Uncertainty,” Natural Resources & Environment, Fall, 2009.
This article describes green nanotechnology and discusses the reasons why traditional chemicals-assessment and management approaches may not be adequate in all cases in the near term when applied to nanomaterials. It outlines the reasons why green nanotechnology may serve as an alternative approach to chemicals assessment when applied to nanomaterials and suggests some measures to advance the goals of green nanotechnology.
September 1, 2009
Lynn L. Bergeson, “Conquering Heroic Challenges: A Look at Hot Legal and Regulatory Issues You Need to Know,” NACD Chemical Distributor, September, 2009.
If the National Association of Chemical Distributors (NACD) had to select a song today that best reflects a typical member’s profile, it would have to be “It’s Not Easy To Be Me”. Challenged commercially by the credit crunch, escalating energy, labor, and raw material costs, squeezed by market pressures spawned by a badly damaged economy, and reeling from legal and regulatory challenges that are mushrooming exponentially, NACD members really do need red capes emblazoned with the...