Lynn L. Bergeson Joins Product Stewardship Society Board of Directors Stewardship 2015, June 1-3, 2015, Salt Lake City, Utah, is the only national conference dedicated to educating and equipping product stewards, industrial hygienists, environmental health and safety (EHS) professionals, and others involved in the day-to-day work of product stewardship. Stewardship 2015 is co-located with AIHce2015, the premiere conference and exposition for occupational and EHS professionals....
April 13, 2015
Lynn L. Bergeson, “EPA Eyes Nanoscale Materials,” Chemical Processing, April 13, 2015.
On April 6, 2015, the U.S. Environmental Protection Agency (EPA) proposed a Toxic Substances Control Act (TSCA) Section 8(a) rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale.
On April 9, 2015, the European Commission (EC) Scientific Committee on Emerging and Newly Identified Health Risks (SCENIHR) posted a Position Statement on emerging and newly identified health risks to be drawn to the attention of the European Commission.
On October 1, 2014, the US Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) for certain related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE) (Federal Register [Fed. Reg.], 2014). For 13 NPs and NPEs, the EPA would designate any use as a “significant new use,” and for two additional NPs, the EPA would designate that any use other than use as an intermediate or use as an...
On April 7, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a Discussion Draft of the "TSCA Modernization Act of 2015" (TMA DD). In the previous Congress, Shimkus introduced first a discussion draft of the Chemicals in Commerce Act (CICA1), and then a revised discussion draft of the bill, CICA2. In addition, Shimkus held "countless" hearings concerning reform of the Toxic Substances Control Act...
On June 24, 2014, the U.S. Food and Drug Administration (FDA) issued three final guidance documents and one draft guidance document that FDA believes will provide greater regulatory clarity for industry and other stakeholders on the use of nanotechnology in FDA-regulated products. In this article, Lynn Bergeson and Carla N. Hutton review the recent guidance and highlight important considerations.
The U.S. Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale was published in the April 6, 2015, Federal Register. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production...
On April 1, 2015, the Korean Ministry of Environment submitted the list of priority existing substances for consultation in accordance with Article 9 of Korea's Registration, Evaluation, Authorization, and Restriction of Chemicals (K-REACH) regulation. The list identifies in Korean and English 518 phase-in (existing) substances that are considered a priority and thus part of the first phase of registration under K-REACH. The deadline for submitting comments is April 30, 2015, and...
April 7, 2015
Oil Price Information Network Features Richard E. Engler, Ph.D., in “TSCA Nomenclature May be Barrier for Advanced Biofuels”
The Oil Price Information Network (OPIS) spoke with Richard E. Engler, Ph.D. , Senior Policy Advisor for Bergeson & Campbell, P.C., regarding the application of the Toxic Substances Control Act (TSCA) to oils made from algae feedstocks and other non-traditional bio-materials. The resulting article in the OPIS Ethanol & Biodiesel Newsletter is reprinted below, with permission from OPIS. TSCA Nomenclature May Be Barrier for Advanced Biofuels Any...
April 7, 2015
BNA Daily Environment Report Coverage of Science & the Congress Briefing Quotes Lynn L. Bergeson
The April 7, 2015, Bloomberg BNA Daily Environment Report story "Innovation Outpacing Regulatory Systems; Modernized TSCA, New Data Said to Help," reported on "21st Century Understanding of Chemicals," a congressional briefing hosted by the American Chemical Society (ACS) Science & the Congress Project. Lynn L. Bergeson’s comments at the congressional briefing were quoted. The Environmental Protection Agency has taken eight times longer to approve new nanoengineered...
The U.S. Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale was published in the April 6, 2015, Federal Register.
On April 6, 2015, the U.S. Environmental Protection Agency (EPA) issued a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production volume, methods...
House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia's entire House of Representatives delegation re-introduced a bill that is intended "to stop the federal Environmental Protection Agency's unprecedented overreach," according to the bill's sponsor, David McKinley (R-WV). The bill (H.R. 1203) would amend the U.S. Environmental Protection Agency's (EPA) authority to revoke permits issued under the Clean Water Act...
The resurgence of chemical production derived from renewable feedstocks reflects the new business imperatives of which chemical product manufacturers are all keenly aware: produce greener chemicals and reduce carbon footprints. Careful review of the Toxic Substances Control Act (TSCA), a law enacted almost forty years ago during the heyday of petroleum-derived chemical production, suggests that more can be done now to promote the commercialization of renewable chemicals to achieve these...
April 2, 2015
ECHA Publishes List Of Pending Article 95 Applications and Other Recent BPR Developments
ECHA Publishes List Of Pending Article 95 Applications:The European Chemicals Agency (ECHA) announced in a March 31, 2015 press release, that to increase transparency ahead of the September 1, 2015, deadline for the compliance with Biocidal Products Regulation (BPR) Article 95, it has published a list of all pending Article 95 applications. The list contains applications for which the ECHA has not yet taken a decision, and ECHA will update it regularly. ECHA will synchronize its publication...
In the March 30, 2015 BNA Daily Environment Report Special Report “Questions About Fees, Hiring Staff Among Issues Raised by TSCA Reform Bills,” a reporter spoke with James V. Aidala , Senior Government Consultant with B&C and former Assistant Administrator for EPA's Office of Prevention, Pesticides, and Toxic Substances (OPPTS) (now the Office of Chemical Safety and Pollution Prevention). To secure money from the fees, the EPA’s chemicals office will have to...
March 30, 2015
Lynn L. Bergeson, “USDA NOP Releases New Policy Memo on Nanotechnology,” Nanotechnology Now, March 30, 2015.
The U.S. Department of Agriculture (USDA) National Organic Program (NOP) issued on March 24, 2015, a policy memorandum clarifying the status of nanotechnology in organic production and handling under the USDA organic regulations.
Bergeson & Campbell, P.C. (B&C®) and its affiliate organizations are investigating the possibility of hosting a U.S. Environmental Protection Agency (EPA) Sustainable Futures workshop on the West Coast in late 2015. As you may know, Sustainable Futures training focuses on a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of chemicals. The intensive, hands-on training provided at Sustainable Futures workshops allows...
March 27, 2015
Inside EPA Features B&C Commentary in Article “EPA Critics Cite High Court ‘Deference’ Statements To Oppose Major Rules”
The March 27, 2015 issue of Inside EPA featured commentary from B&C in an article reporting on the perceived increasing divide on the Supreme Court about the level of deference to give EPA and other agencies in their statutory and regulatory powers, and the use of the justices’ recent statements by plaintiffs and others to argue for stricter judicial oversight of EPA rules. Meanwhile, a March 16 blog post by the law firm Bergeson & Campbell says even the majority...
March 26, 2015
Lynn L. Bergeson Quoted in BNA Daily Environment Report Article on Nanoscale Chemicals Rule
In a March 26, 2015 story on EPA’s proposed rule regarding reporting requirements for companies that make or process nanoengineered chemicals, “Chemical Manufacturers, Processors To Report Basic Data Under EPA Proposal,” Lynn L. Bergeson was quoted. In a break from previous data-collection rules, the proposed rule would apply to both chemical manufacturers and chemical processors, Lynn Bergeson, managing partner of Bergeson & Campbell P.C., told Bloomberg BNA in a March...