All Knowledge & Insights By Date

On November 16, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65 (Prop 65) regulations setting forth the circumstances when a “retail seller” is required to provide a consumer product exposure warning.  Retail sellers are defined under the regulations as: [A] person or business that sells or otherwise provides consumer products directly to consumers by any means, including via the internet. For purposes of this...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on December 4, 2018, withdrawing significant new use rules (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for 26 chemical substances, including carbon nanomaterial (generic), that were the subject of premanufacture notices (PMN)....

Download transcript. This week, I sat down with Dr. Richard Engler, our Director of Chemistry, to discuss Confidential Business Information (CBI). CBI is both a term of art under the Toxic Substances Control Act (TSCA) and can be understood broadly to be anything from trade secrets to you know, the secret sauce of a chemical formulation that makes a product profitable. In our conversation, we focused on how this concept of CBI functions under TSCA...

On November 28, 2018, Inside EPA included information on Lek Kadeli’s U.S. Environmental Protection Agency (EPA) appointment first posted in Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “EPA Announces New Acting Deputy AA at OCSPP.” Lek Kadeli, a top former EPA career official in the research office (ORD), is joining the management team for EPA’s toxics office, bolstering the office as it ramps up to implement the revised Toxic Substances Control Act...

The State of California now has over 900 chemical substances for which warning and labeling is required under Proposition 65 (Prop 65). Recently added to this list are soluble nickel compounds. Given the potential ubiquity of the substance, this could have big implications....

On November 26, 2018, Inside EPA included information from Bergeson & Campbell, P.C.’s (B&C®) memorandum “EPA Publishes First Draft TSCA Chemical Risk Evaluation” in the article “EPA’s PV29 Assessment Likely to Test Reformed TSCA’s Data Standards.” In a Nov. 16 memo on the draft’s release, the law firm Bergeson and Campbell suggests that there may be little reason to challenge the agency’s finding though it leaves the door open to...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on November 15, 2018, announcing the availability of and seeking public comment on the first draft chemical risk evaluation under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).  The draft risk evaluation for Colour Index (C.I.) Pigment Violet 29 is intended to determine whether C.I. Pigment Violet 29...

Download transcript. This week, I sat down with Michael Wenk, one of our senior regulatory consultants, to discuss his new book Chemical Regulation in the Middle East. Michael’s book focuses on eight countries in the Middle East that have a combination of well developed and emerging chemical regulatory schemes. His book provides a comprehensive examination of the main chemical management laws in force for each particular country, and summarizes general trends and issues facing the...

On November 14, 2018, Inside EPA spoke with Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA Eases RCRA For Airbag Removals But Keeps Hazardous Waste Status.” [W]hile dealers and others removing the airbags will be conditionally exempt under the new rule, others further down the waste stream will not, says Chris Bryant, a former EPA waste official who is now a senior regulatory consultant with Bergeson...

On November 13, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor, Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA regarding Congress’ plan to oversee the U.S. Environmental Protection Agency’s (EPA) implementation of the revised Toxic Substances Control Act (TSCA). “There may be some bipartisan oversight on nuts and bolts questions. But my guess is that each side will generally focus questions on ‘their’ issues and concerns,” says...