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In the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda) issued on October 17, 2018, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published a Proposed Rule Stage item titled “Update to the Hazard Communication Standard,” RIN 1218-AC93, and scheduled the Notice of Proposed Rulemaking (NPRM) to be issued by March 2019. The full description of the item is: OSHA and other U.S. agencies have been...

Washington, D.C. (November 1, 2018):  Bergeson & Campbell, P.C. (B&C®) is launching a podcast today.  It is called All Things Chemical™ and it will engage listeners in intelligent, insightful conversation about everything related to industrial, pesticidal, and specialty chemicals and the law and business issues surrounding chemicals. B&C’s talented team of lawyers, scientists, and consultants will keep listeners abreast of the changing world of both domestic...

Download transcript. This week, I got to have a roundtable discussion with several of my colleagues about a Strategic Research Plan released by the EPA earlier this summer, outlining their approach to reduce and replace “vertebrate” testing. What we’re really talking about, of course, is animal testing. In keeping with the commitment outlined in 2016’s Toxic Substances Control Act (TSCA), the EPA proposes several so-called New Approach Methodologies, or NAMs, which they hope will be able...

Effective October 26, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) added nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of Proposition 65 (Prop 65).  Importantly, “soluble” is not defined in the listing.  On October 11, 2018, OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC), in its official capacity as the “state’s qualified experts”...

On September 27, 2018, the U.S. Environmental Protection Agency (EPA) issued a final fees rule under the Toxic Substances Control Act (TSCA). The final rule largely tracks the proposed rule. The EPA will host a series of webinars focusing on TSCA submissions and fee payments under the final rule. The agency has posted a pre-publication version of the final rule, as well as its response to public comments on the proposed rule.

Section 8(b)(10)(B) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), directs that “[n]ot later than April 1, 2017, and every 3 years thereafter, the Administrator shall carry out and publish” (Environmental Protection Agency [EPA], 2018a, p. 30056) an inventory of mercury or mercury-added products or uses of mercury in a manufacturing process. On June 27, 2018, the U.S. Environmental Protection Agency...

Hi, this is Lynn Bergeson of Bergeson & Campbell in Washington, D.C. I'm here to announce that we have launched a podcast. It's called All Things Chemical. And whether you are a lawyer in the chemical space, a scientist or a manager, or a CEO of a Fortune 50 chemical company, you will want to listen up. Starting November 1st we will be releasing a podcast every other week. We're going to be dealing with a whole host of really interesting issues including animal testing and alternatives to...

On October 17, 2018, Bergeson & Campbell, P.C. (B&C®) presented a complimentary webinar regarding pending implementation dates of key U.S. Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) rules. “Keeping up with FSMA – Rules, Obligations, and Key Compliance Dates” was presented by Karin F. Baron, MSPH, Senior Regulatory Consultant, B&C, Lynn L. Bergeson, Managing Partner, B&C, and Scott J. Burya, Ph.D., Regulatory Chemist, B&C, and...

On October 18, 2018, Inside EPA quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the B&C memorandum “EPA Proposes SNURs that Break New Ground under Amended TSCA.” Industry attorneys are welcoming the agency's approach, suggesting it sets a precedent for future agency action. “The proposed SNUR is interesting, important, and controversial, as this is the first time under the new law for which EPA is proposing to...

The U.S. Environmental Protection Agency (EPA) issued on October 16, 2018, a proposed rule that would establish significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 13 chemical substances that are the subject of premanufacture notices (PMN).  83 Fed. Reg. 52179.  The proposed rule is significant.  Unlike other recent SNURs (i.e., those acted on since entry into force of amended TSCA), the 13 chemical substances are not also subject...