All Knowledge & Insights By Date

On June 23, 2023, the U.S. Environmental Protection Agency (EPA) updated the list of chemicals subject to toxic chemical release reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA). 88 Fed. Reg. 41035. Specifically, EPA updated the regulations to identify nine per- and polyfluoroalkyl substances (PFAS) that must be reported pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) enacted on December 20,...

Download transcript. This week I had the pleasure of speaking with Retired Rear Admiral Melissa Bert, who served as the Judge Advocate General and Chief Counsel of the U.S. Coast Guard, the first woman to serve in this position. Admiral Bert’s accomplishments are too numerous to note here, but her Wikipedia page is sure to impress. We discuss Coast Guard responsibilities, what the Chief Counsel of the Coast Guard does, some of Admiral Bert’s more memorable engagements, and the Admiral’s...

On June 22, 2023, the U.S. Environmental Protection Agency (EPA) announced that the 2024 submission period for the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule is from June 1, 2024, to September 30, 2024. 88 Fed. Reg. 40816. The CDR rule requires manufacturers (including importers) of chemical substances on the TSCA Inventory above an applicable regulatory threshold to report to EPA, every four years, information concerning the manufacturing,...

The Senate Committee on Environment and Public Works announced on June 22, 2023, that Senators Tom Carper (D-DE), Chair of the Committee, and Shelley Moore Capito (R-WV), Ranking Member of the Committee, have released draft per- and polyfluoroalkyl substances (PFAS) legislation for stakeholder comment. According to the press release, the bipartisan package seeks to improve the mitigation and remediation of PFAS contamination. The Committee seeks stakeholder comments on the...

On 20 April the US EPA announced a proposed rule under section 6(a) of the Toxic Substances Control Act (TSCA) that would prohibit most uses of methylene chloride and require a workplace chemical protection program (WCPP) for non-prohibited uses. This article will outline the key elements of the EPA’s proposal and discuss the likely impact on industry. This article also looks at what this portends for the agency's future rulemaking activities on chemical substances undergoing...

The Maine Department of Environmental Protection (MDEP) has updated its frequently asked questions (FAQ) regarding per- and polyfluoroalkyl substances (PFAS) in products to reflect LD 217, “An Act to Support Manufacturers Whose Products Contain Perfluoroalkyl and Polyfluoroalkyl Substances” (Act). MDEP states that the Act has extended the implementation date for product reporting, requiring manufacturers of products with intentionally added PFAS to report the intentionally added...

On July 17, 2023, the U.S. Environmental Protection Agency (EPA) announced the release of draft guidance for the evaluation of products for claims against viruses. This new guidance provides the framework for registrants who seek to make virucidal claims for antimicrobial products. This draft guidance reiterates recommended test methods and regulatory guidance for the addition of virucidal claims to products that meet the criteria for hard surface disinfection claims...

The U.S. Environmental Protection Agency (EPA) announced on June 15, 2023, that it will issue proposed significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 18 chemicals made from plastic waste-derived feedstocks. According to EPA, the proposed SNURs would require notification to and review by EPA before these fuels could be made using plastic waste-derived feedstocks that contain impurities like per- and polyfluoroalkyl substances (PFAS), heavy metals, dioxins,...

The U.S. Environmental Protection Agency (EPA) proposed on June 16, 2023, to ban most uses of perchloroethylene (PCE). 88 Fed. Reg. 39652. According to EPA’s June 8, 2023, press release, the proposed rule “would protect people from these risks by banning all consumer uses while allowing for many industrial/commercial uses to continue only where strict workplace controls could be implemented, including uses related to national security, aviation and other critical infrastructure,...

VIRTUAL CONFERENCE -- Register Now For “TSCA Reform -- Seven Years Later” On June 29, 2023: This essential annual Toxic Substances Control Act (TSCA) event, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health, will feature speakers from the U.S. Environmental Protection Agency (EPA), non-governmental organizations (NGO), industry stakeholders, and academic leaders...

The U.S. Environmental Protection Agency (EPA) announced on June 14, 2023, that it is accepting public comments on candidates under consideration for selection as ad hoc reviewers to assist the Science Advisory Committee on Chemicals (SACC) with its review of the 2023 draft supplement to the 1,4-dioxane risk evaluation under the Toxic Substances Control Act (TSCA). EPA states that after it published the final risk evaluation for 1,4-dioxane in December 2020, it determined a supplement was...

Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has been awarded the highest rank attainable, Band 1, in Chambers USA Guide 2023. This is Ms. Bergeson’s 19th year earning top marks from Chambers USA as one of the best lawyers in America. Chambers quotes clients as saying Ms. Bergeson is “extremely well regarded,” “top-notch for her TSCA work,” “The best nationwide practitioner on product-related environmental regulations; a...

Under H.F. 2310, signed into law by Governor Tim Walz (D) as part of the One Minnesota Budget on May 24, 2023, on or before January 1, 2026, a manufacturer of a product sold, offered for sale, or distributed in Minnesota that contains intentionally added per- and polyfluoroalkyl substances (PFAS) must submit to the Minnesota Pollution Control Agency (MPCA) information that includes: A brief description of the product, including a universal product code (UPC), stock keeping...

8:00 a.m. - 5:30 p.m. EDTJune 29, 2023 REGISTER NOW The full program, including session details and confirmed speakers for the 7th annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform -- Seven Years Later,” is detailed below. This timely and essential day-long virtual conference will provide updates on risk evaluation, risk management, new chemical review, per- and polyfluoroalkyl substances (PFAS), and more.Bergeson & Campbell, P.C. (B&C®), the Environmental Law...

On May 18, 2023, Senator Alex Padilla (D-CA) and Representative Zoe Lofgren (D-CA) introduced the Supercomputing for Safer Chemicals (SUPERSAFE) Act (S. 1685, H.R. 3457). According to Padilla’s May 18, 2023, press release, the legislation would establish a SUPERSAFE Consortium led by the U.S. Environmental Protection Agency (EPA) “to identify chemicals that are safe to use in commerce through science-backed decision making.” The press release states that the bill would direct the use...

The Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight will hold a hearing on June 15, 2023, on “Impacts of Plastic Production and Disposal on Environmental Justice Communities.” Originally scheduled for April 27, 2023, witnesses will include: Angelle Bradford, Doctoral student in physiology and medicine at Tulane University School of Medicine, Volunteer Sierra Club Delta Chapter; Sharon Lavigne, Founder,...

Each year about this time, companies are focused on the deadline to submit Toxics Release Inventory (TRI) data to the U.S. Environmental Protection Agency (EPA). Companies well acquainted with this reporting ritual have established protocols to collect the data to enable timely reporting. With the July 1, 2023, deadline rapidly approaching, there are a few new reporting features of which to be aware. This column briefly summarizes important new elements.

POSTED IN INTERNATIONAL, LEGAL/REGULATORY ISSUES, OECD The Organization for Cooperation and Development (OECD) has published the latest edition of the Developments in Delegations on the Safety of Manufactured Nanomaterials and Advanced Materials — Tour de Table. The Tour de Table compiles information provided by delegations on the occasion of the 22nd meeting of the OECD Working Party on Manufactured Nanomaterials (WPMN) in June 2022. Below are highlights on...