During the Safer Choice Partner and Stakeholder Summit on November 15- 16, 2016, EPA announced that new product categories were under consideration for the Safer Choice chemical program, including arts and crafts, home improvements, food grade and marine lubricants, and paints and coatings. EPA invited suggestions from participants regarding additional product categories to consider; Summit participants were supportive of an increase to the number of chemicals, products, and product categories...
Category: General
On November 23, 2016, EPA Administrator, Gina McCarthy, signed the final rule on the RFS volume standards for 2017 and biobased diesel standards for 2018. This final rule will increase the renewable fuel volume requirements as reported in the Biobased and Renewable Products Advocacy Group (BRAG®) post “EPA Releases Proposed Renewable Fuel Volume Requirements.” The proposed volume requirements are: ? Cellulosic biofuel, from 230 million gallons in 2016 to 311...
On November 22, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice in the Federal Register of an opportunity to comment on petitions requesting EPA initiate a rulemaking process to reconsider its regulations that impose the obligation for compliance with the Renewable Fuel Standard (RFS) annual standards on gasoline and diesel fuel refiners and importers, as well as on EPA’s proposed denial of the petitions. As the notice states, EPA is looking for petitioners to...
As noted in our blog posting on November 16, 2016, the U.S. Environmental Protection Agency (EPA) announced on December 1, 2016, that its Office of Pollution Prevention and Toxics (OPPT) will hold a public meeting on December 14, 2016, from 9:00 a.m. to 3:00 p.m. (EST) to update the public on changes to the New Chemicals Review Program under the Toxic Substances Control Act, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act...
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy, healthy, peaceful, and safe New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients’ behalf. TSCA/FIFRA/IRIS/NTP/TRI EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental...
December 1, 2016
International Safety Association (ISEA) Fall Meeting 2016, November 30 – December 2, 2016, Alexandria, Virginia
ISEA’s Fall Meeting is the safety equipment industry’s premier forum for safety professionals interested in innovation, policy and business intelligence information. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. discussed California Prop. 65, and steps to protect against a claim, on December 1.
On November 24, 2016, the Australian Department of the Environment and Energy began a public consultation on the Draft National Standard for the Environmental Risk Management of Industrial Chemicals and a supporting Draft Explanatory Document. See http://www.environment.gov.au/protection/chemicals-management/national-standard/draft-national-standard-environmental-risk-management-industrial-chemicals According to the Department, the primary purpose of the papers is to outline the...
November 30, 2016
Australian Draft National Standard for the Environmental Risk Management of Industrial Chemicals Addresses Nanomaterials
On November 24, 2016, the Australian Department of the Environment and Energy began a public consultation on the Draft National Standard for the Environmental Risk Management of Industrial Chemicals and a supporting Draft Explanatory Document. According to the Department, the primary purpose of the papers is to outline the design and operation of the National Standard. The Draft National Standard contains risk management measures applicable for each Environment Schedule under the...
November 30, 2016
“Trump Views on Chemicals Law Not Yet Known: Policy Watchers” Quotes James V. Aidala, Charles M. Auer, and Lynn L. Bergeson
On November 30, 2016, Bloomberg BNA Daily Environment Report quoted Jim Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), Charles M. Auer, Senior Regulatory and Policy Advisor with B&C, and Lynn L. Bergeson, Managing Partner of B&C, on impacts the Trump Administration may have on chemical laws. “It's very hard to know what the thinking is other than on big issues,” such as energy and water, Jim Aidala, a senior...
On November 29, 2016, the U.S. Environmental Protection Agency (EPA) announced the initial ten chemical substances on which risk evaluations will be conducted under Toxic Substances Control Act (TSCA) Section 6(b)(2)(A). The chemicals, all of which were to be drawn from the TSCA Work Plan for Chemical Assessments, are: 1,4-dioxane1-bromopropaneTrichloroethylene (TCE)Carbon tetrachlorideHexabromocyclododecane (HBCD)Methylene chloridePigment violet 29Perchloroethylene...
November 28, 2016
Lynn L. Bergeson, “Chemical Compliance: Montreal Protocol Addresses HFCs,” Chemical Processing, November 28, 2016.
October 15, 2016, was a historic day for international climate action: nearly 200 countries reached an agreement to phase out use of hydrofluorocarbons (HFC) at the 28th meeting of the parties to the Montreal Protocol in Kigali, Rwanda. This column summarizes this historic event and its implications. The Montreal Protocol is the international treaty designed to protect the earth’s ozone layer by requiring the phasing out of production and use of chlorofluorocarbons (CFC), substances believed...
On October 13, 2016, OCSiAl announced that it is the first manufacturer of single wall carbon nanotubes (SWCNT) to complete Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) registration. According to OCSiAl, the registration was successfully completed thanks to the collaboration between OCSiAl’s Health and Safety Department, Envigo, and Intertek, which jointly completed the work involved in demonstrating compliance with the standards and requirements of...
November 25, 2016
Lynn L. Bergeson, “Next Generation Compliance and Its Implications for Industry,” Environmental Quality Management, Volume 26, Issue 1, Fall 2016.
“Next Generation Compliance” is the U.S. Environmental Protection Agency’s (EPA) signature initiative intended to increase compliance with environmental regulations by using advances in pollution monitoring and information technology and by more effectively using and designing regulations and permits to reduce pollution and enhance compliance. This column describes EPA’s initiative, discusses several examples of its applications in rulemakings and civil enforcement settlements,...
November 22, 2016
SCCS Opinion on Additional Coatings for Titanium Dioxide (Nano Form) as UV-Filter Available for Comment
On November 22, 2016, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) began a public consultation on its opinion on additional coatings for titanium dioxide (nano form) as an ultraviolet (UV)-filter in dermally applied cosmetic products. The EC asked if SCCS considered safe the use of cetyl phosphate, manganese dioxide, and triethoxycaprylylsilane as coatings for titanium dioxide (nano) used as a UV-filter in dermally-applied cosmetic products. SCCS...
Bergeson & Campbell, P.C. (B&C®) is seeking an attorney to join our growing team of lawyers, regulatory consultants, scientists, and policy experts. This position will be based in our Washington, D.C. office, although telework arrangements may be considered for suitable candidates. Applicants should be experienced in the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and other domestic and/or international chemical...
November 18, 2016
FDA CDER Identifies Nanotechnology as Area of Interest for Site Visit Training Program for OPQ Staff
The Food and Drug Administration (FDA) published a Federal Register notice on November 16, 2016, announcing the 2017 Center for Drug Evaluation and Research (CDER) Office of Pharmaceutical Quality (OPQ) Staff Experiential Learning Site Visit Program. According to the notice, “[a] critical part of the commitment by CDER to make safe and effective high-quality drugs available to the American public is gaining an understanding of all aspects of drug development and...
November 18, 2016
Deadline Approaches to Nominate Chemicals to Thailand’s Inventory of Existing Chemicals
As reported in The Acta Group EU, Ltd's (Acta EU®) August 26, 2016, Global Regulatory Update, this summer, Thailand's Department of Industrial Works (DIW) published a preliminary inventory of existing chemicals (Preliminary of Thailand Existing Chemicals Inventory). The preliminary inventory can be searched by Chemical Abstracts Service (CAS) number or trade name. DIW created the preliminary inventory by combining the hazardous substance list; the most recent hazardous chemical...
November 18, 2016
EPA Approves Redfield Energy’s Efficient Producer Petition
On October 27, 2016, EPA approved an Efficient Producer petition submitted by Redfield Energy, LLC (Redfield Energy) granting “a pathway for the generation of renewable fuel (D-code 6) Renewable Identification Numbers (RINs) under the Renewable Fuel Standard (RFS) program for the production of non-grandfathered ethanol” produced by dry milling. The Efficient Producer petition process is designed to accelerate the registration process for starch and grain sorghum ethanol...
November 18, 2016
EPA Publishes Proposed Renewables Enhancement And Growth Support Rule
As previously reported in the Biobased and Renewable Products Advocacy Group’s (BRAG®) Biobased and Renewable Products Update of November 11, 2016, the U.S. Environmental Protection Agency (EPA) has issued a notice in the Federal Register of a public hearing for the proposed “Renewables Enhancement and Growth Support Rule.” The proposed rule updates the regulatory structure to allow biofuel producers to process and convert biomass at different facilities, update fuel...
The U.S. Environmental Protection Agency (EPA) has just announced that its Office of Pollution Prevention and Toxics (OPPT) is holding a meeting on December 14, 2016, from 9:00 a.m. to 12:00 p.m. (EST) to update the public on changes to the New Chemicals Review Program under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act. EPA states that it will “describe its review process for new chemicals under the...