All Knowledge & Insights By Date

In somewhat of a surprise announcement, the New York State Department of Environmental Conservation (NYSDEC) on June 6, 2018, released its final policy and form for manufacturer disclosures under the Household Cleansing Product Information Disclosure Program. The Disclosure Program is similar to the recently enacted California Cleaning Product Right to Know Act of 2017 which requires the disclosure of cleaning product ingredients by way of website or product label. The Household...

The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on June 6, 2018, announced two public meetings related to the harmonization of transportation and hazard communication standards with international standards.  83 Fed. Reg. 26338.  The first meeting -- led by PHMSA -- will solicit public input on current proposals and items for inclusion in the agenda of the 53rd session of the United Nations Sub-Committee of Experts on the...

On May 30, 2018, two complaints were filed against the U.S. Environmental Protection Agency (EPA) in the United States District Court for the Southern District of New York.  Both of these suits concern a decision by EPA to defer publication of a notice of availability (NOA) of training materials prepared pursuant to the Agricultural Worker Protection Standard (WPS), 40 C.F.R. Part 170.  The WPS was originally promulgated in 1974, substantially amended in 1992, and then revised again in...

In June 2018, the International Standardization Organization (ISO) published standard ISO/TS 21362:2018, “Nanotechnologies — Analysis of nano-objects using asymmetrical-flow and centrifugal field-flow fractionation.”  The document identifies parameters and conditions, as part of an integrated measurement system, necessary to develop and validate methods for the application of asymmetrical-flow and centrifugal field-flow fractionation to the analysis of nano-objects and their...

On May 25, 2018, the U.S. Environmental Protection Agency (EPA) issued an extension of the comment period of the proposed rule entitled “Strengthening Transparency in Regulatory Science” (Science Rule) that EPA issued on April 30, 2018.  83 Fed. Reg. 24255.  The Federal Register notice states that EPA will extend the comment period from May 30, 2018, to August 16, 2018.  EPA states that it is making these changes “in response to public requests for an...

On July 4, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding the U.S. Environmental Protection Agency’s (EPA) new electronic tracking system for hazardous waste shipments called e-Manifest. “There is a ton of confusion and trepidation about how this is all going to work,” Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in Washington, told...

The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) are pleased to announce that Richard E. Engler, Ph.D. has been named Director of Chemistry for our firms. Dr. Engler joined Acta and B&C as Senior Chemist in January 2015 after nearly two decades at the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and has offered his extensive understanding of the Toxic Substances Control Act (TSCA) and other...

On June 4, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted in the Inside EPA article “Eying 2018 Deadline, EPA Taps New Division Heads For Reorganized OPPT.” The new reorganization plan is winning approval from former officials. Charles Auer, former director of OPPT and now with the law firm of Bergeson & Campbell, wrote in a recent blog post that dividing the offices to focus on new and existing...

On June 1, 2018, the U.S. Environmental Protection Agency (EPA) released the much anticipated first ten problem formulation documents; its systematic review approach document; and a significant new use rule (SNUR) proposal enabling it to prevent new uses of asbestos for public comment.  Links and short summaries are provided below. EPA states that the problem formulation documents refine the conditions of use, exposures, and hazards presented in the scope of the risk evaluations for the...

Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017: Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law....