Category: General

June 14, 2017

Charles M. Auer Quoted By Bloomberg BNA Daily Environment Report Discussing EPA Regulation of New Chemicals

On June 14, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor at Bergeson & Campbell, P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “EPA Pledges Long-Term Elimination of New Chemicals Backlog.” […] The percentage of new chemicals the EPA has regulated before and since the [Frank R. Lautenberg Chemical Safety for the 21st Century Act] passed last June jumped from roughly 10 percent to about 70 percent, said Charles Auer, who...
June 13, 2017

Sweden to Require Information on Nanomaterials in Product Register Notifications

On June 7, 2017, Sweden notified the European Commission (EC) that it intends to amend the information requirements concerning the Swedish Chemicals Agency’s (KEMI) product register to require notifiers to provide information on nanomaterials contained in the product.  Under the draft regulation, the requirement will apply to nanomaterials that have been intentionally added to the product, regardless of the concentration of the nanomaterials.  The definition of nanomaterial...
June 12, 2017

ECHA Committee Concludes Titanium Dioxide Should Be Classified as Suspected of Causing Cancer When Inhaled

On June 9, 2017, the European Chemicals Agency (ECHA) announced that the Committee for Risk Assessment (RAC) “concluded that the available scientific evidence meets the criteria in the [Classification, Labeling and Packaging (CLP)] Regulation to classify titanium dioxide as a substance suspected of causing cancer through the inhalation route.”  In May 2016, France submitted a proposal for harmonized classification and labeling (CLH).  The proposal’s...
June 12, 2017

Lynn L. Bergeson, “TSCA Implementation: What’s In Trump’s Playbook?,” The ABA SEER Joint Newsletter: Energy, Climate Change, and Environmental Law under Trump, Volume 18, Issue 1, June 2017.

Most people knew candidate Trump was no fan of climate change regulation or the Clean Water Rule (CWR). Mr. Trump’s views on chemical management were never clearly articulated, however. Some may have interpreted this notable silence as support for Toxic Substances Control Act (TSCA) reform, given the broad bipartisan support it enjoyed before its enactment last June. Others may have assumed candidate Trump, in the heat of the campaign, was unaware of the significant commercial, legal, and...
June 12, 2017

WEBINAR – – Reviewing New Chemicals Under Amended TSCA: Impact on Innovation, June 12, 2017, 12:00 p.m. – 1:30 p.m. EDT

Bloomberg BNA presented the webinar "Reviewing New Chemicals Under Amended TSCA: Impact on Innovation" June 12, 2017, 12:00 p.m. - 1:30 p.m. featuring Jeffery Morris, Director, Office of Pollution Prevention and Toxics, United States Environmental Protection Agency; Charles M. Auer, Senior Regulatory and Policy Advisor, Bergeson & Campbell P.C.; Richard E. Engler, Ph.D., Senior Chemist, Bergeson & Campbell P.C.; Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.; Beth...
June 9, 2017

Australian Consultation Paper Addresses Regulatory Treatment of Unlisted Chemicals Introduced at the Nanoscale

The Industrial Chemicals Bill 2017 describes the legislative framework for a reformed, risk-based regulatory scheme for Australia to continue to regulate the introduction of industrial chemicals.  The Australian government has presented the bill to Parliament.  On June 1, 2017, the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) published Consultation Paper 5, which seeks feedback from stakeholders on the detail to be included in delegated...
June 9, 2017

PLI Environmental Regulation 2017: Hot Topics, Regulatory Developments, and Practical Guidance for Corporate Compliance, June 9, 2017, New York, New York, and Webcast

PLI’s Environmental Regulation 2017 program reviewed recent activities in environmental regulation – and de-regulation – affecting compliance obligations for a range of businesses and organizations.  Among other topics, this program covered the impact of recent court decisions, new regulations and initiatives affecting regulated entities, and practical suggestions for management and compliance. Lynn L. Bergeson was a faculty member for the program.
June 9, 2017

Neste Issues A Statement On The U.S. Withdrawal From The Paris Agreement

By Kathleen M. Roberts On June 2, 2017, Neste, a member of the Biobased and Renewable Products Advocacy Group (BRAG®), released a statement in response to the decision by President Trump to withdraw the U.S from the Paris Agreement.  According to Neste, the U.S. withdrawal is “unfortunate” and “a saddening turn for the international battle against climate change.”  The decision, however, will not signal the downfall of the Agreement, which has been...
June 9, 2017

DOC Postpones Preliminary Determinations For Biodiesel AD/CVD Investigation

By Kathleen M. Roberts On June 5, 2017, the U.S. Department of Commerce’s (DOC) International Trade Administration (ITA) announced in the Federal Register that the preliminary determination in the antidumping (AD) and countervailing duty (CVD) investigations on biodiesel from Argentina and Indonesia will be postponed.  The preliminary determination will be due by August 21, 2017, and the final determination will be due within 75 days of the issuance of the preliminary...
June 8, 2017

EPA To Promulgate SNURs for 37 Chemical Substances

The U.S. Environmental Protection Agency (EPA) has released a pre-publication version of its direct final rule signed on April 5, 2017, which states that EPA will be promulgating significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 37 chemical substances which were the subject of premanufacture notices (PMN).  This action will require persons who intend to manufacture or process any of these 37 chemical substances for an activity that is designated as a...