All Knowledge & Insights By Date

On March 20, 2019, the U.S. Environmental Protection Agency (EPA) announced it was releasing a list of 40 chemicals to begin the prioritization process required by the amended Toxic Substances Control Act (TSCA).  New TSCA requires EPA to designate 20 chemicals as “high-priority” for subsequent risk evaluation and 20 chemicals as “low-priority,” meaning that risk evaluation is not warranted at this time.  The 20 high priority candidate chemicals include: Seven...

Bergeson & Campbell, P.C. (B&C®) is pleased to have presented the complimentary webinar “Prop 65: Exposure Assessments and Compliance Implications.” The webinar discussed legal, scientific, and practical considerations for companies to evaluate before deciding to conduct and rely upon exposure assessments determinations that Prop 65 warning requirements do not apply.  The webinar consisted of 45 minutes of presentation, followed by a 15-minute Q&A...

On March 15, 2019, the European Commission’s (EC) Scientific Committee on Consumer Safety (SCCS) published its preliminary opinion on the solubility of synthetic amorphous silica (SAS).  The EC asked whether the SCCS considers that SAS are soluble (100 milligram per liter (mg/L) or higher) or degradable/non-persistent in biological systems in light of the nanomaterial definition of the Cosmetics Regulation.  Having considered the data provided in this dossier and that available...

On March 18, 2019, the U.S. Environmental Protection Agency (EPA) released new tools intended to help companies, organizations, and individuals fulfill their reporting requirements under the mercury reporting requirements rule.  Those required to report under the mercury rule can now do so online through the Mercury Electronic Reporting (MER) application accessed through EPA’s Central Data Exchange (CDX).  EPA states that it designed this reporting tool “to be user-friendly, with drop-down...

The U.S. Government Accountability Office (GAO) released on March 6, 2019, a report titled “High-Risk Series: Substantial Efforts Needed to Achieve Greater Progress on High-Risk Areas.” This column discusses the report and its implications on chemical management policy.

On March 7, 2019, in the Court of Justice of the European Union (EU), the Eighth Chamber of the General Court issued two judgments in cases regarding access of confidential information related to glyphosate.  One of these decisions (Tweedale v. EFSA, Case T-716/14) related to a 2014 request for two toxicity studies that were “key studies” in the determination of glyphosate’s acceptable daily intake (ADI).  The second decision (Hautala et al. v. EFSA, Case T-329/17) related to a...

On March 15, 2019, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler signed a final rule prohibiting the manufacture (including import), processing, and distribution in commerce of methylene chloride for consumer paint and coating removal, including distribution to and by retailers; requiring manufacturers (including importers), processors, and distributors, except for retailers, of methylene chloride for any use to provide downstream notification of these prohibitions;...

By Lynn L. Bergeson On March 13, 2019, the European Commission (EC) published a fact sheet on the sustainability for biofuels specified.  EC adopted a delegated act that sets out the criteria for determining high low indirect land-use change (ILUC) risk feedstock for biofuels and the criteria for certifying ILUC-risk biofuels, bioliquids, and biomass fuels.  ILUC-risk fuels consist of fuels produced from food and feed crops that significantly expand globally into land with high carbon...

This week, we offer something a little different. My colleague Christopher Bryant, a senior regulatory consultant here at the firm, invited Daniella Taveau and Daniel Pearson into our studio to sit down and talk about trade issues. As you will hear, their conversation ranged far and wide, hitting upon all aspects of the trade discussion which might be relevant to anyone working in the chemical manufacturing space. Listeners will hear about developing a historical context in...

On March 11, 2019, Bloomberg Environment featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), regarding a plan for the U.S. Environmental Protection Agency (EPA) to cut two months off the time it takes to review pesticide registrations. One chemical-industry consultant says the EPA’s ability to shave 60 days from its reviews depends on the kind of registration. “You’re not going to cut two months from a...

The International Estimated Short-Term Intake IESTI equations are used during the establishment of Codex Maximum Residue Limits. A recent proposal to revise the equations sparked international debate regarding selection of residue inputs and the appropriate level of consumer protection. The 49th Codex Committee on Pesticide Residues meeting recommended benchmarking the IESTI equations against distributions of actual exposures. Using publicly available data and models, this work compares dietary...

GAO released on March 6, 2019, a report entitled High-Risk Series:  Substantial Efforts Needed to Achieve Greater Progress on High-Risk Areas.  GAO’s high-risk program identifies government operations with vulnerabilities to fraud, waste, abuse, and mismanagement, or in need of transformation to address economy, efficiency, or effectiveness challenges.  GAO’s report describes the status of high-risk areas and outlines actions necessary to assure further progress.  GAO states that in the...

The International Organization for Standardization (ISO) has published standard ISO/TR 21386, “Nanotechnologies — Considerations for the measurement of nano-objects and their aggregates and agglomerates (NOAA) in environmental matrices.”  The standard provides some considerations for the collection of environmental samples to be analyzed for manufactured NOAA, considerations to distinguish manufactured NOAA from background levels of naturally occurring nanoscale particles of the same...

On March 11, 2019, the HazMat Management magazine republished Bergeson & Campbell, P.C.’s (B&C®) article “PHMSA Study Will Assess Aligning U.S. and International Regulations for Aerosol Containers.” HazMat Management magazine has covered Canadian environmental health and safety compliance issues for over 17 years. The full article on the HazMat Management page is now available online.

The Hazard Communication Standard (HCS) is, by its very nature, perennially a work in progress. The US is committed to global harmonisation in classifying chemical hazards, and the US Department of Labor’s Occupational Safety and Health Administration (Osha) 2012 incorporation of the Globally Harmonized System (GHS) of classification and labelling of chemicals into the Hazard Communication Standard (HCS) was a big step forward in achieving global harmonisation. The road is long, however, and...

The Nebraska Ethanol Board’s 2019 Emerging Issues Forum focuses on the federal biofuels policy landscape and emerging industry trends.  B&C and BRAG are proud sponsors.  Richard E. Engler, Ph.D., will be presenting “Legal & Regulatory Considerations for Renewable Chemical Production -- Brief Overview from the Experts.”

By Lynn L. Bergeson On February 28, 2019, DOE announced that scientists at the Los Alamos National Laboratory (LANL) have been working on molecular tools that reside naturally within microbial cells.  Microbes typically use these tools to carry out their metabolism and other life-sustaining processes; LANL researchers, however, have been using the tools to produce fuel precursors and bioproduct building blocks.  With the addition of a biosensor in the microbes, light allows the...