In December 2017, the U.S. Environmental Protection Agency (EPA) issued a final rule prohibiting entities from asserting claims of confidential business information (CBI) for certain documents related to the export, import, and transit of hazardous waste. Manufacturers that have historically relied on assertions of CBI should be aware of this change. ...
March 12, 2018
Lynn L. Bergeson, “New TSCA Inspires New Litigation,” Chemical Watch Global Business Briefing, March 2018.
When the Toxic Substances Control Act (TSCA) was legislatively ‘modernised’ in June 2016, no one in the legal community doubted litigation was in our collective future. We have not been disappointed. The US Environmental Protection Agency (EPA) and its legal counsel for these purposes, the US Department of Justice (DoJ), are facing multiple lawsuits in several federal appeals courts and the very real possibility of more litigation deriving from TSCA Section 21 citizen petitions in...
February 21, 2018
Lynn L. Bergeson, “EPA Proposes TSCA User Fees,” Chemical Processing, February 21, 2018.
The cost of compliance with the Toxic Substances Control Act (TSCA) will soon rise. On February 8, 2018, the U.S. Environmental Protection Agency (EPA) signed off on proposed TSCA user fees. As amended by the Frank Lautenberg Chemical Safety for the 21st Century Act, TSCA authorizes the EPA to levy fees on certain chemical manufacturers, including importers and processors, to “provide a sustainable source of funding to defray resources that are available for implementation of...
Big changes are in store for regulated entities subject to Prop 65 based on a rule implemented in August 2016, but with a fast-approaching enforcement date of Aug. 30, 2018....
January 23, 2018
Lynn L. Bergeson, “Expect the EPA to Be Busy in 2018,” Chemical Processing, January 23, 2018.
The new year promises to be a busy one in the chemical area. The U.S. Environmental Protection Agency (EPA) hit all of its new Toxic Substances Control Act (TSCA) marks in timely promulgating rules or taking other steps required by the new TSCA. ...
On December 15, 2017, the National Institute for Occupational Safety and Health (NIOSH) posted a blog item entitled “WHO Guidelines to Protect Workers from Nanomaterials.” As reported in our December 13, 2017, blog item (see https://nanotech.lawbc.com/2017/12/who-publishes-guidelines-on-protecting-workers-from-potential-risks-of-manufactured-nanomaterials/), the World Health Organization (WHO) recently published WHO Guidelines on Protecting Workers from Potential Risks of...
January 2, 2018
Lynn L. Bergeson, “EPA: Mercury Merits Attention,” Chemical Processing, January 2, 2018.
The U.S. Environmental Protection Agency (EPA) continues to implement reporting requirements pertinent to the supply, use and trade of mercury in the United States. This column provides more information and a closer look into the EPA’s October 2017 proposed rule....
December 31, 2017
Lynn L. Bergeson, “Proposition 65 warning regulations must change—and soon!,” Environmental Quality Management, Volume 27, Issue 2, Winter 2017.
Proposition 65 (Prop 65) is very much a part of the “right-to-know” landscape in California and, as we all know, Prop 65 warnings are especially visible in that state. This much is clear. What may be less clear are the sweeping changes in the “clear and reasonable warning” requirements now scheduled to take effect from August 30, 2018. This date may seem like a long way off, but it is right around the corner in...
On 23 June 2016, more than 30 million people voted in a referendum to decide whether the United Kingdom (UK) should ‘Leave’ or ‘Remain’ in the European Union (EU). The referendum turnout was 71.8 per cent and the Leave campaign won by 52 per cent to 48 per cent, making ‘Brexit’ an important and imminent probability, with potentially substantial implications for a range of stakeholders, including the chemicals industry. Between then and now, there have...
December 1, 2017
Lynn L. Bergeson, “Resetting the TSCA Inventory: Why This Is Important,” Environmental Quality Management, Volume 27, Issue 1, Fall 2017.
On August 11, 2017, the U.S. Environmental Protection Agency (EPA) published the third Toxic Substances Control Act (TSCA) framework final rule in the Federal Register, the TSCA Inventory Notification (Active-Inactive) Requirements (EPA, 2017). This final rule is now in effect. This Washington Watch column explains why the rule is important, and what stakeholders should be doing to protect their interests....