December 22, 2013

Lynn L. Bergeson, “TSCA Reform: The New State of Play,” Environmental Quality Management, Winter 2013.

In a game-changing bipartisan show of support for reform of the Toxic Substances Control Act (TSCA) that few saw coming, United States (US) Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ)—among bipartisan others—introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), later designated Senate Bill 1009 (S.1009). CSIA provides a new and streamlined approach to reforming TSCA that stakeholders may view favorably when compared to legislative templates that have...
December 21, 2013

Andrew R. Bourne, Hayley J. Clayton, Ph.D., Leslie S. MacDougall, “Standardising Transport/Labelling Regulations: A way to reduce shipping costs for retail and consumer products,” Chemical NorthWest, Winter 2014.

Most GHS adoptions will complete implementation by 2015, mandating that all mixtures must be classified according to the particular legislation of that jurisdiction. Although some variation will remain between labelling information and hazard category adoption, this greatly simplifies the process of classification and labelling for retail and consumer products. This level of harmonisation, together with the standardisation of transport labels, offers the promise of greatly simplifying and...
December 20, 2013

Lynn L. Bergeson, “NIOSH Publishes Nanotechnology Research and Guidance Strategic Plan,” Nanotechnology Now, December 20, 2013.

On December 20, 2013, the National Institute for Occupational Safety and Health (NIOSH) published a document entitled Protecting the Nanotechnology Workforce: NIOSH Nanotechnology Research and Guidance Strategic Plan, 2013-2016. See http://www.cdc.gov/niosh/docs/2014-106/ NIOSH describes the document as "the roadmap being used to advance basic understanding of the toxicology and workplace exposures involved so that appropriate risk management practices can be implemented during...
December 10, 2013

Lynn L. Bergeson, “ISO Publishes Guidance on Voluntary Labeling for Consumer Products Containing Manufactured Nano-Objects,” Nanotechnology Now, December 10, 2013.

The International Organization for Standardization (ISO) has published Technical Specification (TS) 13830:2013, "Nanotechnologies -- Guidance on voluntary labelling for consumer products containing manufactured nano-objects." See https://www.iso.org/obp/ui/#iso:std:iso:ts:13830:ed-1:v1:en The purpose of the guidance "is to provide a framework to facilitate a harmonized approach for the voluntary provision of labelling for [consumer products containing manufactured nano-objects (PCMNO)]...
December 2, 2013

Lynn L. Bergeson, “IARC Will Review “Some Nanomaterials and Some Fibres” in 2014,” Nanotechnology Now, December 2, 2013.

On November 28, 2013, the International Agency for Research on Cancer (IARC) announced that the Working Group for IARC Monographs Volume 111, "Some Nanomaterials and Some Fibres," will meet September 30 to October 7, 2014. IARC states that "[d]etails will follow shortly."
November 26, 2013

Lynn L. Bergeson, “Narrow Critique Does Not Alter EPA Nano Risk Assessment,” Law360, November 26, 2013.

When the Natural Resources Defense Council sued the U.S. Environmental Protection Agency immediately after the EPA conditionally registered HeiQ AGS-20 and AGS-20 U nanosilver pesticide products, the nano community collectively held its breath. On Nov. 7, 2013, that same community let out a collective sigh of relief as the U.S. Court of Appeals for the Ninth Circuit largely upheld the EPA’s approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first...
November 15, 2013

Lynn L. Bergeson, “EPA Targets Significant New Use Rule-Regulating Articles,” Chemical Processing, November 15, 2013.

The U.S. Environmental Protection Agency (EPA) issued in October 2013 a final rule amending a significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances. The rule is receiving praise because it narrowly and precisely targets the scope of the “articles” (finished products) subject to the SNUR requirements.
November 8, 2013

Lynn L. Bergeson, “Court Vacates and Remands EPA’s Conditional Registration of HeiQ’s Nanosilver Products,” Nanotechnology Now, November 8, 2013.

On November 7, 2013, the U.S. Court of Appeals for the Ninth Circuit granted in part and denied in part the Natural Resources Defense Council's (NRDC) petition for review of the U.S. Environmental Protection Agency's (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) nanosilver products.
November 1, 2013

Lisa R. Burchi, “DTSC Releases Final Safer Consumer Products Regulations,” ABA Section of Environment, Energy, and Resources Chemicals, Chemicals Regulation, and Right-to-Know Committee Newsletter, November, 2013.

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or department) Safer Consumer Products Regulations (regulations). The regulations took effect on October 1, 2013. The regulations are the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm.The scope of the...
October 15, 2013

Lynn L. Bergeson, “Toxic Chemicals: Prepare for Product Regulations,” Chemical Processing, October 15, 2013.

The California Department of Toxic Substances Control (DTSC) Safer Consumer Products Regulations are now in effect (See "California Cracks Down on Chemicals"). While the most onerous requirements for "responsible entities" (manufacturers, importers, assemblers and retailers) will not hit for a while, companies should consider taking some initial steps now to understand how these regulations may affect operations in the future.
October 8, 2013

Lynn L. Bergeson, “The Regulation of Renewable Chemicals Under the Toxic Substance Control Act (TSCA),” Environmental Quality Management, Fall 2013.

The application of the Toxic Substances Control Act (TSCA) to biobased chemicals is sometimes overlooked, given the enthusiasm supporting the commercialization of biobased products. This “Washington Watch” article explains TSCA’s application to these products and outlines strategies to ensure the successful marketing of biobased chemical products.
October 1, 2013

Lynn L. Bergeson, “EPA Releases Final Comprehensive Environmental Assessment Applied to MWCNTs in Flame-Retardant Coatings in Upholstery Textiles,” Nanotechnology Now, October 1, 2013.

The U.S. Environmental Protection Agency (EPA) posted on September 30, 2013, a final report entitled Comprehensive Environmental Assessment Applied to Multiwalled Carbon Nanotube Flame-Retardant Coatings in Upholstery Textiles: A Case Study Presenting Priority Research Gaps for Future Risk Assessments.
October 1, 2013

Lynn L. Bergeson, “EPA Releases Final Comprehensive Environmental Assessment Applied to MWCNTs in Flame-Retardant Coatings in Upholstery Textiles,” Nanotechnology Now, October 1, 2013.

The U.S. Environmental Protection Agency (EPA) posted on September 30, 2013, a final report entitled Comprehensive Environmental Assessment Applied to Multiwalled Carbon Nanotube Flame-Retardant Coatings in Upholstery Textiles: A Case Study Presenting Priority Research Gaps for Future Risk Assessments.
October 1, 2013

Lynn L. Bergeson, “New Executive Order Issued to Improve Safety at Chemical Manufacturing Facilities,” Pollution Engineering, October 1, 2013.

On Aug. 1, 2013, President Barack Obama issued Executive Order (EO) 13650, ordering federal agencies to review safety rules at chemical facilities in response to the April explosion at the West Fertilizer Co., in West, Texas. The order, Improving Chemical Facility Safety and Security, seeks to close gaps in the regulation of facilities that the government believes contributed to the fatal accident. Here is a summary of that order.