Articles

On August 7, 2013, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) through a direct final rule for 53 chemical substances that were the subject of premanufacture notices (PMN), including two PMN substances whose reported chemical names include the term “carbon nanotube” (CNT)....

While regulators are generally supportive of new chemistries that can replace older, petroleum-based ones, biobased chemicals are subject to the same Toxic Substances Control Act (TSCA) that governs every other chemical substance in the United States. Surprisingly, biobased chemicals that are considered to be “new chemicals” may actually receive more scrutiny under this law than established chemicals do. The following article provides practical information about the TSCA provisions that are...

Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed — a great product, a great brand, inspiring leadership, and vision — biobased product companies need to understand how the U.S....

Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ) introduced S. 1009, the Chemical Safety Improvement Act (CSIA), in May 2013. The CSIA provides a new approach to Toxic Substances Control Act (TSCA) reform that, to date, has met with broad stakeholder approval. Highlights of the draft bill are below....

The U.S. International Trade Commission (ITC) published a notice in the July 30, 2013, Federal Register announcing that, following receipt of a letter from the United States Trade Representative (USTR), it instituted investigation No. 332-541, “Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union.”...

The U.S. Environmental Protection Agency (EPA) recently released a fact sheet (www.epa.gov/oppt/newchems/pubs/isotopes.pdf) on reporting chemical substances that contain different isotopes of the same elements listed on the Toxic Substances Control Act (TSCA) Inventory. The document has enforcement consequences, so stakeholders should review it carefully. This column explains its significance. ...

As with many countries, Korea is pursuing a chemicals management approach that ensures substances being placed on its market are assessed for risk potential based on its use patterns while placing the burden of safe use on chemical businesses....

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report entitled “Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach.” The report is available at www.gao.gov/products/GAO-13-249. This article summarizes the findings and its implications....

On June 21, 2013, the European Commission (EC) began a consultation on the modification of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation annexes on nanomaterials. According to the EC, the objective of the initiative is to provide further clarity on how nanomaterials are addressed....

The United States Environmental Protection Agency (US EPA) released its first draft risk assessments developed under the Toxic Substances Control Act (TSCA) “Work Plan Program” on January 4, 2013. The draft risk assessments cover particular uses of five chemicals found in household products. While the chemicals covered in these first draft assessments may or may not be of interest to Environmental Quality Management readers, the draft assessments can give us a sense of how the...

On June 13, 2013, the Organization for Economic Cooperation and Development’s (OECD) Working Party on Nanotechnology (WPN) published the final report Nanotechnology for Green Innovation. The report summarizes information collected from various projects undertaken by the WPN regarding the use of nanotechnology for green innovation....

In a rare bipartisan expression of support for reform of the Toxic Substances Control Act (TSCA), Sen. David Vitter, R-La., and the late Frank Lautenberg, D-N.J., introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), S. 1009. The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may occur. Lawyers and others in this space need to be keenly...

As part of the Toxic Substances Control Act (TSCA) Work Plan, EPA announced on March 27, 2013, that it would begin assessments on 23 chemicals, with a specific focus on flame retardant chemicals. The Agency will evaluate 20 flame retardant chemicals, conducting full risk assessments for four of the flame retardants, three of which are on the TSCA Work Plan, and one of which was the subject of an Action Plan....

The latest approach to TSCA reform addresses some industry concerns. Senators David Vitter (R-La.) and the late Frank Lautenberg (D-N.J.) in May introduced the Chemical Safety Improvement Act (CSIA), later designated S. 1009. CSIA is a new approach to Toxic Substances Control Act (TSCA) reform that industry stakeholders may view favorably when compared to prior legislative efforts. This article highlights key elements of the draft bill....

In a rare showing of bipartisan support for reform of the Toxic Substances Control Act (TSCA), senators David Vitter (Republican-Louisiana) and the late Frank Lautenberg (Democrat-New Jersey) recently introduced the Chemical Safety Improvement Act (CSIA). The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that needed modernisation of this important chemical management law may happen....

On May 17, 2013, the National Nanotechnology Initiative (NNI) published a report on regional, state, and local (RSL) initiatives in nanotechnology. See http://nano.gov/node/1020 The report is the result of a workshop, convened May 1-2, 2012, and sponsored by the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the National Science and Technology Council and the Oregon Nanoscience and Microtechnologies Institute....

In May 2013, the European Commission (EC) posted a January 2013 report entitled Examination and assessment of consequences for industry, consumers, human health and the environment of possible options for changing the REACH requirements for nanomaterials. According to the report, 12 of the 21 originally suggested options are considered already implemented with existing legislation and guidance. The other nine options were considered relevant for an adaptation of the Registration, Evaluation,...

On May 9, 2013, the U.S. Environmental Protection Agency (EPA) promulgated a significant new use rule (SNUR) for premanufacture notice (PMN) substance P-12-44, which is identified as “functionalized multi-walled carbon nanotubes.” According to the Federal Register notice, “[t]he PMN states that the generic (non-confidential) use of the substance is as an additive for rubber and batteries.” EPA states that it determined that “use of the substance other than as...

On April 11-12, 2013, the Netherlands Ministry of Infrastructure and the Environment hosted an invitation-only conference entitled “Building Blocks for Completing EU Regulation of Nanomaterials.” The conference was intended to identify areas where current European Union (EU) legislation on nanomaterials is insufficient. Participants included representatives from Member States, the European Commission (EC), European Parliament (EP), industry, and a number of non-governmental...

There has been a lot of talk lately about reforming Toxic Substances Control Act (TSCA). Sadly, that is all it is: talk. It appears that the prospects for TSCA reform legislation passing any time soon continue to be dim, even with the democrats retaining control of the Senate....