June 1, 2013

Lynn L. Bergeson, “TSCA Reform: Grounds For Optimism,” Chemical Watch Global Business Briefing, June 2013.

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....
May 31, 2013

Lynn L. Bergeson, “NNI Publishes Report on RSL Initiatives in Nanotechnology,” Nanotechnology Now, May 31, 2013.

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....
May 29, 2013

Lynn L. Bergeson, “EC Posts Assessment of Consequences of Changing the REACH Requirements for Nanomaterials,” Nanotechnology Now, May 29, 2013.

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,...
May 22, 2013

Lynn L. Bergeson, “EPA Promulgates SNUR For Functionalized Multi-Walled Carbon Nanotubes,” Nanotechnology Now, May 22, 2013.

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...
May 2, 2013

Lynn L. Bergeson, “Conference Participants Discuss Need for EU Register of Nanomaterials,” Nanotechnology Now, May 2, 2013.

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...
May 1, 2013

Lynn L. Bergeson, “Government Accountability Office Attacks EPA Program,” Chemical Processing, May 2013.

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report on the U.S. Environmental Protection Agency (EPA) titled “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. The GAO has long faulted the EPA’s chemicals management program. In 2005, GAO reported that the EPA failed to use its Toxic Substances Control Act (TSCA)...
April 1, 2013

Lynn L. Bergeson, “Obama’s Second Term: What Does It Mean for US EPA and the Regulated Community?,” Environmental Quality Management, Spring 2013.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels....
April 1, 2013

Lynn L. Bergeson, “EPA Proposes 2013 Renewable Fuel Standards and Voluntary Quality Assurance Program,” Manufacturing Today, April 2013.

On Feb. 7, 2013, EPA proposed 2013 renewable fuel standards for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2013. (78 Fed. Reg. 9282.) The proposal would require producers, importers and distributors of gasoline and diesel to add larger proportions of renewable fuel to their fuel products. EPA has also proposed, in a separate rulemaking signed on Jan. 31, 2013, an...
April 1, 2013

Lynn L. Bergeson, “Landmark Ruling Affects Pesticide Makers,” Chemical Processing, April 2013.

On February 21, 2013, the Fourth Circuit Court of Appeals issued a landmark decision in Dow Agrosciences v. National Marine Fisheries Service (NMFS). It set aside a Biological Opinion (BiOp) prepared by the NMFS that found use of pesticides chlorpyrifos, diazinon, and malathion could jeopardize certain species of salmon and their habitat. The decision will have significant implications for the government and pesticide registrants alike. Here’s why....
April 1, 2013

Lynn L. Bergeson, “EPA Revises Rules for Waste Incineration,” Pollution Engineering, April 2013.

On Dec. 20, 2012, EPA issued a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The final rule accomplishes two broad goals: it revises the Clean Air Act (CAA) emission limits for CISWIs, and it revises the definition under the Resource Conservation and Recovery Act of nonhazardous secondary material (NHSM). This column discusses the CAA aspects of the rule. More information regarding the adjustments for...
March 12, 2013

Lynn L. Bergeson, “EPA Targets Renewable Fuel Fraud,” Chemical Processing, March 12, 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed....
March 12, 2013

Lynn L. Bergeson, “NIOSH Announces New Findings on Lung Tumor Formation in Laboratory Mice Exposed to Multi-Walled Carb,” Nanotechnology Now, March 12, 2013.

On March 11, 2013, at the annual meeting of the Society of Toxicology, researchers from the National Institute for Occupational Safety and Health (NIOSH) reported preliminary findings from a new laboratory study in which mice were exposed by inhalation to multi-walled carbon nanotubes (MWCNT)....
March 1, 2013

Lynn L. Bergeson, “EPA Targets Renewable Fuel Fraud,” Chemical Processing, March 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed....
February 15, 2013

Lynn L. Bergeson, “Work Safely with Nanomaterials,” Chemical Processing, February 15, 2013.

Manufacturers working with nanoscale materials will be pleased to know that the U.S. Occupational Safety and Health Administration (OSHA) recently published a fact sheet entitled “Working Safely with Nanomaterials“. This document is a welcome addition to the widely available literature on managing prudently workplace exposures to nanomaterials....
February 12, 2013

Lynn L. Bergeson, “Toxics Predictions,” Manufacturing Today, February 12, 2013.

The U.S. Environmental Protection Agency’s (EPA) resources are not expected to be robust. This will translate to further reductions in its operating programs such as the Office of Chemical Safety and Pollution Prevention (OCSPP), and eventually (if not already) will translate into personnel, skills-mix and salary impacts. This will hinder the ability of both OCSPP programs – Office of Pesticide Programs (OPP) and Office of Pollution Prevention and Toxics (OPPT) – to review submissions in...