January 1, 2013

Lynn L. Bergeson, “One Step Closer:  California Proposes Safer Consumer Products Regulations,” Environmental Quality Management, Winter 2012.

The California Department of Toxic Substances Control (CDTSC) is one step closer to implementing the state’s Green Chemistry Initiative (GCI), which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. These are not “garden variety” chemical regulations that impose a restriction here or there to prevent a perceived risk. Far from it. These regulations are game-changers. They ultimately will transform the way manufacturers select raw materials and...
December 13, 2012

Lynn L. Bergeson, “EPA Keeps Close Eye on Cadmium,” Chemical Processing, December 13, 2012.

On December 3, 2012, the U.S. Environmental Protection Agency (EPA) continued its use of the Toxic Substances Control Act (TSCA) to regulate products (not just chemicals) in publishing a final rule adding cadmium and cadmium compounds to the TSCA Section 8(d) rule. In so doing, manufacturers and importers of cadmium must submit unpublished health and safety studies to the EPA (including use in materials that have been or are "reasonably likely" to be incorporated into consumer products). This...
December 1, 2012

Lynn L. Bergeson, “The New Obama Administration: Forecast for the Speciality Chemicals Sector,” Speciality Chemicals Magazine Online Edition, December 2012.

Barack Obama won a decisive victory in the presidential election on 6 November and the forecast for the next four years is clearer now than it was pre-election. This article offers some preliminary observations on what lies ahead regarding domestic chemical management issues at the legislative and regulatory levels.
November 5, 2012

Lisa R. Burchi and Lynn L. Bergeson, “Pesticide Data Compensation in the EU and Canada,” Bloomberg BNA Daily Environment Report, November 5, 2012.

The European Union in recent years has promulgated new regulations to set forth the procedures by which pesticides (called biocides and plant protectants in the EU) are registered and how companies can address issues related to the citation and compensation of data submitted that support those pesticide registrations. Canada also recently issued regulations setting forth new requirements on how data used to support a pesticide registration are protected. This article provides a broad overview of...
November 1, 2012

Lynn L. Bergeson, “Comment on Regulating Industrial Chemicals: Lessons for U.S. Lawmakers From the European Union’s REACH Program,” Environmental Law Reporter, November 2012.

It is entirely appropriate to consider how REACH may influence reconsideration of the U.S. chemical regulatory environment, and the report provides some critical insights. But REACH is not the only consideration — Canada’s Chemical Management Plan should be considered as well. Further, REACH should be considered from a practitioner’s, not an academic’s, perspective to learn lessons relevant to U.S. chemicals management 
November 1, 2012

Lynn L. Bergeson, “Proposed PFAS and LCPFAC SNURs,” Pollution Engineering, November 2012.

On August 15, 2012, EPA issued proposed amendments to the significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances to add seven PFAS chemical substances that have completed the new chemical review process under the Toxic Substances Control Act (TSCA). EPA has not yet commenced production or import, and to designate (for all listed PFAS chemical substances) “processing” as a significant new use. The agency is also proposing a SNUR for long-chain perfluoroalkyl...
October 25, 2012

Lynn L. Bergeson, “EPA Plans to Improve IRIS Process,” Chemical Processing, October 25, 2012.

The Integrated Risk Information System (IRIS) database of the U.S. Environmental Protection Agency (EPA) has stirred debate for years. EPA has vowed to reform its ways, and soon may be strongly urged to do so, as a result of an underway review mandated by Congress. Specifically, the measure directs the National Research Council (NRC) of the National Academy of Sciences (NAS) to review certain IRIS assessments. This article describes IRIS and the process underway to restore IRIS dossiers to...
October 1, 2012

Lynn L. Bergeson, Charles M. Auer, and R. David Peveler, “TSCA and the Regulation of Renewable Chemicals,” Industrial Biotechnology, October 2012.

The dual national goals of reducing America’s dependence on foreign oil and greening the economy converge in biobased chemicals, the promising and rapidly evolving field of technology that produces commercial chemicals from renewable feedstocks. Although biobased chemicals have a long history, increasing sensitivity to reliance on nonrenewable feedstocks and the environmental impact of petroleum-derived chemicals have hastened the commercialization of biobased chemicals, and today they are in...
September 25, 2012

Lynn L. Bergeson, “Source of Minerals Gets New Scrutiny,” Chemical Processing, September 25, 2012.

On August 22, 2012, the Securities and Exchange Commission (SEC) adopted a final rule implementing Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This important and sweeping rule is effective for products manufactured in 2013, and the first annual reports are due May 31, 2014, and on May 31 every year thereafter. It obligates companies using minerals that might have come from conflict zones to disclose their use. Because such minerals are utilized in catalysts or...
September 1, 2012

Lynn L. Bergeson, “Old Dogs and New Tricks:  US EPA Gets Creative with TSCA,” Environmental Quality Management, Autumn (Fall) 2012.

The United States Environmental Protection Agency (US EPA) has taken some bold steps recently to strengthen its authority over existing chemicals -- using its expansive, but much maligned, authority under the Toxic Substances Control Act (TSCA). TSCA is an old statute, and believed by many to be out of date. But in “repurposing” its interpretation of its TSCA authority, US EPA has confirmed that the statute is more than a paper tiger
August 1, 2012

Lynn L. Bergeson, “California Aims For Safer Consumer Products,” Chemical Processing, August 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much anticipated regulatory implementation of California's Green Chemistry Initiative. Below is a summary of the core elements of the proposed regulations -- chemicals of concern (COC), priority products (PP), alternative analysis (AA), and regulatory responses.
July 1, 2012

Lynn L. Bergeson, “EPA Releases EDSP Management Plan,” Chemical Processing, July 2012.

The U.S. Environmental Protection Agency (EPA) released on June 28, 2012, an Endocrine Disruptor Screening Program (EDSP) "Comprehensive Management Plan." While it's intended for internal use, EPA made the plan available to the public to be consistent with its stated objectives for transparency. The plan and its implications are discussed.
July 1, 2012

Lynn L. Bergeson, “US EPA’s $1.4 Million TSCA Enforcement Action:  Why It Matters,” Environmental Quality Management, Summer 2012.

Enforcement actions under the Toxic Substances Control Act (TSCA) are not all that frequent. When they do occur, however, they tend to be memorable. The most recent example involves an action brought by the United States Environmental Protection Agency (US EPA) against Dover Chemical Corporation. On February 7, 2012, the Agency announced that Dover Chemical had agreed to pay a $1.4 million civil penalty for alleged violations of TSCA premanufacture notice (PMN) obligations.