January 21, 2011

Bergeson & Campbell, P.C., “Nano Regulation and the New US Congress,” Nanotechnology Industries Association Newsletter, January 21, 2011.

The U.S. Environmental Protection Agency's (EPA) Office of Pollution Prevention and Toxic Substances (OPPT) and Office of Pesticide Programs (OPP) were both active with regard to nanoscale materials regulation and policy in 2010. The new year is expected to see comparable activity.
January 13, 2011

Lynn L. Bergeson, “SCPA Delays Could Impact Industry,” Chemical Processing, January 2011.

In response to concerns expressed by diverse stakeholders over the final draft of its Safer Consumer Product Alternatives (SCPA) regulations, the California Environmental Protection Agency (CalEPA) has delayed implementation of the regulations, which focus on chemicals and chemical ingredients in consumer products. The net effect of this recent development on the regulation of chemical substances in consumer products in California is uncertain. This column discusses the recent change in plans...
January 13, 2011

Lynn L. Bergeson and Charles M. Auer, “Nano Disclosures: Too Small to Matter or Too Big to Ignore?,” Natural Resources & Environment, Winter 2011.

Determining whether the presence of nanoscale materials in chemical substances, mixtures, and articles triggers a disclosure obligation is complicated. The decision turns on a calculus that includes what law applies, what is known about the presence of nanoscale components, what knowledge standard applies, whether and how a nanoscale material is defined, and an entity’s interpretation of disclosure obligations. This article outlines the state of domestic environmental and securities law and...
January 12, 2011

Bergeson & Campbell, P.C., “California DTSC Issues DCI for Nano Metals, Nano Metal Oxides, and Quantum Dots,” Nanotechnology Industries Association Newsletter, January 12, 2011.

On December 21, 2010, the California Department of Toxic Substances Control (DTSC) issued a much anticipated data call-in (DCI) for information regarding analytical test methods, and other relevant information, from manufacturers of nano silver, nano zero valent iron, nano titanium dioxide, nano zinc oxide, nano cerium oxide, and quantum dots.
January 1, 2011

Bergeson & Campbell, P.C., “Delayed Implementation of Safer Consumer Product Alternatives Regulations: Implications for Nanoscal,” Nanotechnology Industries Association Newsletter, January 1, 2011.

In response to concerns vigorously expressed by diverse stakeholders over the final draft of the Safer Consumer Product Alternatives (SCPA) Regulations, the California Environmental Protection Agency (CalEPA) has effectively delayed implementation of the much-anticipated regulations.
December 31, 2010

Lynn L. Bergeson, “The Proposed TSCA Inventory Update Reporting Rule: Big Changes Are in Store,” Environmental Quality Management, Winter 2010.

While debate continues to swirl around whether, and to what extent, the Toxic Substances Control Act (TSCA) needs retooling, just about everyone agrees that the U.S. Environmental Protection Agency (US EPA) needs more information on chemical production, use, and exposure in order to make informed decisions about chemical risk management. Most also agree that TSCA could be put to greater use for these purposes.
November 20, 2010

Lynn L. Bergeson, “CPSC Moves Ahead on Harmful Products Database,” Chemical Processing, November 2010.

The Consumer Product Safety Commission (CPSC) posted on its website on October 14, 2010, its draft final rule concerning the creation of a publicly available, searchable database on the safety of consumer products and other substances subject to CPSC regulation. The database is intended to provide a single point of access to reports of harm involving consumer products, manufacturer's comments on the reports, and recall information. This article discusses this important new database, and briefly...
November 1, 2010

Lynn L. Bergeson, “New Inventory Update Rule Reporting Heads Our Way,” Chemical Processing, October 2010.

The U.S. Environmental Protection Agency (EPA) proposed important revisions to the Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR). This column explains why chemical manufacturers and other stakeholders must be aware of the proposal and prepare now for its implications.
September 30, 2010

Lynn L. Bergeson, “Toxicity Testing Moves Ahead,” Chemical Processing, September 2010.

Who would have thought that an automated laboratory working around the clock could screen chemical substances for interactions with biological targets at speeds mere mortals could hardly consider — let alone match? Well, this is exactly what is occurring today thanks to a collaborative effort known as "Tox21" among the U.S. Environmental Protection Agency (EPA), the National Toxicology Program (NTP), and the National Institute of Health Chemical Genomics Center (NCGC). Recently, the U.S....
September 1, 2010

Lynn L. Bergeson, “Washington:  California Is Setting Precedent,” Manufacturing Today, Fall 2010.

The California Department of Toxic Substances Control (DTSC) released on June 23, 2010, draft regulations implementing California’s precedent-setting and game-changing Green Chemistry Initiative. Manufacturers need to understand how this controversial regulatory program may operate, and why it will alter forever the way consumer products are designed and manufactured.
August 29, 2010

Lynn L. Bergeson, “Legal Lookout: EPA Issues Final “Tailoring” GHG Permitting Rule,” Pollution Engineering, August 2010.

On June 3, 2010, the U.S. Environmental Protection Agency (EPA) issued a final rule addressing greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act (CAA). This controversial rule set thresholds for GHG emissions that define when permits under the New Source Review Prevention of Significant Deterioration (PSD) and Title V operating permit programs are required for new and existing industrial facilities.
July 30, 2010

Lynn L. Bergeson, “Transportation Revisions Are Coming Down the Pipeline,” Chemical Processing, July 2010.

The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) recently signaled interest in revising the hazardous materials regulations (HMR) governing transportation of combustible materials. PHMSA seeks to harmonize domestic and international regulations applicable to transportation of combustible liquids.