June 1, 2012

Lynn L. Bergeson, “OSHA Releases Final HCS Rule,” Chemical Processing, June 2012.

In March, the U.S. Occupational Safety and Health Administration (OSHA) issued its revised final Hazard Communication Standard (HCS), aligning it with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Here are some key aspects of the final rule, which will be fully implemented by 2016....
June 1, 2012

Lynn L. Bergeson, “Final HCS Rule Released,” Pollution Engineering, June 2012.

After much deliberation, the Occupational Safety and Health Administration (OSHA) announced in March that it has revised the Hazard Communication Standard (HCS), aligning it with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The final HCS rule, which becomes effective in May, will be implemented in various phases with full implementation by 2016....
June 1, 2012

Lynn L. Bergeson, “What is to Come,” Manufacturing Today, Summer 2012.

Much may be headed our way this year from the Hill in connection with reform of the Toxic Substance Control Act (TSCA) and chemical initiatives advanced by the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). The 2012 presidential election cycle is likely to influence any activity by either party or the administration over the next year....
June 1, 2012

Lynn L. Bergeson and Michael F. Cole, “Fullerenes Used in Skin Creams,” Nanotechnology Law & Business, Volume 9, Issue 2, June 2012.

Since the discovery of fullerenes in 1985, the scientific and business communities have been exploring possible commercial applications for these intriguing materials. This article will explore one such application, the use of fullerenes in skin creams. We will discuss the perceived advantages of such use, the concerns expressed regarding risks to health and the environment from fullerenes in skin cream, and the research reported to date on cosmetic usage. The article will conclude with a...
May 15, 2012

Lynn L. Bergeson, “White House Eyes Biobased Products,” Chemical Processing, May 2012.

On April 26, 2012, the Obama Administration released its National Bioeconomy Blueprint, which is intended to provide a comprehensive approach to harnessing innovations in biological research to address national challenges in health, food, energy and the environment. In a related development, the U.S. Department of Agriculture (USDA) proposed on May 1, 2012, amendments to 7 C.F.R. Part 3201, Guidelines for Designating Biobased Products for Federal Procurement....
May 15, 2012

Lynn L. Bergeson, “EO Increases Procurement of Biobased Products,” Pollution Engineering, May 2012.

The BioPreferred Program was established by the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. It is intended to increase federal procurement of biobased products, promote rural economic development, create new jobs, and provide new markets for farm commodities. The USDA manages the program....
May 12, 2012

Lisa R. Burchi, Charles M. Auer, Kathleen M. Roberts, and Lynn L. Bergeson, “Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?,” Bloomberg BNA Toxics Law Reporter, April 12, 2012.

Based on written communications from the EPA’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under the Toxic Substances Control Act’s Section 8(b)(2) authority. Given the statements from EPA over the past several years and recognizing that reporting under the TSCA Chemical Data Reporting rule commenced Feb. 1 (and runs through June 30, 2012), a critically important question is whether chemical...
April 13, 2012

Lynn L. Bergeson, “Dreaming No Longer:  California Issues Draft Safer Consumer Products Regulations,” Environmental Quality Management, Spring 2012.

On October 31, 2011, the California Department of Toxic Substances Control (CDTSC) released an “informal draft” of its Safer Consumer Products Regulations. The draft does a good job of outlining how CDTSC intends to implement key mandates contained in the state’s Green Chemistry Initiative, which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. This “Washington Watch” column summarizes key provisions of this precedent-setting, game-changing...
April 4, 2012

Bergeson & Campbell, P.C., “SNUR for Infused Carbon Nanostructures announced by the US EPA,” Nanotechnology Industries Association Newsletter, April 4, 2012.

The United States Environmental Protection Agency (EPA) has announced significant new use rules (SNURs) for 17 chemical substances, including ‘infused carbon nanostructures (generic)’, that had been the subjects of pre-manufacture notices (PMNs). Now enshrined as part of the Toxic Substances Control Act (TSCA),’this action requires persons who intend to manufacture, import, or process any of these 17 chemical substances for an activity that is designated as a significant new...
April 1, 2012

Lynn L. Bergeson, “EPA Targets Five Chemical Groups,” Chemical Processing, April, 2012.

The U.S. Environmental Protection Agency (EPA) released on March 20, 2012, proposed significant new use rules (SNUR) that would require companies to report all new uses of five groups of chemicals, including domestic and imported products and articles. This would give EPA the opportunity, if warranted, to prohibit or limit the activity. The chemicals, which were part of the EPA’s Chemical Action Plans from 2009 through 2011, are polybrominated diphenylethers (PBDE), hexabromocyclododecane...