April 1, 2012

Lynn L. Bergeson, “$1.4 Million Civil Penalty for TSCA Violations,” Pollution Engineering, April 2012.

If anyone is thinking big penalties under the Toxic Substances Control Act (TSCA) are a thing of the past, think again. On Feb. 7, 2012, EPA announced that the Dover Chemical Corp. has agreed to pay a $1.4 million civil penalty for the unauthorized manufacture of chemical substances at facilities in Dover, Ohio, and Hammond, Ind. The settlement resolves alleged violations of TSCA premanufacture notice (PMN) obligations for the production of various chlorinated paraffins. According to EPA, the...
April 1, 2012

Lynn L. Bergeson, “Does the New Rule Stink?  EPA Lifts Stay on Hydrogen Sulfide Reporting,” Manufacturing Today, Spring 2012.

On Oct.17, 2.011, the U.S. Environmental Protection Agency (EPA) announced its decision to lift the administrative stay of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 toxic chemical release reporting requirements for hydrogen sulfide (H2S) (CAS No.7783 6-4). The decision, which is not without controversy, has important implications for any industry sector that emits H2S.
March 14, 2012

Lynn L. Bergeson, “EPA Fines Dover Chemical $1.4 Million,” Chemical Processing, March 14, 2012.

The U.S. Environmental Protection Agency (EPA) recently announced that Dover Chemical Corporation has agreed to pay a $1.4-million civil penalty for alleged violations of Toxic Substances Control Act (TSCA) premanufacture notice (PMN) obligations for the production of various short-chain chlorinated paraffins (SCCP). This column explains why this enforcement action is noteworthy.
March 1, 2012

Lynn L. Bergeson, “TSCA Reform:  Business Strategies in Times of Political Gridlock,” CHEManager Europe, March 2012.

Most would agree that legislative reform of the U.S. Toxic Substances Control Act (TSCA) is long overdue. Few agree on what to change and how best to proceed. If you throw in the 2012 presidential election, you have gridlock. Commerce marches on, however, and with the Environmental Protection Agency reinventing TSCA implementation in innovative and effective ways, Reach setting the new global tone, and California creating a new template for sustainable consumer products, TSCA reform is at risk...
February 1, 2012

Lynn L. Bergeson, “NRDC Sues EPA Over Nanosilver,” Chemical Processing, February 2012.

On January 26, 2012, the Natural Resources Defense Council (NRDC) sued the U.S. Environmental Protection Agency (EPA) for approving a pesticide product containing nanosilver under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This article summarizes the lawsuit, explains what’s at stake, and discusses the lawsuit’s implications.
February 1, 2012

Lynn L. Bergeson, “Nanosilver Conditionally Registered as New Active Ingredient,” Pollution Engineering, February 2012.

In August 2010, EPA announced that it was considering allowing the Swiss company HeiQ Materials Ag to enter the U.S. market with a new nanosilver pesticide and textile preservative, HeiQ AGS-20. On Dec. 1, 2011, the EPA issued a conditional registration for a pesticide product.
January 26, 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 Daily Environment Report, January 26, 2012.

Based on written communications from the Environmental Protection Agency’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under Toxic Substances Control Act Section 8(b)(2) authority. Chemicals long considered part of these well-established categories identified decades ago are complex reaction products that fall under the TSCA Section 8(b)(2) category listing. Given the statements from EPA over...
January 19, 2012

Lynn L. Bergeson, James V. Aidala, co-authors, “2012 Predictions For TSCA Reform And EPA Initiatives,” Law360, January 19, 2012.

We offer our thoughts on what may be headed our way in 2012 with regard to reform of the Toxic Substances Control Act (TSCA) and chemical management initiatives from the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP).