December 1, 2011

Lynn L. Bergeson, “EPA Registers Nanosilver As Active Ingredient,” Chemical Processing, December 2011.

The U.S. Environmental Protection Agency (EPA) announced on December 1, 2011, that it granted a conditional registration for a pesticide product containing nanosilver as a new active ingredient. This is a momentous regulatory decision and very good news for supporters of nanopesticides....
December 1, 2011

James V. Aidala, Co-Author, “TSCA Reform:  The Standard of Safety,” Environmental Law Reporter News & Analysis, December 2011.

Several key issues have emerged as pivotal in ongoing efforts to reform TSCA. Progress on these complex issues is central to the success of TSCA reform. On July 21, 2011, ELI convened a panel of experts to examine the central issue of whether and what standard of safety should replace TSCA’s current “unreasonable risk” standard for regulating chemicals. Topics addressed included: hazard/exposure/risk criteria; burden of proof; judicial review of Agency decisions; sensitive populations;...
November 1, 2011

Lynn L. Bergeson, “A Special Report: Important Changes Are Made to the Chemical Data Reporting Rule,” Manufacturing Today, Fall/Winter 2011.

On August 16, 2011, the U.S. Environmental Protection Agency (EPA) issued the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. The CDR Rule expands the IUR to enable EPA to collect information on the manufacturing (including importing), processing, and use of commercial chemical sub­ stances and mixtures on the TSCA Chemical Substance Inventory (Inventory). This article provides...
October 1, 2011

Lynn L. Bergeson, “EPA Issues Final Weight-of-Evidence Guidance,” Chemical Processing, October 2011.

On September 28, 2011, the U.S. Environmental Protection Agency (EPA) published its final guidance on the weight-of-evidence (WoE) analysis it will use to evaluate the results of data submitted in response to test orders issued for Tier 1 screening under the Endocrine Disruptor Screening Program (EDSP). What follows is a brief overview of the Final WoE Guidance, which is available at http://www.regulations.gov....
September 12, 2011

Lisa R. Burchi, Charles M. Auer, and Lynn L. Bergeson, “EPA’s SNUR Authority and Key Points Regarding SNURs for Former New Chemicals,” BNA Daily Environment Report, September 12, 2011.

The U.S. Environmental Protection Agency’s use of its authority under the Toxic Substances Control Act is expanding. Its use of TSCA Section 5 ‘‘significant new use rule’’ (SNUR) authority is clearly on the increase, as most recently demonstrated by the important role that significant new use rules have in Chemical Action Plans. This article describes SNURs, their issuance and legal background, and a few key issues of which regulated entities need to be aware in...
September 2, 2011

Lynn L. Bergeson, “Targeting Priority Chemicals Under TSCA,” Law360, September 2, 2011.

Embracing new social media tools, the U.S. Environmental Protection Agency on Aug. 18, 2011, invited stakeholders to provide feedback on its new approach for identifying priority chemicals for review and assessment under the Toxic Substances Control Act (TSCA). Noting that the EPA’s online discussion forum will remain open until Sept. 14, 2011, the EPA invited public input on its “Discussion Guide: Background and Discussion Questions for Identifying Priority Chemicals for Review and...
September 1, 2011

Lynn L. Bergeson, “EPA Issues Chemical Data Reporting Rule,” Chemical Processing, September 2011.

The U.S. Environmental Protection Agency (EPA) issued on August 16, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. More information is available at http://www.epa.gov/cdr/. Set forth below are key components of the CDR Rule, how reporting will change from prior IUR reporting, and potential issues....