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....
July 2, 2010

Lynn L. Bergeson, “Washington: Safe for Humans?,” Manufacturing Today, Summer 2010.

Hundreds of U.S. businesses have already received in the mail test orders issued by the U.S. Environmental Protection Agency (EPA) for initial endocrine screening under the Endocrine Disruptor Screening Program (EDSP). Hundreds more will receive orders later this year. How recipients respond to an EDSP test order can present challenging issues. This article explains why....
July 2, 2010

Lynn L. Bergeson, “Nanosilver Pesticide Products: What Does the Future Hold?,” Environmental Quality Management, Summer 2010.

Last issue’s installment of the “Washington Watch” column discussed some key issues surrounding nanosilver and noted an ongoing review by the U.S. Environmental Protection Agency (US EPA) Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP). Now that the SAP has issued its much-anticipated report and recommendations, it is worth revisiting the topic of nanosilver pesticides....
July 2, 2010

Lynn L. Bergeson, “Tiny Particles Get Big Attention,” Chemical Processing, June 2010.

Nanoscale materials may figure in Toxic Substances Control Act (TSCA) reform. While not mentioning “nanotechnology,” a bill introduced on April 15, by Sen. Frank Lautenberg (D-NJ) addresses chemicals with “special substantive characteristics.” The bill authorizes the U.S. Environmental Protection Agency (EPA) to evaluate and compel data on new/special uses of existing chemicals “separate from any use of the chemical substance that does not exhibit such special...
July 2, 2010

Lynn L. Bergeson, “Legal Lookout: Endocrine Disruptors: Test Orders Abound,” Pollution Engineering, June 2010.

In April 2009, EPA identified a final list of 67 chemicals for initial screening under the Endocrine Disruptor Screening Program (EDSP). From October 2009 to April 2010, the agency issued more than 700 test orders. Responding to an EDSP test order can present challenging issues. The agency began implementing this mandate well over a decade ago through the EDSP....