Articles

While regulators are generally supportive of new chemistries that can replace older, petroleum-based ones, biobased chemicals are subject to the same Toxic Substances Control Act (TSCA) that governs every other chemical substance in the United States. Surprisingly, biobased chemicals that are considered to be “new chemicals” may actually receive more scrutiny under this law than established chemicals do. The following article provides practical information about the TSCA provisions that are...

Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed -- a great product, a great brand, inspiring leadership, and vision -- biobased product companies need to understand how the U.S. Environmental...

Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ) introduced S. 1009, the Chemical Safety Improvement Act (CSIA), in May 2013. The CSIA provides a new approach to Toxic Substances Control Act (TSCA) reform that, to date, has met with broad stakeholder approval. Highlights of the draft bill are below.

The U.S. International Trade Commission (ITC) published a notice in the July 30, 2013, Federal Register announcing that, following receipt of a letter from the United States Trade Representative (USTR), it instituted investigation No. 332-541, "Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union."

The U.S. Environmental Protection Agency (EPA) recently released a fact sheet (www.epa.gov/oppt/newchems/pubs/isotopes.pdf) on reporting chemical substances that contain different isotopes of the same elements listed on the Toxic Substances Control Act (TSCA) Inventory. The document has enforcement consequences, so stakeholders should review it carefully. This column explains its significance. 

As with many countries, Korea is pursuing a chemicals management approach that ensures substances being placed on its market are assessed for risk potential based on its use patterns while placing the burden of safe use on chemical businesses.

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report entitled “Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach.” The report is available at www.gao.gov/products/GAO-13-249. This article summarizes the findings and its implications.

On June 21, 2013, the European Commission (EC) began a consultation on the modification of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation annexes on nanomaterials. According to the EC, the objective of the initiative is to provide further clarity on how nanomaterials are addressed.

The United States Environmental Protection Agency (US EPA) released its first draft risk assessments developed under the Toxic Substances Control Act (TSCA) “Work Plan Program” on January 4, 2013. The draft risk assessments cover particular uses of five chemicals found in household products. While the chemicals covered in these first draft assessments may or may not be of interest to Environmental Quality Management readers, the draft assessments can give us a sense of how the Agency is...

On June 13, 2013, the Organization for Economic Cooperation and Development's (OECD) Working Party on Nanotechnology (WPN) published the final report Nanotechnology for Green Innovation. The report summarizes information collected from various projects undertaken by the WPN regarding the use of nanotechnology for green innovation.

In a rare bipartisan expression of support for reform of the Toxic Substances Control Act (TSCA), Sen. David Vitter, R-La., and the late Frank Lautenberg, D-N.J., introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), S. 1009. The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may occur. Lawyers and others in this space need to be keenly aware of these legislative efforts as TSCA...

As part of the Toxic Substances Control Act (TSCA) Work Plan, EPA announced on March 27, 2013, that it would begin assessments on 23 chemicals, with a specific focus on flame retardant chemicals. The Agency will evaluate 20 flame retardant chemicals, conducting full risk assessments for four of the flame retardants, three of which are on the TSCA Work Plan, and one of which was the subject of an Action Plan.

The latest approach to TSCA reform addresses some industry concerns. Senators David Vitter (R-La.) and the late Frank Lautenberg (D-N.J.) in May introduced the Chemical Safety Improvement Act (CSIA), later designated S. 1009. CSIA is a new approach to Toxic Substances Control Act (TSCA) reform that industry stakeholders may view favorably when compared to prior legislative efforts. This article highlights key elements of the draft bill.

In a rare showing of bipartisan support for reform of the Toxic Substances Control Act (TSCA), senators David Vitter (Republican-Louisiana) and the late Frank Lautenberg (Democrat-New Jersey) recently introduced the Chemical Safety Improvement Act (CSIA). The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that needed modernisation of this important chemical management law may happen.

On May 17, 2013, the National Nanotechnology Initiative (NNI) published a report on regional, state, and local (RSL) initiatives in nanotechnology. See http://nano.gov/node/1020 The report is the result of a workshop, convened May 1-2, 2012, and sponsored by the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the National Science and Technology Council and the Oregon Nanoscience and Microtechnologies Institute.

In May 2013, the European Commission (EC) posted a January 2013 report entitled Examination and assessment of consequences for industry, consumers, human health and the environment of possible options for changing the REACH requirements for nanomaterials. According to the report, 12 of the 21 originally suggested options are considered already implemented with existing legislation and guidance. The other nine options were considered relevant for an adaptation of the Registration, Evaluation,...

On May 9, 2013, the U.S. Environmental Protection Agency (EPA) promulgated a significant new use rule (SNUR) for premanufacture notice (PMN) substance P-12-44, which is identified as "functionalized multi-walled carbon nanotubes." According to the Federal Register notice, "[t]he PMN states that the generic (non-confidential) use of the substance is as an additive for rubber and batteries." EPA states that it determined that "use of the substance other than as described in the PMN; manufacturing,...

On April 11-12, 2013, the Netherlands Ministry of Infrastructure and the Environment hosted an invitation-only conference entitled "Building Blocks for Completing EU Regulation of Nanomaterials." The conference was intended to identify areas where current European Union (EU) legislation on nanomaterials is insufficient. Participants included representatives from Member States, the European Commission (EC), European Parliament (EP), industry, and a number of non-governmental organizations.

There has been a lot of talk lately about reforming Toxic Substances Control Act (TSCA). Sadly, that is all it is: talk. It appears that the prospects for TSCA reform legislation passing any time soon continue to be dim, even with the democrats retaining control of the Senate.

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report on the U.S. Environmental Protection Agency (EPA) titled "Toxic Substances: EPA has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach." The report is available at www.gao.gov/products/GAO-13-249. The GAO has long faulted the EPA's chemicals management program. In 2005, GAO reported that the EPA failed to use its Toxic Substances Control Act (TSCA) authority to obtain...

On April 30, 2013, the U.S. Environmental Protection Agency (EPA) Design for the Environment (DfE) announced the availability of the final report entitled Application of Life-Cycle Assessment to Nanoscale Technology: Lithium-ion Batteries for Electric Vehicles.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels.

On Feb. 7, 2013, EPA proposed 2013 renewable fuel standards for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2013. (78 Fed. Reg. 9282.) The proposal would require producers, importers and distributors of gasoline and diesel to add larger proportions of renewable fuel to their fuel products. EPA has also proposed, in a separate rulemaking signed on Jan. 31, 2013, an alternative voluntary...

On February 21, 2013, the Fourth Circuit Court of Appeals issued a landmark decision in Dow Agrosciences v. National Marine Fisheries Service (NMFS). It set aside a Biological Opinion (BiOp) prepared by the NMFS that found use of pesticides chlorpyrifos, diazinon, and malathion could jeopardize certain species of salmon and their habitat. The decision will have significant implications for the government and pesticide registrants alike. Here’s why.

On Dec. 20, 2012, EPA issued a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The final rule accomplishes two broad goals: it revises the Clean Air Act (CAA) emission limits for CISWIs, and it revises the definition under the Resource Conservation and Recovery Act of nonhazardous secondary material (NHSM). This column discusses the CAA aspects of the rule. More information regarding the adjustments for...

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.

On March 11, 2013, at the annual meeting of the Society of Toxicology, researchers from the National Institute for Occupational Safety and Health (NIOSH) reported preliminary findings from a new laboratory study in which mice were exposed by inhalation to multi-walled carbon nanotubes (MWCNT).

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.

The U.S. EPA announced on January 4, 2013, the first draft risk assessments developed under the Toxic Substances Control Act (TSCA) Work Plan. This is an important development of which PE readers should be familiar.

Manufacturers working with nanoscale materials will be pleased to know that the U.S. Occupational Safety and Health Administration (OSHA) recently published a fact sheet entitled "Working Safely with Nanomaterials". This document is a welcome addition to the widely available literature on managing prudently workplace exposures to nanomaterials.

The U.S. Environmental Protection Agency’s (EPA) resources are not expected to be robust. This will translate to further reductions in its operating programs such as the Office of Chemical Safety and Pollution Prevention (OCSPP), and eventually (if not already) will translate into personnel, skills-mix and salary impacts. This will hinder the ability of both OCSPP programs – Office of Pesticide Programs (OPP) and Office of Pollution Prevention and Toxics (OPPT) – to review submissions in a...

On November 27, 2012, EPA released The EDSP Universe of Chemicals and General Validation Principles, as well as the list of approximately 10,000 chemicals. This article explains the document and its implications.

The U.S. Environmental Protection Agency (EPA) released on January 4, 2013, the first draft risk assessments developed under the Toxic Substances Control Act (TSCA) Work Plan. This article explains why these assessments are important.

Since President Obama won on November 6, the forecast for Pollution Engineering readers is a bit clearer. Below are preliminary observations on what lies ahead regarding environmental issues at the legislative and regulatory levels.

The California Department of Toxic Substances Control (CDTSC) is one step closer to implementing the state’s Green Chemistry Initiative (GCI), which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. These are not “garden variety” chemical regulations that impose a restriction here or there to prevent a perceived risk. Far from it. These regulations are game-changers. They ultimately will transform the way manufacturers select raw materials and...

On December 3, 2012, the U.S. Environmental Protection Agency (EPA) continued its use of the Toxic Substances Control Act (TSCA) to regulate products (not just chemicals) in publishing a final rule adding cadmium and cadmium compounds to the TSCA Section 8(d) rule. In so doing, manufacturers and importers of cadmium must submit unpublished health and safety studies to the EPA (including use in materials that have been or are "reasonably likely" to be incorporated into consumer products). This...

Barack Obama won a decisive victory in the presidential election on 6 November and the forecast for the next four years is clearer now than it was pre-election. This article offers some preliminary observations on what lies ahead regarding domestic chemical management issues at the legislative and regulatory levels.

The European Union in recent years has promulgated new regulations to set forth the procedures by which pesticides (called biocides and plant protectants in the EU) are registered and how companies can address issues related to the citation and compensation of data submitted that support those pesticide registrations. Canada also recently issued regulations setting forth new requirements on how data used to support a pesticide registration are protected. This article provides a broad overview of...

It is entirely appropriate to consider how REACH may influence reconsideration of the U.S. chemical regulatory environment, and the report provides some critical insights. But REACH is not the only consideration — Canada’s Chemical Management Plan should be considered as well. Further, REACH should be considered from a practitioner’s, not an academic’s, perspective to learn lessons relevant to U.S. chemicals management 

On August 15, 2012, EPA issued proposed amendments to the significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances to add seven PFAS chemical substances that have completed the new chemical review process under the Toxic Substances Control Act (TSCA). EPA has not yet commenced production or import, and to designate (for all listed PFAS chemical substances) “processing” as a significant new use. The agency is also proposing a SNUR for long-chain perfluoroalkyl...

The Integrated Risk Information System (IRIS) database of the U.S. Environmental Protection Agency (EPA) has stirred debate for years. EPA has vowed to reform its ways, and soon may be strongly urged to do so, as a result of an underway review mandated by Congress. Specifically, the measure directs the National Research Council (NRC) of the National Academy of Sciences (NAS) to review certain IRIS assessments. This article describes IRIS and the process underway to restore IRIS dossiers to...

The dual national goals of reducing America’s dependence on foreign oil and greening the economy converge in biobased chemicals, the promising and rapidly evolving field of technology that produces commercial chemicals from renewable feedstocks. Although biobased chemicals have a long history, increasing sensitivity to reliance on nonrenewable feedstocks and the environmental impact of petroleum-derived chemicals have hastened the commercialization of biobased chemicals, and today they are in...

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much-anticipated regulatory implementation of the state’s Green Chemistry Initiative.

On August 22, 2012, the Securities and Exchange Commission (SEC) adopted a final rule implementing Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This important and sweeping rule is effective for products manufactured in 2013, and the first annual reports are due May 31, 2014, and on May 31 every year thereafter. It obligates companies using minerals that might have come from conflict zones to disclose their use. Because such minerals are utilized in catalysts or...

The United States Environmental Protection Agency (US EPA) has taken some bold steps recently to strengthen its authority over existing chemicals -- using its expansive, but much maligned, authority under the Toxic Substances Control Act (TSCA). TSCA is an old statute, and believed by many to be out of date. But in “repurposing” its interpretation of its TSCA authority, US EPA has confirmed that the statute is more than a paper tiger

NRDC challenges EPA’s FIFRA registration of nanosilver.

EPA's recent proposals to apply its Significant New Use Rules (SNUR) authority under the Toxic Substances Control Act (TSCA) to “articles” raises legal and policy issues, and presents challenges to EPA and industry. Here is why.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much anticipated regulatory implementation of California's Green Chemistry Initiative. Below is a summary of the core elements of the proposed regulations -- chemicals of concern (COC), priority products (PP), alternative analysis (AA), and regulatory responses.

The U.S. Environmental Protection Agency (EPA) released on June 28, 2012, an Endocrine Disruptor Screening Program (EDSP) "Comprehensive Management Plan." While it's intended for internal use, EPA made the plan available to the public to be consistent with its stated objectives for transparency. The plan and its implications are discussed.

The FDA issues two new draft guidance documents on nanotechnology in food substances and cosmetics.