On December 5, 2011, the California Department of Toxic Substances Control (DTSC) held a workshop to review DTSC’s “informal draft” Safer Consumer Products Regulations (SCPR) released on October 31, 2011. Bergeson & Campbell, P.C.’s (B&C) memoranda providing background information on SCPR are available online. DTSC began by reviewing the elements of the regulation — the Chemicals of Concern (COC) List; the prioritization of products; the quality...
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 memorandum provides additional information regarding this momentous regulatory achievement. HeiQ AGS-20 is a silver-based antimicrobial pesticide product that will be incorporated into textiles to suppress the growth of bacteria, which EPA states in its December 1, 2011, Decision Document...
December 1, 2011
EPA Conditionally Registers Pesticide Product Containing Nanosilver As a New Active Ingredient
The U.S. Environmental Protection Agency (EPA) announced on December 1, 2011, that it is conditionally registering a pesticide product containing nanosilver as a new active ingredient. HeiQ AGS-20 is a silver-based antimicrobial pesticide product approved for use as a preservative for textiles. The final registration is not yet in the docket. We believe, but cannot confirm, the final registration is largely similar to the draft proposed registration issued last year. As members of the nano...
On November 29, 2011, the National Toxicology Program (NTP) held a listening session on its proposed revisions to the review process for the Report on Carcinogens (RoC). According to NTP, its proposed changes are intended to “enhance transparency and efficiency and to enable the NTP to publish the RoC in a timelier manner. The NTP also seeks to maintain critical elements of the existing process including external scientific and public involvement, scientific rigor, and external...
Guidelines for Selecting Product-Related Environmental Sustainability Standards and/or Ecolabeling Programs The American National Standards Institute (ANSI) hosted on November 22, 2011, a webinar delivered by the U.S. Environmental Protection Agency (EPA) and the General Services Administration (GSA) titled Guidelines for Selecting Product-Related Environmental Sustainability Standards and/or Ecolabeling Programs. The webinar provided an update on ongoing federal efforts to develop...
November 21, 2011
DTSC GRSP Meets to Review Revised “Informal Draft” Safer Consumer Products Regulations
On November 14-15, 2011, the California Department of Toxic Substances Control’s (DTSC) Green Ribbon Science Panel (GRSP) met to review DTSC’s “informal draft” Safer Consumer Products Regulations (SCPR) released on October 31, 2011. Memoranda providing background information are available online. Information about the meeting can be found online. During the meeting, DTSC provided an explanation for how the regulations were developed and then set forth questions...
On November 17, 2011, the Senate Environment and Public Works Committee and the Committee’s Superfund, Toxics, and Environmental Health Subcommittee held a hearing on legislation intended to reform the Toxic Substances Control Act (TSCA), the Safe Chemicals Act of 2011 (S. 847). Senator Frank Lautenberg (D-NJ), who introduced the legislation on April 14, 2011, and is Chair of the Subcommittee, chaired the hearing. The Safe Chemicals Act is intended to modernize TSCA to require chemical...
On November 15, 2011, the Congressional Nanotechnology Caucus hosted a briefing on the impact of nanotechnology on job creation. Topics addressed included the best ways to encourage private/public partnerships; what kind of jobs nanotechnology investment can create; and where private capital is investing money in nanotechnology. Guest speakers included: As noted in Jamison and Flynn’s slides, the discussion reinforced the view that nanotechnology is creating jobs and helping grow the...
Responses to questions raised by stakeholders during the September 15, 2011, Chemical Data Reporting (CDR) rule webinar, hosted by Bergeson & Campbell, P.C. (B&C), are provided below. During the September 15, 2011, webinar, which was attended by more than 300 participants, numerous issues, questions, and requests for clarification were addressed during the Q&A portion of the webinar. Many of the questions submitted, however, could not be addressed during the time allotted. In...
On November 15, 2011, the Congressional Nanotechnology Caucus will host a briefing on the impact of nanotechnology on job creation. Topics to be addressed include the best ways to encourage private/public partnerships; what kind of jobs nanotechnology investment can create; and where private capital is investing money in nanotechnology. Guest speakers will include: The briefing will begin at 3:00 p.m. in Room 385 of the Russell Senate Office Building. To RSVP, please contact Matt Bormet...
The Nanotechnology Industries Association (NIA) will hold a workshop on November 30, 2011, entitled “Defining Nano!? Compliance Requirements & Market Impact of the EU Definition of ‘Nanomaterials.'” The workshop, which will be held in Brussels, Belgium, is intended to answer questions such as which market sectors will be affected by additional regulatory compliance, the economic impact on current and future applications of nanotechnologies, how the European Union (EU)...
On November 17, 2011, the Senate Environment and Public Works Committee and the Committee’s Superfund, Toxics, and Environmental Health Subcommittee will hold a hearing on legislation intended to reform the Toxic Substances Control Act (TSCA), the Safe Chemicals Act of 2011 (S. 847). Senator Frank Lautenberg (D-NJ), who introduced the legislation on April 14, 2011, and is Chair of the Subcommittee, will chair the hearing. The Safe Chemicals Act is intended to modernize TSCA to require...
On November 8, 2011, CropLife America and the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) Pesticides, Chemical Regulation, and Right-to-Know Committee convened a program entitled “What’s New, What’s Hot in Pesticide Law and Policy.” Rosemarie Kelley, Director of the U.S. Environmental Protection Agency’s (EPA) Office of Civil Enforcement’s Waste and Chemical Enforcement Division, gave a presentation concerning...
On October 31, 2011, the California Department of Toxic Substances Control (DTSC) released an “informal draft” Safer Consumer Products Regulations (SCPR). DTSC proposed these regulations after ten months of meetings following the California Secretary for Environmental Protection’s instructions to DTSC to stop working on issuing proposed regulations and instead “take additional time to be responsive to the concerns raised and revisit the proposed regulations.”...
The National Toxicology Program (NTP) published an October 31, 2011, Federal Register notice inviting written comments on its proposed Report on Carcinogens (RoC) review process and announcing a public listening session to receive oral comments. 76 Fed. Reg. 67200. The RoC is a Congressionally mandated, biennial document that identifies agents, substances, mixtures, or exposure circumstances that may pose a hazard to human health by virtue of their carcinogenicity. Substances...
October 31, 2011
SAB Announces Initiatives Intended to Enhance Public Involvement in Advisory Activities
The U.S. Environmental Protection Agency (EPA) Science Advisory Board (SAB) recently posted a list of fiscal year (FY) 2012 initiatives intended to enhance public involvement in advisory activities. According to the SAB website, in response to suggestions received at a June 1, 2011, session on public involvement, the SAB Staff Office developed additional practices to enhance public involvement in activities of the SAB, Clean Air Scientific Advisory Committee (CASAC), and Advisory...
On October 25, 2011, Office of Chemical Safety and Pollution Prevention (OCSPP) Assistant Administrator Stephen A. Owens announced his resignation from the U.S. Environmental Protection Agency (EPA). In his message to EPA staff, Mr. Owens stated: I am writing to tell you that, after more than two years of working closely with all of you to protect Americans’ health and environment, I have made the difficult decision to leave EPA. My last day in the...
The October 21, 2011, Federal Register includes two test rules concerning high production volume (HPV) chemicals: a final test rule for certain chemicals from the third group, and a proposed test rule and proposed significant new use rule (SNUR) for the fourth group of chemicals. See 76 Fed. Reg. 65385 and 65580, respectively. The proposed “SNUR plus test rule” represents a novel approach for the U.S. Environmental Protection Agency (EPA) in handling HPV chemicals...
On October 20, 2011, the National Nanotechnology Initiative (NNI) released its 2011 Environmental, Health, and Safety Research Strategy (Strategy), which is intended to provide guidance to the federal agencies that produce scientific information for risk management, regulatory decision-making, product use, research planning, and public outreach. The Strategy lists the following core research areas providing this information: (1) nanomaterial measurement infrastructure; (2) human...
The European Commission (EC) adopted on October 18, 2011, a Recommendation on the definition of a nanomaterial. The Recommendation “invites” member states, European Union agencies, and economic operators to use the following definition of nanomaterial “in the adoption and implementation of legislation and policy and research programmes concerning products of nanotechnologies”: The Recommendation states that, by December 2014, the EC will review the definition...