On June 9, 2010, the California Department of Toxic Substances Control (CDTSC) held a conference entitled "Alternatives Analysis Symposium I: Issues and Evolution, Capitalizing on Success." CDTSC states that the alternatives analysis process for chemicals used in consumer products is a "core element" of California's Green Chemistry Initiative, and that identifying alternatives is a complex process, involving an analysis of a chemical's impact on human health and the environment. According to...
In a June 1, 2010, press release, the European Chemicals Agency (ECHA) announced that Member States have alerted ECHA and the European Commission (EC) "to industry positions on intermediates, which appear not to be in line with the definition of intermediates in [the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) legislation] and the guidance on intermediates." The purpose of the guidance document, agreed among all authorities, is to explain to industry when a...
On June 2, 2010, the European Parliament (EP) Committee on the Environment, Public Health, and Food Safety approved the proposed recast of the Directive on the Restrictions of Hazardous Substances (RoHS) in Electrical and Electronic Equipment, with 55 votes in favor, one against, and two abstentions. Although the proposal by rapporteur Jill Evans would have added all brominated and chlorinated flame retardants, polyvinyl chloride, chlorinated plasticizers, and three phthalates -- butyl benzyl...
On May 27, 2010, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing that it will begin a general practice of reviewing confidentiality claims for chemical identities in health and safety studies submitted under the Toxic Substances Control Act (TSCA). 75 Fed. Reg. 29754, available online. EPA states that TSCA Section 14(b) "does not extend confidential treatment to health and safety studies, or data from health and safety studies, which,...
In a recent European Chemicals Agency (ECHA) e-News release, dated May 19, 2010, ECHA provides a brief summary and Internet links to several important press releases to assist notifiers. The release provides a brief overview of the duties that are required to be met under notification along with access to documents and web pages that provide assistance on performing Classification, Labelling and Packaging (CLP) notifications in association with the CLP Regulation (1272/2008). This memorandum...
According to a prepublication copy of a forthcoming Federal Register notice, all U.S. Environmental Protection Agency (EPA) regions will propose a draft National Pollutant Discharge Elimination System (NPDES) general permit for point source discharges from the application of certain pesticides to U.S. waters. Once final, the permit will be available to operators in those areas where EPA is the NPDES permitting authority. According to the notice, this action is in response to the Sixth...
On May 20, 2010, the U.S. Consumer Product Safety Commission (CPSC) issued a proposed rule regarding the conditions and requirements for testing component parts of consumer products to demonstrate compliance of a consumer product with all applicable rules, bans, standards, and regulations to support a general conformity certificate or a certificate for a children's product pursuant to Section 14(a) of the Consumer Product Safety Act (CPSA); as part of a reasonable testing program pursuant to...
According to the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA), a potentially lethal workplace hazard lurks at the feet of millions of workers in the U.S. The floors and other surfaces that American workers walk on during our daily work routines can be the cause of serious injuries. Slips, trips and falls -- particularly falls from elevated heights -- for decades have been a leading cause of workplace fatalities in the U.S. Since 1992, the U.S. has averaged over...
May 19, 2010
EPA Announces Draft PR Notice Concerning False or Misleading Pesticide Product Brand Names
Today the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of, and seeking public comment on, a draft Pesticide Registration (PR) Notice entitled "False or Misleading Pesticide Product Brand Names." According to EPA, the draft PR Notice is intended to provide guidance to applicants, registrants, and distributors concerning pesticide product brand names that may be false or misleading, either by themselves or in association with...
Today the U.S. Environmental Protection Agency (EPA) issued what it describes as a "common sense" approach to addressing greenhouse gas (GHG) emissions from stationary sources under the Clean Air Act (CAA) by phasing-in the deadlines by which facilities must obtain permits for GHG emissions. Specifically, this controversial final rule sets thresholds for GHG emissions that define when permits under the New Source Review (NSR) Prevention of Significant Deterioration (PSD) and Title V Operating...
Thank you for participating in Bergeson & Campbell, P.C.'s webinar on TSCA Reform on Monday, May 10, 2010. We are delighted that you were able to participate, and hope that you found the information and format useful and convenient. Apropos of our recent webinar, we thought we would use this occasion to share Charlie Auer's response to a recent blog posting by Dr. Richard Denison regarding the reasons why Charlie believes some aspects of the current legislative initiatives to amend TSCA may...
May 4, 2010
New York Sustainability and Green Procurement Advisory Council Drafting Recommendations for FY 2010-11
The Sustainability and Green Procurement Advisory Council (Advisory Council) of the New York Interagency Committee on Sustainability and Green Procurement (Interagency Committee) is in the process of drafting recommendations for inclusion in the annual report required under Governor David Paterson's 2008 Executive Order (EO) directing state agencies, public authorities, and public benefit corporations to buy environmentally friendly products. In September 2009, the Advisory Council voted 9-1 to...
Monday, May 10, 2010 11:00 a.m. - 1:00 p.m. (EDT) Bergeson & Campbell, P.C. (B&C) is hosting a free webinar on TSCA Reform Legislative Initiatives on May 10, 2010. On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, S. 3209 (SCA), which is intended to address the "core failings" of TSCA. Also on April 15, 2010, Representatives Bobby Rush (D-IL), Chairman of the Subcommittee on Commerce, Trade, and Consumer Protection, and Henry...
At yesterday's U.S. Environmental Protection Agency's (EPA) Pesticide Program Dialogue Committee (PPDC) meeting, William Jordan, Senior Policy Advisor, Office of Pesticide Programs (OPP), presented slides regarding nanotechnology and pesticides. Jordan briefly described how OPP is defining nanoscale materials and how the technology is being applied to the field of pesticides. His presentation described OPP's recent consultation with EPA's Scientific Advisory Panel (SAP) concerning nanosilver and...
Bergeson & Campbell. P.C. is pleased to provide the summary and comparison of the Toxic Substances Control Act (TSCA) reform measures recently circulated and invites you to participate in a webinar on Monday, May 10, 2010, at 11:00 a.m. - 1:00 p.m. (EDT). Details regarding the webinar are available here. On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, S. 3209 (SCA), which is intended to address the "core failings" of TSCA....
On April 16, 2010, the European Chemicals Agency (ECHA) published a list of substances that companies intend to register under the European Union's (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation by the November 30, 2010, deadline. The list is based on feedback received from companies and registrations already submitted via the authorized channels. One reason that this exercise is likely being undertaken now by ECHA is to enable ECHA to identify which...
Today Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, which is intended to address the “core failings” of TSCA. Representatives Bobby Rush (D-IL) and Henry Waxman (D-CA) released a discussion draft of their legislation, the Toxics Chemicals Safety Act of 2010, and announced an aggressive schedule that seeks to complete action by “mid-summer.” Lautenberg’s Safe Chemicals Act would: Ensure EPA will have information on chemical hazards, uses,...
April 12, 2010
DOT Considering Changes to Regulations Governing Transportation of Combustible Materials
The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) on April 5, 2010, issued an Advance Notice of Proposed Rulemaking (ANPRM) stating that it is considering revising the hazardous materials regulations (HMRs) governing the transportation of combustible materials. 75 Fed. Reg. 17111. Specifically, PHMSA is seeking to harmonize the domestic regulations applicable to the transportation of combustible liquids with international...
In a March 2010 fact sheet, the U.S. Environmental Protection Agency (EPA) describes how to determine whether a cleaning product is a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Under FIFRA, pesticide products must be registered if they are considered to be intended for a pesticidal purpose. EPA states that products are considered to be for a pesticidal purpose "if the person who distributes or sells them claims, states or implies that they can or should be...
More than 30 years have passed since the U.S. Environmental Protection Agency (EPA) issued its initial set of regulations on the use and distribution in commerce of polychlorinated biphenyls (PCBs) and PCB items. Now with three decades of experience and information on PCBs and PCB items, EPA has decided to exercise its authority under the Toxic Substances Control Act (TSCA) and reassess the regulations governing PCB use authorizations and distribution in commerce. On April 7, 2010, EPA issued an...