Memoranda

Lynn L. Bergeson Collaborated on the White Paper We are pleased to announce the release of the final white paper from the October 8-9, 2009, summit entitled "Environmentally Responsible Development of Nanotechnology," which was held by The Research Triangle Environmental Health Collaborative. The charge for summit attendees was to explore issues regarding potential risk across nano-enabled product lifecycles, with the goal of generating a set of recommendations for North Carolina businesses...

On June 23, 2010, Health Canada issued final regulations to set forth new "rules on how the scientific data used to support a pesticide registration is protected from reliance by another applicant or registrant." The regulations are available online. Health Canada states: "These Regulations are designed to provide a legally enforceable and fair process of pesticide data protection. They are intended to benefit pesticide users, particularly in the agricultural sector, by encouraging the...

Taiwan's Council of Labor Affairs of the Executive Yuan (CLA) has developed and released operational guidelines for nominating existing chemical substances for listing on a national Inventory. Through creation of a national Inventory, Taiwan intends to strengthen its control over the manufacture, import, and use of chemicals in Taiwan, thus improving its national chemical management. It is a preparatory process for establishing the National Existing Chemical Substance Inventory. Once completed,...

The California Department of Toxic Substances Control (CDTSC) released on June 23, 2010, the draft regulations for safer consumer product alternatives. CDTSC states that the draft regulations "would prioritize toxic chemicals and products, require manufacturers to seek safer alternatives to toxic chemicals in their products, and create tough governmental responses for lack of compliance." Under the draft regulations, CDTSC would create a list of chemicals that it deems toxic and believes could...

According to a report released today by the U.S. Government Accountability Office (GAO), the U.S. Environmental Protection Agency (EPA) faces challenges in effectively regulating nanomaterials that may be released in air, water, and waste because EPA lacks the technology to monitor and characterize these materials, or the statutes include volume-based regulatory thresholds that may be too high for effectively regulating the production and disposal of nanomaterials. In preparing its report, GAO...

On June 21, 2010, the Supreme Court issued a decision in Monsanto, et al v. Geertson Seed Farms, et al. In the 7-1 decision, the Court reversed a decision by the 9th Circuit Court of Appeals. The Court held that the District Court that reviewed a decision by the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture abused its discretion when it issued an injunction precluding APHIS from allowing any sale or use of Roundup Ready Alfalfa (RRA), a variety of...

On June 22, 2010, the U.S. Environmental Protection Agency (EPA) announced that employees at facilities regulated under Section 112(r) of the Clean Air Act (CAA) will be invited to participate in government inspections of their worksites. Interim guidance issued by EPA and referenced in its announcement states that "[e]ffective immediately, EPA staff conducting CAA section 112(r) on-site compliance evaluations should offer facility employees and employee representatives the opportunity to...

On June 18, 2010, the U.S. Environmental Protection Agency (EPA) announced that it has settled a lawsuit over its 2006 final rule regarding protections for subjects in human research. Under the settlement, EPA agrees to propose amendments to the rule consistent with language negotiated by the groups who challenged it -- Natural Resources Defense Council, Pesticide Action Network North America, Pineros y Campesinos Unidos Del Noroeste, Physicians for Social Responsibility, Farm Labor Organizing...

On June 11, 2010, the European Chemicals Agency (ECHA) announced the availability of a technical manual for including nanoforms in an International Uniform Chemical Information Database (IUCLID) dossier. The Nanomaterials in IUCLID 5.2 Industry User Manual "gives practical instruction to [Registration, Evaluation, Authorization and Restriction of Chemicals (REACH)] registrants on how to include information on different forms of a substance in a IUCLID 5.2 dossier." The Manual...

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...

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...