The U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) recently noted that it successfully completed the Agency's reorganization process and that the effective date will be sometime after June 9, 2014. The reorganization, which Bergeson & Campbell, P.C. (B&C®) had discussed in its "Predictions" memo, available online, represents a significant shuffle in responsibilities and also reduces the number of OPPT Divisions by one with the...
May 21, 2014
House Subcommittee Holds Hearing on Nanotechnology: From Laboratories to Commercial Products
The House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on May 20, 2014, on "Nanotechnology: From Laboratories to Commercial Products." The purpose of the hearing was to examine the current state of nanotechnology research and development (R&D), as well as future opportunities and challenges. In addition, the hearing discussed policy issues surrounding nanotechnology applications and activities, federal funding levels for nanotechnology R&D, and...
The U.S. Environmental Protection Agency (EPA) published in the May 19, 2014, Federal Register an advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. According to EPA, this mechanism could be regulatory (under Sections 8(a) and/or 8(d) of the Toxic Substances Control Act (TSCA)), voluntary, or a combination of both....
On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the Subcommittee, released CICA2 on April 22, 2014. According to Shimkus, since he first released the discussion draft in March 2014 (CICA1), he has been working on a bipartisan basis to find common ground to reform the Toxic Substances Control Act (TSCA). More information...
April 24, 2014
TSCA Reform: An In-Depth Analysis of the Revised Chemicals in Commerce Act Discussion Draft
On April 22, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, announced that the Subcommittee will hold a hearing on April 29, 2014, to review a revised draft of the Chemicals in Commerce Act (CICA2). According to Shimkus, the revised draft "reflects suggestions from members on both sides of the aisle, as well as stakeholders and the administration." CICA would reform the Toxic Substances Control Act (TSCA). More...
April 23, 2014
Enforceable Consent Agreement: EPA Issues Testing Enforceable Consent Order for D4 — With Some Interesting Twists
The U.S. Environmental Protection Agency (EPA) published a notice on April 4, 2014, announcing that it issued a testing consent order that incorporates an enforceable consent agreement (ECA) for octamethylcyclotetrasiloxane (D4), a chemical intermediate and component of personal care products. 79 Fed. Reg. 18822. There are two big take away messages here. First, that EPA issued a testing order at all under Toxic Substances Control Act (TSCA) Section 4 is big news as none has been issued in a...
April 1, 2014
Proposition 65: OEHHA Releases Pre-Regulatory Proposal for Revised Proposition 65 Warning Regulations
On March 7, 2014, the Office of Environmental Health Hazard Assessment (OEHHA) released a pre-regulatory proposal for a potential draft regulation amending Proposition 65 regulations. Significantly -- and likely controversially -- the proposal seeks changes to the warning requirements to require more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their...
March 13, 2014
California Announces First Draft Priority Products under Safer Consumer Products Regulations
The California Department of Toxic Substances Control (DTSC) announced on March 13, 2014, the first draft Priority Products (PP) under the Safer Consumer Products Regulations (SCPR). The three draft PPs are: Children's foam-padded sleeping products containing tris(1,3-dichloro-2-propyl) phosphate (TDCPP); Spray polyurethane foam (SPF) systems containing unreacted diisocyanates; and Paint and varnish strippers and surface cleaners containing methylene chloride. DTSC states that the...
On March 12, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing focused on the discussion draft of the Chemicals in Commerce Act (CICA). On February 27, 2014, Representative John Shimkus (R-IL), Chair of the Subcommittee, released a much anticipated discussion draft that would update the Toxic Substances Control Act (TSCA). The March 12 hearing was intended to provide the Subcommittee an opportunity to review the provisions of CICA. An analysis of the...
On February 27, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a much anticipated discussion draft that would update the Toxic Substances Control Act (TSCA). According to Shimkus' press release, the Chemicals in Commerce Act (CICA) "keys off" S. 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter...