TSCA/FIFRA/NTP EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the Toxic Substances Control Act (TSCA) to regulate the use of trichloroethylene (TCE) in vapor degreasing. 82 Fed. Reg. 7432. The proposed rule would prohibit the manufacture (including import), processing, and distribution in commerce of TCE for use in vapor degreasing, prohibit...
Bergeson & Campbell, P.C. wishes everyone a healthy, safe, and Happy New Year. If you have not already done so, please read our 2017 Forecast Memorandum, available at /regulatory-developments/entry/predictions-and-outlook-for-u.s.-federal-and-international-chemical-regulat. Register for our complimentary WEBINAR - Chemical Substance Regulation in Central and South America: A Deeper Dive, Thursday, February 16, 2017, 2:00 p.m. Eastern Standard Time. More information...
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy, healthy, peaceful, and safe New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients’ behalf. TSCA/FIFRA/IRIS/NTP/TRI EPA Proposes To Add Nonylphenol Ethoxylates To Section 313: On November 16, 2016, the U.S. Environmental...
TSCA/FIFRA/IRIS/NTP/TRI EPA Extends Comment Period On Proposed SNUR: On October 21, 2016, the U.S. Environmental Protection Agency (EPA) announced that it has reopened the comment period on a proposed Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) as requested by a commenter. 81 Fed. Reg. 72759. The proposed rule would amend the TSCA significant new use regulations to align them with revisions to the Occupational Safety and Health Administration's (OSHA)...
TSCA/FIFRA/IRIS/NTP/TRI EPA Issues Statements Of Findings For September 2016: On September 23, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice announcing its findings after its review of Toxic Substances Control Act (TSCA) Section 5(a) notices when EPA makes a finding that a new chemical substance or significant new use is not likely to present an unreasonable risk of injury to health or the environment. 81 Fed. Reg. 65636. Such statements apply to premanufacture...
TSCA/FIFRA/IRIS/NTP/TRI EPA Extends Comment Period On PIPs: On August 17, 2016, the U.S. Environmental Protection Agency (EPA) extended the comment period on its White Paper describing how EPA intends to modify its current approach to plant-incorporated protectants (PIP) in breeding line intermediates. 81 Fed. Reg. 54803. Comments are now due on September 29, 2016. EPA Seeks Comment On Draft Integrated Risk Information System (IRIS) Assessment For Ethyl Tertiary Butyl Ether: On...
TSCA/FIFRA/IRIS/NTP/TRI EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI) preliminary dataset for calendar year 2015. This dataset contains the most current TRI data on toxic chemical releases and pollution prevention activities at U.S. industrial facilities. EPA intends to update the dataset several times during the summer and early fall based on...
TSCA/FIFRA/IRIS/NTP/TRI EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA on three solvents. EPA has established a Small Business Advocacy Review (SBAR) Panel for a proposed rulemaking seeking to limit trichloroethylene (TCE), a chemical used in commercial degreasing operations, dry cleaning operations, and consumer products. EPA also created a panel...
TSCA/FIFRA/IRIS/NTP/TRI TSCA Reform Bill Is Sent To President Obama For Signature: It has been reported that on June 14, 2016, House Speaker Paul Ryan (R-WI) and Senate President Pro Tempore Orrin Hatch (R-UT) signed the bill to reform the Toxic Substances Control Act (TSCA), sending it to President Barack Obama for his signature. On June 7, 2016, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act by voice vote. It is anticipated that President Obama will...
TSCA/FIFRA/IRIS/NTP/TRI Office Of Inspector General Considers Pesticide Imports: In a memorandum dated April 22, 2016, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) informed EPA that it plans "to begin preliminary research to assess the EPA's inspections of, and enforcement against, illegal pesticide imports." OIG will review, among other aspects of the program, whether EPA is effectively identifying pesticide imports for inspection and sampling,...
TSCA/FIFRA/IRIS/NTP/TRI EPA Issues SNUR For TCE: On April 8, 2016, the U.S. Environmental Protection Agency (EPA) issued a final Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) for trichloroethylene (TCE). 81 Fed. Reg. 20535. The significant new use is the manufacture or processing for use in a consumer product, with the exception for use of TCE in cleaners and solvent degreasers, film cleaners, hoof polishes, lubricants, mirror edge sealants, and pepper spray....
TSCA/FIFRA/IRIS/NTP/TRI EPA Extends Comment Period On Chlorinated Paraffins Risk Assessments: On February 22, 2016, the U.S. Environmental Protection Agency (EPA) extended the comment period on the draft risk assessments it has prepared for certain medium and long chain chlorinated paraffins. 81 Fed. Reg. 8712. This is an important opportunity to comment on the risk assessments prepared by EPA following the submission of Premanufacture Notifications (PMN) on certain chlorinated paraffins...
TSCA/FIFRA/IRIS/NTP/TRI NAS Hosts Workshop On Low Dose Toxicity: On February 3, 2016, the National Academies of Sciences (NAS), Engineering, and Medicine Low Dose Committee heard presentations on several chemicals and the potential effect each may have on reproductive systems. The chemicals considered included: bisphenol A, dioxin, and phthalates. The Committee will assess whether these three chemicals are suitable as case studies for review by the U.S. Environmental Protection Agency (EPA)...
TSCA/FIFRA/IRIS/NTP/TRI EPA Seeks Comment And New Information On Risk Assessments For Pending PMNs For Chlorinated Paraffins: On December 23, 2015, the U.S. Environmental Protection Agency (EPA) requested "new available data on certain chlorinated paraffins" in different industries for different uses, and comment on risk assessments for long- and medium-chain chlorinated paraffins prepared in the context of EPA's review of certain premanufacture notices (PMN) submitted under Section 5 of...
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy, healthy, peaceful, and safe New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients' behalf. TSCA/FIFRA/IRIS/NTP/TRI EPA Issues Final Rule Adding 1-Bromopropane To EPCRA Section 313 List: On November 23, 2015, the U.S....
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy Thanksgiving Day and a delightful holiday season. * * * * * REGISTER TO ATTEND THE "TSCA REFORM PANEL SUMMIT," OR TO VIEW THE LIVE WEBCAST, AT THE ELI WEBSITE. George Washington University (GWU) Milken Institute School of Public Health, GWU Law School, Environmental Law Institute, Arnold & Porter LLP, and Bergeson & Campbell, P.C....
On October 15, 2015, Bergeson & Campbell, P.C. (B&C®) and the Woodrow Wilson International Center for Scholars (Wilson Center) issued a report, "The DNA of the U.S. Regulatory System: Are We Getting It Right For Synthetic Biology?," authored by the legal experts, scientists, and policy specialists of B&C and released through the Wilson Center's Synthetic Biology Project. A panel discussion and live webcast, "Leveraging Synthetic Biology's Promise and Managing Potential Risk,"...
TSCA/FIFRA/IRIS/NTP/TRI EPA Releases TSCA Assessment Documents For Flame Retardant Chemicals: On August 18, 2014, the U.S. Environmental Protection Agency (EPA) released for public comment three Problem Formulation and Initial Assessment documents and a Data Needs Assessment (DNA) document for one of four structurally similar flame retardant chemical clusters being reviewed under the Toxic Substances Control Act (TSCA) Work Plan assessment effort. 80 Fed. Reg. 49997. The goal of these...
TSCA/FIFRA/IRIS/NTP/TRI EPA Issues Direct Final Rule On Significant New Use Notification Electronic Reporting: On July 20, 2015, the U.S. Environmental Protection Agency (EPA) issued a direct final rule amending the Toxic Substances Control Act (TSCA) Section 5 electronic reporting regulations. 80 Fed. Reg. 42739. The electronic reporting regulations establish standards and requirements for use of EPA's Central Data Exchange (CDX) to submit electronically premanufacture notices (PMN), other...
TSCA/FIFRA/IRIS/NTP/TRI EPA Seeks Comment On Series 810 Test Guidelines: On June 17, 2015, the U.S. Environmental Protection Agency (EPA) announced the availability for comment of several Series 810, non-binding, draft test guidelines developed by the Office of Chemical Safety and Pollution Prevention (OCSPP). 80 Fed. Reg. 34638. The test guidelines provide guidance on conducting testing by the public and companies that are subject to EPA data submission requirements under OCSPP's major...
TSCA/FIFRA/IRIS/NTP/TRI EPA Denies Petition To Ban Triclosan: On May 13, 2015, the U.S. Environmental Protection Agency (EPA) denied a petition submitted in January 2010 by Food & Water Watch and Beyond Pesticides seeking to ban triclosan, an antibacterial compound. According to EPA, "the information available at this time does not support granting the majority of the relief requested. The agency notes, however, that it is currently engaged across various programs in assessing the risks...
TSCA/FIFRA/IRIS/NTP/TRI EPA Releases TSCA Work Plan Chemical Problem Formulation, Initial Assessment For 1,4-Dioxane: On April 28, 2015, the U.S. Environmental Protection Agency (EPA) released the Toxic Substances Control Act (TSCA) Work Plan Chemical Problem Formulation and Initial Assessment for 1,4-Dioxane, a chemical used primarily as a solvent in the manufacture of other chemicals. 80 Fed. Reg. 23545. A first step in the assessment of TSCA Work Plan chemicals, the 1,4-Dioxane Problem...
TSCA/FIFRA/IRIS/NTP/TRI EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the November 2013 Administrative Law Judge (ALJ) ruling that Elementis must pay a $2.5 million penalty for failing to submit a Toxic Substances Control Act (TSCA) Section 8(e) notice on a 2002 study showing hexavalent chromium causes lung...
TSCA/FIFRA/IRIS/NTP/TRI EPA Extends Deadline On TDI SNUR: On February 23, 2015, the U.S. Environmental Protection Agency (EPA) extended the deadline of its proposed Significant New Use Rule (SNUR) concerning 2,4-toluene diisocyanate, 2,6-toluene diisocyanate, toluene diisocyanate unspecified isomers (TDI) and related compounds. 80 Fed. Reg. 9427. EPA extended the comment period for 45 days, from March 16, 2015, to April 30, 2015. EPA Extends Comment Period On Proposed SNUR For 13...
TSCA/FIFRA/IRIS/NTP/TRI EPA OEI Office Announces Transfer Of TRI Program To OPPT: On January 22, 2015, U.S. Environmental Protection Agency (EPA) Office of Environmental Information (OEI) announced that EPA has begun the process of transferring the Toxics Release Inventory (TRI) program to the Office of Pollution Prevention and Toxics (OPPT). EPA believes this move would leverage better scientific and technical expertise in both EPA program offices and make the TRI program a more integral...
Predictions And Outlook For EPA's Office Of Chemical Safety And Pollution Prevention (OCSPP) 2015: 2015 will be a very interesting year. There are two overarching considerations that will make the year more difficult to predict than merely assuming most of this year's issues will simply be extensions of past issues, with a few new initiatives sprinkled in. First, the new Republican majority in the Senate will change the dynamic between the Executive and Legislative branches. Second, the...
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy, healthy, and peaceful New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients' behalf. Global Chemical Control Handbook Published by ABA SEER The attorneys, scientists, and regulatory professionals of Bergeson & Campbell, P.C....
TSCA/FIFRA/IRIS/EPCRA/NTP EPA Proposes To Remove 72 Chemicals From Approved Pesticide Inert Ingredients List: On October 22, 2014, the U.S. Environmental Protection Agency (EPA) requested public comment on a proposal to remove 72 chemicals from its list of substances approved for use as inert ingredients in pesticide products. 79 Fed. Reg. 63120. EPA reportedly is responding to petitions submitted by the Center for Environmental Health, Beyond Pesticides, Physicians for Social...
TSCA/FIFRA/IRIS/EPCRA/NTP EPA Schedules SAP Meeting On Endocrine Activity: On September 16, 2014, the U.S. Environmental Protection Agency (EPA) announced that it has scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review Integrated Endocrine Activity and Exposure-based Prioritization and Screening. 79 Fed. Reg. 55475. The meeting will be held on December 2–5, 2014, from approximately 9:00...
TSCA/FIFRA/IRIS/EPCRA Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S. Environmental Protection Agency (EPA) to initiate a rulemaking to require periodically the re-substantiation of confidential business information (CBI) claims made under TSCA. Under TSCA, EPA has 90 days within which to respond to the petition. Draft...
TSCA/FIFRA/IRIS/EPCRA IARC Classifies Dichloromethane, Other Substances As Human Carcinogens: In June, an expert panel of the International Agency for Research on Cancer (IARC) concluded that dichloromethane, a chemical substance used to make plastics, synthetic fibers, photographic films, and solvents, is a probable human carcinogen (Group 2A). IARC classified 1,2-dichloropropane (1,2-DCP), a solvent primarily used to make other chemicals, as a human carcinogen (Group 1). The expert panel...
TSCA/FIFRA/IRIS/EPCRA Limited Space Still Available For Sustainable Futures Training Workshop: There are still spaces available for the Sustainable Futures Training workshop scheduled for August 5-7, 2014, at the George Washington University campus in Washington, D.C. Attendees at the three-day workshop will get firsthand experience with the tools, methods, and models used by the U.S. Environmental Protection (EPA) in its assessment of new chemicals. The workshop includes in-depth...
TSCA/FIFRA/IRIS/EPCRA EPA Extols Pesticide Civil Penalty, But The Decision Could Be Problematic For Registrants And EPA: On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations. The vast majority of the penalty was based on violations of FIFRA Section 12(a)(2)(E), because, EPA alleged,...
TSCA/FIFRA/IRIS/EPCRA B&C® Creates TSCA Reform Online Hub: Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org. B&C's lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding ongoing TSCA reform efforts and related state regulatory initiatives such as...
TSCA/FIFRA/IRIS/EPCRA EPA Makes TSCA Notifications Of Substantial Risk Amendable To Electronic Reporting: On March 19, 2014, the U.S. Environmental Protection Agency (EPA) announced that notifications of substantial risk under Section 8(e) of the Toxic Substances Control Act (TSCA) and voluntary For Your Information (FYI) submissions may now be filed electronically using EPA's electronic document submission system, the Central Data Exchange (CDX). 79 Fed. Reg. 15329. Use of this electronic...
TSCA/FIFRA/IRIS/EPCRA EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP) Comprehensive Management Plan to emphasize the utilization of advanced informational technology and computational methods. The updated 2014 EDSP Comprehensive Management Plan provides strategic guidance for EPA personnel and outlines the critical EDSP...
TSCA/FIFRA/IRIS/EPCRA EPA Delivers ITC's 73rd Report To EPA Administrator: On January 23, 2014, the U.S Environmental Protection Agency (EPA) published the Interagency Testing Committee's (ITC) 73rd Report to the EPA Administrator. 79 Fed. Reg. 4068. The Report removes five High Production Volume (HPV) program orphan chemicals from the ITC's Toxic Substances Control Act (TSCA) Section 4(e) Priority Testing List. The chemicals are: 1,3-hexanediol, 2-ethyl- (CAS No. 94-96-2); octane,...
TSCA/FIFRA/IRIS/EPCRA Predictions For EPA's Office Of Chemical Safety And Pollution Prevention: Bergeson & Campbell, P.C. (B&C®) outlines thoughts on what may be headed our way in 2014 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). We also offer a few thoughts on European and Asian developments pertinent to chemical regulatory matters. Although President Obama is well into his second term, the 2014 off-year...
Bergeson & Campbell, P.C. extends its best wishes to our clients and many friends and we wish you and your family a happy, healthy, and peaceful New Year. As we have for many years, the firm has made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients' behalf. TSCA/FIFRA/IRIS/EPCRA EPA Statement Of Regulatory Priorities Includes Taking Action On Toxics And Chemical Safety: On November 26, 2013, the...
TSCA/FIFRA/IRIS/EPCRA IARC Nominations Of Possible Carcinogens: The International Agency for Research on Cancer (IARC) announced on October 15, 2013, that it is seeking nominations by January 31, 2014, of chemicals, occupations, biological agents, or other factors suspected of causing cancer in humans. A scientific committee will review the nominated substances or situations April 7-9, 2014, to select those that will be subject to examination to determine whether they are human...
TSCA/FIFRA/IRIS/EPCRA House Subcommittee Convenes Hearing On Role Of TSCA Preemption: On September 18, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy convened a hearing on the "Regulation of Existing Chemicals and the Role of Pre-Emption under Sections 6 and 18 of the Toxic Substances Control Act." This was the Subcommittee's third hearing on Toxic Substances Control Act (TSCA) issues, and was intended to focus "on the existing statutory provisions,...
TSCA/FIFRA/IRIS/EPCRA EPA Releases New Neonicotinoid Labels: In a letter dated August 15, 2013, the U.S. Environmental Protection Agency (EPA) released new pesticide labels restricting some applications of four neonicotinoid insecticides as of the 2014 growing season. The labels include a bee advisory box and icon warning of potential harm to pollinators, with information on routes of exposure and spray drift precautions. The labels affect products containing the insecticides imidacloprid,...
TSCA/FIFRA/EPCRA/IRIS EPA Issues Direct Final Rule Adopting 2012 North American Industry Classification System (NAICS) Codes For TRI Reporting: On July 18, 2013, the U.S. Environmental Protection Agency (EPA) issued a direct final rule adopting the list of NAICS codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget (OMB) 2012 NAICS revisions. 78 Fed. Reg. 42875. The rule will be effective on October 16, 2013, unless adverse...
ChemCon Asia 2013 with its unique global approach and comprehensive review of global chemical issues will take place in Seoul, South Korea, from September 9-13, 2013, with an accompanying exhibition and two pre-conference seminars -- Korea and Global Survey of Regulated Lists of Chemicals. Bergeson & Campbell, P.C. is a proud sponsor. ChemCon is a global platform that brings together more than 200 experts representing companies, authorities, and international organizations...
TSCA/FIFRA/NTP/EPCRA EPA Hosts SFIREG Meeting: On June 10-11, 2013, the Association of American Pesticide Control Officials (AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG) Full Committee held a meeting at the U.S. Environmental Protection Agency's (EPA) offices in Crystal City, Virginia. Handouts are available upon request from Chad Howlin. During the meeting, there was considerable discussion regarding domestic and international pollinator protection...
On June 12, 2013, the Biobased Products Advocacy Consortium (B2PAC) and the Society for the Commercial Development of Industrial Biotechnology (SCD-iBIO) will present a webinar entitled Commercializing Renewable Chemicals: What You Need To Know About TSCA. The webinar will be held from 2:00 - 3:30 p.m. (EDT). TSCA/FIFRA/NTP/EPCRA EPA Seeks Efficacy Data For Antimicrobial Pesticides For Fogging or Misting: On April 1, 2013, the U.S. Environmental Protection Agency (EPA) sent a letter to...
TSCA/FIFRA/NTP/EPCRA EPA Previews New Website For Consolidated Chemical Data Access: The U.S. Environmental Protection Agency (EPA), Office of Pollution Prevention and Toxics (OPPT), convened an in-person and on-line public forum today to discuss OPPT's ongoing efforts to develop an interactive public website. The website would integrate a wide range of chemical data collected and EPA assessments conducted under Toxic Substances Control Act (TSCA) programs, as supplemented by additional EPA...
TSCA/FIFRA/NTP/EPCRA EPA Schedules FIFRA Scientific Advisory Panel On EDSP: On February 22, 2013, the U.S. Environmental Protection Agency (EPA) scheduled a four-day meeting of the Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel (FIFRA SAP) to consider and review the Endocrine Disruptor Screening Program (EDSP) Tier 1 Screening Assays and Battery Performance. 78 Fed. Reg. 12311. The meeting will be held on May 21-24, 2013. EPA seeks comments by May 7,...
TSCA/FIFRA/NTP/EPCRA EPA Issues Toxics Release Inventory Program Data: On January 16, 2013, the U.S. Environmental Protection Agency (EPA) issued the Toxics Release Inventory (TRI) data for 2011, revealing the releases declined 8 percent from 2010, primarily due to decreases in hazardous air pollutant (HAP) emissions. Total releases of chemicals increased for the second year in a row. The TRI program collects information on certain toxic chemical releases to the air, water, and land, as...
Predictions For EPAs Office Of Chemical Safety And Pollution Prevention: Bergeson & Campbell, P.C.'s (B&C) thoughts on what may be headed our way in 2013 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) are provided in our memorandum available online. Although the 2012 Presidential Election is over, environmental issues will continue to be used to make distinctions between the two parties (or between the House and...