November 17, 2017

Monthly Update for November 2017

TSCA/FIFRA EPA Extends Comment Period For Draft Guidance For Pesticide Registrants On Notifications, Non-notifications, And Minor Formulation Amendments: On October 5, 2017, the U.S. Environmental Protection Agency (EPA) issued a notice of extension of the comment period for the draft guidance Pesticide Registration Notice (PR Notice) 2017-XX: Notifications, Non-notifications and Minor Formulation Amendment issued on September 6, 2017. 82 Fed. Reg. 46491. Comments now must be...
October 1, 2017

Monthly Update for October 2017

TSCA/FIFRA/TRI EPA Schedules PPDC Meeting: On October 13, 2017, the U.S. Environmental Protection Agency (EPA) announced the scheduling of a Pesticide Program Dialogue Committee (PPDC) meeting for November 1-2, 2017. 82 Fed. Reg. 47733. An agenda is expected to be made available by October 18, 2017.PPDC meetings provide the EPA Administrator with advice and information on pesticide issues from stakeholders, including the public, states, and others. EPA Issues Test Methods And...
September 1, 2017

Monthly Update for September 2017

TSCA/FIFRA/TRI EPA Adopts 2017 NAICS Codes For TRI: On August 16, 2017, the U.S. Environmental Protection Agency (EPA) announced that it is updating the list of North American Industry Classification System (NAICS) codes subject to reporting under the Toxics Release Inventory (TRI) to reflect the Office of Management and Budget’s (OMB) 2017 NAICS code revision. 82 Fed. Reg. 39038. As a result, facilities would be required to use 2017 NAICS codes when reporting to TRI beginning...
August 1, 2017

Monthly Update for August 2017

TSCA/FIFRA Bergeson & Campbell, P.C. Forms “TSCA New Chemicals Coalition” JOIN NOW Section 5 of the Toxic Substances Control Act (TSCA) addresses new chemical notifications and, as such, is chemical innovation’s regulatory gatekeeper. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) amended Section 5. The U.S. Environmental Protection Agency’s (EPA) interpretation of these amendments has changed significantly the Section 5 review process in ways that none...
July 1, 2017

Monthly Update for July 2017

TSCA/FIFRA EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product Performance Testing Methods for Bed Bug Pesticide Products; OCSPP Test Guideline 810.3900, part of a series of test guidelines established by the EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) for use in testing pesticides and chemical substances. 82...
June 1, 2017

Monthly Update for June 2017

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), just over one year after it was signed into law. This event is free and open to the public. Speakers will discuss key...
May 1, 2017

Monthly Update for May 2017

Lynn L. Bergeson, Environmental Quality Management, Winter 2016: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The text of the law is available at http://www.congress.gov/bill/114th-congress/house-bill/2576/text. The law substantially amends the Toxic Substances Control Act (TSCA), and in so doing, fundamentally alters the domestic management of industrial chemicals, the lifeblood of many manufacturing processes....
April 1, 2017

Monthly Update for April 2017

TSCA/FIFRA EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others, Earthjustice, seeking a TSCA Section 4 test rule for tetrabromobisphenol A (TBBPA). 82 Fed. Reg. 14171. EPA determined that the petition failed to set forth facts demonstrating that there is insufficient information available to EPA to determine or predict reasonably effects from...
March 1, 2017

Monthly Update for March 2017

TSCA/FIFRA/NTP Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg BNA Daily Environment Report, January 26, 2017: On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, and in so doing significantly revised the Toxic Substances Control Act (TSCA) for the...
February 1, 2017

Monthly Update for February 2017

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...
January 1, 2017

Monthly Update for January 2017

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...
December 1, 2016

Monthly Update for December 2016

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...
November 1, 2016

Monthly Update for November 2016

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)...
October 1, 2016

Monthly Update for October 2016

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...
September 1, 2016

Monthly Update for September 2016

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...
August 1, 2016

Monthly Update for August 2016

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...
July 1, 2016

Monthly Update for July 2016

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...
June 1, 2016

Monthly Update for June 2016

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...
May 1, 2016

Monthly Update for May 2016

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...
April 1, 2016

Monthly Update for April 2016

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....