December 15, 2021

Lynn L. Bergeson and Christopher R. Blunck Quoted by Bloomberg Law in “EPA to Miss Chemical Deadlines, Exposing Public to Risks”

On December 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Christopher R. Blunck, Of Counsel, B&C, were quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) recently released regulatory agenda that “anticipates the agency missing at least five of 10 deadlines the 2016 Toxic Substances Control Act (TSCA) amendments set to restrict too-risky chemicals already on the U.S. market”...
December 14, 2021

Proposition 65: OEHHA Modifies Proposed Changes to “Short-Form” Warnings

On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing modifications to the revisions it first proposed on January 8, 2021, to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). More information regarding the January 8, 2021, proposal is available on our blog. OEHHA is requesting comments on its Notice and the modifications to the proposed...
December 14, 2021

EPA Announces Annual Pesticide Maintenance Fee Forms Available to Download from EPA Website — Deadline for Paying Is January 18, 2022

The January 18, 2022, deadline for payment of the U.S. Environmental Protection Agency’s (EPA) annual maintenance fee for pesticide registrations is approaching. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Section 4(i)(1)(A) requires everyone who holds an active or suspended pesticide registration granted under FIFRA Sections 3 and 24(c) (special local needs) to pay an annual maintenance fee to keep the registration in effect. The maintenance fee requirement does not...
December 14, 2021

Germany Publishes Report on Developing a Specific OECD Test Guideline on Particle Size and Particle Size Distribution of Nanomaterials

In December 2021, the German Environment Agency (UBA) published a report entitled Development of a specific OECD Test Guideline on Particle Size and Particle Size Distribution of Nanomaterials. The UBA commissioned the Federal Institute for Occupational Safety and Health (BAuA) (project coordinator) and the Federal Institute for Materials Research and Testing (BAM) to develop an Organization for Economic Cooperation and Development (⁠OECD)⁠ Test Guideline for the determination of particle...
December 14, 2021

EPA’s Fall 2021 Unified Agenda Includes TSCA Rulemakings

On December 10, 2021, the Biden Administration released its Fall 2021 Unified Agenda of Regulatory and Deregulatory Actions. According to the U.S. Environmental Protection Agency’s (EPA) rule list, the Office of Chemical Safety and Pollution Prevention (OCSPP) is working on the following rulemakings under the Toxic Substances Control Act (TSCA). Rulemakings at the proposed stage include: The Unified Agenda lists the following TSCA rulemaking at the final stage:...
December 14, 2021

Lynn L. Bergeson, “Environmental Protection: Infrastructure Law Benefits Chemical Industry,” Chemical Processing, December 14, 2021.

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (H.R. 3684). The House passed the bill on November 5, 2021, by a vote of 228 to 206, and the Senate passed the bill on August 10, 2021, by a vote of 69 to 30. The bill provides a $1.2-trillion infusion of cash into the economy and contains many provisions important to the chemical processing sector. Highlighted below are some...
December 13, 2021

Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “EPA Stops Posting ‘Critically Important’ Chemical Risk Data”

On December 13, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) was quoted by Bloomberg Law regarding a substantial decrease in chemical data being posted to the ChemView database by the U.S. Environmental Protection Agency (EPA) due to resource constraints. This information is used by the public, industry, and environmental groups to easily access health and safety information for hundreds of chemicals. Businesses might need the...
December 13, 2021

Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “EPA Stops Posting ‘Critically Important’ Chemical Risk Data”

On December 13, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) was quoted by Bloomberg Law regarding a substantial decrease in chemical data being posted to the ChemView database by the U.S. Environmental Protection Agency (EPA) due to resource constraints. This information is used by the public, industry, and environmental groups to easily access health and safety information for hundreds of chemicals. Businesses might need the...
December 10, 2021

EO on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability Calls for Prioritizing Purchase of Sustainable Products

On December 8, 2021, President Joseph Biden signed an Executive Order (EO) on Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability. The EO calls for the federal government to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Using a whole-of-government approach, the federal government “will demonstrate how innovation and environmental stewardship can protect our planet, safeguard Federal investments...
December 9, 2021

EPA Publishes Updated NAMs Work Plan

On December 2, 2021, the U.S. Environmental Protection Agency (EPA) published an updated New Approach Methods (NAM) Work Plan (Updated Work Plan). EPA created the work plan to prioritize its efforts and resources toward activities that aim to reduce the use of vertebrate animal testing while continuing to protect human health and the environment. EPA describes its updated roadmap and identifies steps intended to reduce the use of vertebrate animals for toxicity testing and related research...