June 22 of this year will mark the fifth anniversary since President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Popularly still known by the name of the 40-year-old statute it replaced, the new version of the Toxic Substances Control Act had a vision to follow in reforming a system for evaluating and regulating chemicals in commerce that everyone, from industry to green NGOs to government officials, agreed was weak and ineffective. The new TSCA, promising to...
April 14, 2021
NGOs Claim Chevron Misled Consumers on Climate Action in Violation of FTC Green Guides
On March 16, 2021, Earthworks, Global Witness, and Greenpeace USA jointly filed a Federal Trade Commission (FTC) complaint against Chevron for “unlawfully deceptive advertisements which overstate investment in renewable energy and its commitment to reducing fossil fuel pollution.” According to Earthworks’ March 16, 2021, press release, the complaint claims that Chevron “is consistently misrepresenting its image to appear climate-friendly and racial justice-oriented, while its...
April 13, 2021
OSHA Proposes Extension to Comment Period for Amendments to the Hazard Communication Standard
On April, 12, 2021, the Occupational Safety and Health Administration (OSHA) published a Federal Register notice to extend the comment period of the notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS) by one month. The HCS is the federal-level regulation that sets forth the classification, labeling, Safety Data Sheet (SDS), and training requirements for hazardous chemicals intended to be used, handled, or stored in workplaces. The...
The U.S. Consumer Product Safety Commission (CPSC) announced on April 12, 2021, that it will hold a public webinar on April 28, 2021, to receive information from interested parties about updates CPSC is making to www.SaferProducts.gov/Business for reports filed electronically under Section 15(b) of the Consumer Product Safety Act (CPSA). 86 Fed. Reg. 18966. The presentation will focus on Section 15(b) reporting for the purposes of entering the Fast Track Recall...
April 13, 2021
EC Committee Concludes Hydroxyapatite (Nano) in Cosmetic Products Can Pose a Risk to Consumers
On April 12, 2021, the European Commission (EC) Scientific Committee on Consumer Safety (SCCS) published its final opinion on hydroxyapatite (nano). The EC asked whether SCCS considers the nanomaterial hydroxyapatite safe when used in leave-on and rinse-off dermal and oral cosmetic products according to the maximum concentrations and specifications reported, taking into account reasonably foreseeable exposure conditions. SCCS states that having considered the data provided, and...
April 13, 2021
NREL Leads Analysis Of How To Retire PV Modules In Support Of Its Circular Economy Goals
By Lynn L. Bergeson and Ligia Duarte Botelho, M.A. National Renewable Energy Laboratory (NREL) researchers are leading analyses of recycling, repairing, and reusing solar photovoltaic (PV) installations in support of NREL’s mission to incentivize a circular economy for energy materials. According to NREL, the increase in the installation of PV systems is leading to environmental and supply chain concerns because the technology relies on imports and mining of raw...
April 12, 2021
EPA Announces Request for Public Input on the Current Pesticide Exemption Provision Process
On April 8, 2021, the U.S. Environmental Protection Agency (EPA) issued an Advance Notice of Proposed Rulemaking (ANPR) to solicit information on the current pesticide exemption provision process. 86 Fed. Reg. 18232. EPA announced its intent to issue this ANPR on January 19, 2021, as discussed here. The issuance of the ANPR was paused following the Biden Administration’s Executive Orders requiring agencies to review their rules and policies to ensure...
April 12, 2021
EPA Issues SSURO against ViaClean Technologies for Making Inaccurate Health Claims about Its Pesticide Product
On March 31, 2021, the U.S. Environmental Protection Agency (EPA) issued a Stop Sale, Use or Removal Order (SSURO) to ViaClean Technologies (ViaClean), operating in Philadelphia, regarding the sales, distribution, and marketing of the pesticide BioProtect RTU with claims that it is effective against surfaces from public health-related pathogens such as SARS-CoV-2, the virus that causes COVID-19. Under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), products that claim...
April 9, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA prepares to issue TSCA PFAS reporting rule proposal”
On April 9, 2021, Chemical Watch featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule under the Toxic Substances Control Act (TSCA), requiring manufacturers to submit detailed information on these compounds to guide potential regulatory action. The US EPA is nearing completion of a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule under TSCA,...