January 22, 2010

Senate Expected to Schedule TSCA Hearing

Bergeson & Campbell, P.C. (B&C) has learned that the Senate is preparing to schedule a hearing on the Toxic Substances Control Act (TSCA) in early February, most likely on February 4, 2010. As noted in our 2010 Predictions memorandum, a new and significantly revised Kid-Safe Chemicals Act (KSCA) has not yet surfaced. The fact that the Senate is scheduling a hearing indicates that a revised Senate proposal is expected soon. There are also indications that if new...
January 22, 2010

TSCA Reform Debate, Increased EPA Scrutiny Of Chemicals Predicted Throughout 2010

The January 22, 2010, issue of BNA Daily Environment Report quotes Lynn L. Bergeson regarding the promulgation of a general significant new use rule for nanoscale chemical substances. According to Bergeson, it “has appeal as it would obviate the need for a TSCA Section 8(a) rule and avoid the small business exemption.” Bergeson also commented on nanomaterial developments expected in 2010....
January 22, 2010

Lynn L. Bergeson, “OSHA Kicks Off the ‘Chemical NEP’,” Environmental Quarterly Management, Winter 2009.

With little fanfare, the United States Occupational Safety and Health Administration (OSHA) has rolled out its much anticipated “PSM Covered Chemical Facilities National Emphasis Program.” This one-year pilot program, launched in July 2009, focuses on facilities’ compliance with the OSHA Process Safety Management (PSM) standard,1 which aims to blunt the hazard of fires or explosions resulting from releases of “highly hazardous chemicals.” This “Washington Watch” column reviews the...
January 18, 2010

Lynn L. Bergeson, “FIFRA SAP Convenes First Nano Review,” NanoBusiness Alliance Newsletter, Issue 13, January 18, 2010.

On November 3-5, 2009, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Scientific Advisory Panel (SAP) met to consider for the first time scientific issues related to the assessment of potential hazard and exposure associated with nanosilver and other nanometal pesticide products. This column briefly summarizes the discussion, and speculates on the outcome....
January 18, 2010

Lynn L. Bergeson and Leslie Scott MacDougall, co-authors, “Turkey Enacts REACH-Like Chemical Program,” Chemical Regulation Reporter, January 18, 2010.

In December 2008, Turkey enacted the Inventory and Control of Chemicals Regulation, a scaled-down version of the European Union’s REACH regulation to establish an inventory of chemicals produced and imported into Turkey and to better control potential risks posed by those chemical substances. Adoption of the regulation is one of many steps Turkey is required to take to secure membership in the European Union. The authors of this article advise chemical manufacturers and importers to...
January 14, 2010

House of Lords Committee Releases Report on Nanotechnologies and Food

On January 8, 2010, the United Kingdom (UK) House of Lords Science and Technology Committee announced the availability of its report entitled Nanotechnologies and Food, which criticizes the food industry for failing to be transparent about its research into the uses of nanotechnologies and nanomaterials. In its report, the Committee urges the Government and Research Councils to fund research into potential health and safety risks arising from the use of nanomaterials in the food sector. The...
January 13, 2010

EPA Revises TSCA Section 5 PMN and SNUN Electronic Reporting Requirements

On January 6, 2010, the U.S. Environmental Protection Agency (EPA) promulgated a final rule amending the electronic reporting requirements under Section 5 of the Toxic Substances Control Act (TSCA) (available online). According to EPA, the amendments are intended to streamline and reduce the administrative costs and burdens of TSCA Section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA’s Central Data Exchange (CDX) to encrypt and...
January 13, 2010

EPA Extends Comment Period for Proposed CNT SNURs

On January 8, 2010, the U.S. Environmental Protection Agency (EPA) extended until February 8, 2010, the comment period for its November 6, 2009, proposed significant new use rules (SNUR) for multi-walled carbon nanotubes (CNT) and single-walled CNTs.  According to the January 8, 2010, notice, EPA received a request to extend the comment period.  On December 1, 2009, the U.S. World Trade Organization (WTO) Technical Barriers to Trade (TBT) Inquiry Point at the National Institute of Standards...
January 12, 2010

Additional Information on New York “Chemical Avoidance List”

In our memorandum dated January 6, 2010, we alerted you to a recent activity in New York in connection with the development of a “chemical avoidance list.” The list, which reportedly consists of approximately 85 chemicals, would include chemicals that New York government agencies should avoid buying. By way of background, last May the Advisory Council of the New York Interagency Committee on Sustainability and Green Procurement voted 9-1 to recommend adoption of the not-yet...