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On April 16, 2010, the American Law Institute (ALI) and American Bar Association (ABA) will hold an advanced one-day course of study on chemical control law and policy. The course will examine what practitioners need to know about the growing significance of industrial and pesticide chemical control law and regulation, providing updates on the Toxic Substances Control Act (TSCA), Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and enforcement priorities for 2010, and a roundup on...

Today the U.S. Environmental Protection Agency (EPA) published its final clarification under which certain activated phosphors that are not on the Toxic Substances Control Act (TSCA) Section 8(b) Chemical Substance Inventory (TSCA Inventory) will be considered to be "new" chemical substances under TSCA Section 5, and thus will be subject to applicable notification requirements under TSCA Section 5. According to EPA, the clarification is necessary because EPA's statements in this area have not...

On February 18, 2010, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report entitled EPA Needs a Coordinated Plan to Oversee Its Toxic Substances Control Act Responsibilities, urging EPA to coordinate better risk assessment and oversight activities by establishing a management plan that contains new goals and measures that demonstrate the results of Office of Pollution Prevention and Toxics (OPPT) and Office of Enforcement and Compliance...

On February 19, 2010, the U.S. Environmental Protection Agency (EPA) proposed important revisions to the procedures for development of enforceable consent agreements (ECA) to generate test data under Section 4 of the Toxic Substances Control Act (TSCA). 75 Fed. Reg. 7428 (Feb. 19, 2010). The proposed rule includes some sweeping changes for when and how negotiations will be initiated, conducted, and concluded, and limits the timeframe within which these activities will take place. Companies that...

Bergeson & Campbell, P.C. (B&C) is pleased to announce it will moderate and participate in an American Bar Association Quick Teleconference entitled "Endocrine Disruptors: The Art, Law, and Science of Responding to Testing Orders," on March 3, 2010, at 12:00 p.m. (EST). Speakers include: James V. Aidala, B&C; David Berol, U.S. Environmental Protection Agency (EPA); James C. Lamb, Ph.D., Exponent; and Robert G. Perlis, EPA. Register for the teleconference online.

In a February 18, 2010, Politics Daily article, Lynn L. Bergeson commented on regulations being developed by the U.S. Environmental Protection Agency (EPA) that would increase reporting of nanomaterial products.  Bergeson stated that she expects EPA to propose that businesses provide data only for new products, and that those on the market would be grandfathered in.

Bergeson & Campbell, P.C. is pleased to announce its sponsorship of the American Chemistry Council (ACC) and the Society of Chemical Manufacturers and Affiliates' (SOCMA) Global Chemical Regulations Conference and Exhibition being held in Baltimore, Maryland, on March 29-31, 2010. For more than 20 years, the Global Chemical Regulations Conference has provided a unique educational opportunity for chemical industry professionals. Participation in this conference provides attendees with...

As we reported last month, the Sustainability and Green Procurement Advisory Council (Advisory Council) of the New York Interagency Committee on Sustainability and Green Procurement (Interagency Committee) voted 9-1 to recommend creating a "chemical avoidance list" that would be a list of chemicals that New York government agencies should avoid buying. The list would comply with Governor David Paterson's 2008 Executive Order directing state agencies, public authorities, and public benefit...

Safety Compliance Issues and Related Legislative, Regulatory, and Policy Issues Christopher R. Bryant, previously with the American Chemistry Council, has joined Bergeson & Campbell, P.C. and its consulting affiliates, The Acta Group, L.L.C. (Acta) and The Acta Group EU, Ltd (Acta EU). Mr. Bryant has over 20 years of experience in environmental, health, and safety (EHS) compliance and legislative, regulatory, and policy issues. Mr. Bryant was the Managing Director of the Chemical Products...

The February 9, 2010, issue of InsideEPA's Toxics Regulation News references Bergeson & Campbell, P.C.'s December 31, 2009, memorandum regarding the U.S. Environmental Protection Agency's chemical action plans.