All Published Articles

Lynn L. Bergeson, "EPA Promulgates SNUR for Polymer of Terephthalic Acid and Ethyl Benzene with Multi-Walled Carbon Nanotube (Generic)," Nanotechnology Now, February 3, 2015.

On February 2, 2015, the U.S. Environmental Protection Agency (EPA) promulgated through a direct final rule significant new use rules (SNURs) for 27 chemical substances that were the subject of premanufacture notices (PMNs). The substances include polymer of terephthalic acid and ethyl benzene with multi-walled carbon nanotube (generic) (PMN Number P-13-573), which is subject to a Toxic Substances Control Act (TSCA) Section 5(e) consent order.  

Lynn L. Bergeson, "Canada Begins Review of SNAc Orders and Notices for Nanomaterials," Nanotechnology Now, February 2, 2015.

On January 28, 2015, Environment Canada announced that, with Health Canada, it has initiated a review of significant new activity (SNAc) orders and notices currently in place under the Canadian Environmental Protection Act (CEPA). See http://www.chemicalsubstanceschimiques.gc.ca/plan/approach-approche/snac-nac/index-eng.php#a2 According to Environment Canada, since publication of the first SNAc in 2001, policies and practices have evolved, particularly with respect to the nature and scope of SNAcs, as well as the wording used to identify "significant new activities." 

Lynn L. Bergeson, "Switzerland Announces Continuation of Action Plan for Synthetic Nanomaterials," Nanotechnology Now, January 23, 2015.

The Federal Office of Public Health (FOPH) announced on December 17, 2014, that the Federal Council decided to continue the action plan for synthetic nanomaterials until 2019. See http://www.bag.admin.ch/nanotechnologie/12167/?lang=en The objectives of the action plan include:

  • Development of regulatory framework conditions for the responsible handling of synthetic nanomaterials;
  • Creation of scientific and methodical conditions aimed at identifying and preventing potential harmful effects of synthetic nanomaterials on health and the environment;
  • Promotion of the public dialogue about opportunities and risks of nanotechnology; and
  • Better utilization of existing tools for the development and rollout of sustainable nanotechnology applications.

 

Lynn L. Bergeson, "Nine Hazardous Chemicals Go On Watch List To Prevent Their Import," Chemical Processing, January 20, 2015.

On December 29, 2014, the U.S. Environmental Protection Agency (EPA) published a final rule signaling renewed interest in asserting Toxic Substances Control Act (TSCA) jurisdiction over finished goods. The final rule adds nine benzidine-based chemical substances to the existing significant new use rule (SNUR) on these substances, and, with respect to both the newly added and previously-listed substances, makes inapplicable the exemption relating to persons that import or process the substances as part of an article. 

Lynn L. Bergeson, "Canada’s New Substances Program Publishes Risk Assessment Summary for Multi-Wall Carbon Nanotubes," Nanotechnology Now, January 15, 2015.

Canada announced on January 9, 2015, that the New Substances Program has published six new risk assessment summaries for chemicals and polymers, including a summary for multi-wall carbon nanotubes. See http://www.ec.gc.ca/subsnouvelles-newsubs/default.asp?lang=En&n=4BCC7425-1 Environment Canada and Health Canada conduct risk assessments on new substances. These assessments include consideration of information on physical and chemical properties, hazards, uses, and exposure to determine whether a substance is or may become harmful to human health or environment as set out in Section 64 of the Canadian Environmental Protection Act, 1999 (CEPA 1999), and, if harm is suspected, to introduce any appropriate or required control measures.

Lynn L. Bergeson, "EPA’s New, Final Work Plan Assessments And What They Mean To You," Environmental Quality Management, December 22, 2014.

The United States Environmental Protection Agency (EPA) released on June 25, 2014, and on August 28, 2014, final risk assessments for targeted uses of four Toxic Substances Control Act (TSCA) Work Plan chemicals. The June Assessment consists of certain uses of trichloroethylene (TCE), and the assessments released in August are for uses of methylene chloride or dichloromethane (DCM), antimony trioxide (ATO), and 1,3,4,6,7,8-hexahydro-4,6,6,7,8,8-hexamethylcyclopenta-[γ]-2-benzopyran (HHCB). The much anticipated release of these assessments marks a real milestone for the EPA's Office of Chemical Safety and Pollution Prevention (OCSPP), and the EPA is to be commended for its significant efforts in completing these assessments relatively quickly.  

Lynn L. Bergeson, "EP ENVI Committee Proposes Moratorium on the Use of Nanomaterials in Food," Nanotechnology Now, December 1, 2014.

“On November 24, 2014, the European Parliament (EP) Committee on Environment, Public Health and Food Safety (ENVI) considered draft legislation concerning novel foods. See http://www.europarl.europa.eu/news/en/news-room/content/20141125IPR80424/html/Novel-foods-MEPs-call-for-moratorium-on-nano-foods-and-labelling-of-cloned-meat. The Committee amended the draft legislation, proposing a moratorium on the use of nanomaterials in food based on the precautionary principle. The Committee approved the amended draft legislation by a vote of 57-4, with two abstentions. EP Member James Nicholson (ECR, UK), who is steering the legislation through the EP, stated that he was not completely satisfied with the vote. ”

Lynn L. Bergeson, "EPA Proposes SNUR For Nonylphenols And Nonylphenol Ethoxylates," ABA Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, December 2014.

On October 1, 2014, the U.S. Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). For 13 NPs and NPEs, EPA would designate any use as a "significant new use," and for two additional NPs, EPA would designate that any use other than use as an intermediate or use as an epoxy cure catalyst would constitute a “significant new use.” Persons subject to the SNURs would be required to notify EPA at least 90 days before they manufacture (including import) or process any of these 15 chemical substances for a significant new use.  The full ABA PCRRTK Newsletter is available online . 

Lynn L. Bergeson, "New Wastewater Treatment Guidelines," Pollution Engineering, December 1, 2014.

"On September 16, 2014, EPA released its Final 2012 Effluent Guidelines Program Plan (Final 2012 Plan) and the Preliminary 2014 Effluent Guidelines Program Plan (Preliminary 2014 Plan) under the Clean Water Act (CWA). These are important plans as they telegraph EPA’s plans for developing effluent guidelines for targeted industries. This article discusses EPA’s current plans."

Lynn L. Bergeson, "EP Committee Study on Legislative Areas of the TTIP Addresses Nanomaterials," Nanotechnology Now, November 18, 2014.

The European Parliament (EP) Committee on Environment, Public Health, and Food Safety (ENVI) has posted a study entitled ENVI Relevant Legislative Areas of the EU-US Trade and Investment Partnership Negotiations (TTIP). See http://www.europarl.europa.eu/thinktank/en/document.html?reference=IPOL_STU(2014)536293. The study analyzes the main differences between European Union (EU) and U.S. legislation in eight areas: human medicines and medical devices; cosmetics; food and nutrition; sanitary and phyto-sanitary; nanomaterials; cloning; raw materials and energy; and motor vehicles. 

Lynn L. Bergeson, "EPA Proposes New Rule for Toxic Chemicals," Chemical Processing, November 5, 2014.

On October 1, 2014, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for 15 related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE). These substances are recognized as persistent and toxic in the environment. This article discusses this important move.

Lynn L. Bergeson, "Evolving Global Chemical Management Programs and Why They Matter," Trends, the ABA Section of Environment, Energy, and Resources Newsletter, November 2014.

Chemicals play a central role in our personal and professional lives. As consumers, we focus keenly on the chemicals in the products we use and with which we come into contact. Globalization and the emergence worldwide of sophisticated chemical management programs invite complex legal, commercial, and scientific challenges. These challenges extend far beyond compliance questions that, by comparison, seem now nostalgically straightforward. Understanding these programs and their evolution can only help inform our judgment as lawyers, consultants, and educated consumers.

Lynn L. Bergeson, "EPA Assessing Utility of Toxic Substances Control Act to Obtain Information on Hydraulic Fracturing," Environmental Quality Management, Fall 2014.

The United States Environmental Protection Agency (EPA) published in the May 19, 2014, Federal Register an advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. According to EPA, this mechanism could be regulatory (under Sections 8(a) and/or 8(d) of the Toxic Substances Control Act (TSCA)), voluntary, or a combination of both. It could include best management practices, third-party certification and collection, and incentives for disclosure of information.
 

Lynn L. Bergeson, "Harmonizing DOT HMR International Standards," Pollution Engineering, October 5, 2014.

On Aug. 25, 2014, the U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) issued a proposed rule seeking to harmonize the hazardous materials regulations (HMR) with international regulations and standards. The rule would revise proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements.

Lynn L. Bergeson, Charles M. Auer, Oscar Hernandez, "Creative Adaptation: Enhancing Oversight of Synthetic Biology Under the Toxic Substances Control Act," Industrial Biotechnology, October 2014.

Synthetic biology is delivering on its promise as an emerging scientific field in providing society with effective new sustainable products in diverse areas including renewable energy, contamination remediation, and medical applications, among others. As is the case with any rapidly evolving technology, the pace of technological innovation challenges regulators’ ability to identify and address adequately the substantial uncertainties they confront when discharging their legal obligations under controlling laws to ensure human and environmental safety. This article provides a brief description of synthetic biology, discusses the current domestic regulatory framework that governs the regulation of products of synthetic biology, and focuses narrowly on options and opportunities the US Environmental Protection Agency (EPA), innovators in the area of synthetic biology, and the Toxic Substances Control Act (TSCA)-regulated community at large may wish to consider to enhance TSCA’s core adaptive capacity to identify and address potential health and environmental risk implications posed by the commercialization of products of synthetic biology.

Lynn L. Bergeson, "EPA Considers Revisions to RMP Regulations," Pollution Engineering, October 1, 2014.

On July 31, 2014, EPA published a Request for Information (RFI) seeking information and data on potential revisions to its Clean Air Act (CAA) Risk Management Program (RMP) regulations and related programs. In the RFI, EPA asks for information on specific regulatory elements and on Occupational Safety and Health Administration (OSHA) Process Safety Management (PSM) approaches, the public and environmental health and safety risks they address, and the costs and burdens they may impose. This column explains why this RFI is critically important to the RMP and PSM programs and thus to Pollution Engineering readers.

Lynn L. Bergeson, "Canada Eyes Hazardous Products Regulation," Chemical Processing, September 23, 2014.

On August 9, 2014, Canada published a proposal for adopting the Globally Harmonized System for Classification and Labeling of Chemicals (GHS). GHS compliance is a big issue for just about all manufacturers, and understanding the approach of our neighbor to the north is important. This column summarizes the highlights.

Lynn L. Bergeson, "NNI and NASA Co-Sponsor Technical Interchange Meeting on Carbon Nanotubes," Nanotechnology Now, September 8, 2014.

The National Nanotechnology Coordination Office (NNCO) announced in the September 8, 2014, Federal Register that it will hold a technical interchange meeting entitled "Realizing the Promise of Carbon Nanotubes -- Challenges, Opportunities and the Pathway to Commercialization" on September 15, 2014. See http://nano.gov/2014CNTTechInterchange The meeting is sponsored by the National Nanotechnology Initiative (NNI) and co-sponsored by the National Aeronautics and Space Administration (NASA). According to the notice, the objectives of the meeting are to identify, discuss, and report the technical barriers preventing the production of carbon nanotube-based materials with electrical and mechanical properties approaching theoretical values, and to explore ways to overcome these barriers.

Lynn L. Bergeson, "EPA’s Air Office Recommends Lowering Ozone NAAQS," Pollution Engineering CoffeHaus Blog, September 8, 2014.

The EPA's Office of Air Quality Planning and Standards (OAQPS) has concluded that there is adequate evidence for lowering the existing National Ambient Air Quality Standard (NAAQS) for ozone (O3) from 75 parts per billion to between 70 ppb and 60 ppb. The recommendation is found in a 600 page long Policy Assessment for the Review of the Ozone National Ambient Air Quality Standards, issued on Aug. 29, 2014.

Lynn L. Bergeson, "Misleading Recycled Content Claims are Criminal," Pollution Engineering, September 1, 2014.

The Federal Trade Commission (FTC) has stepped up its enforcement initiatives and recently settled two cases with companies that market plastic lumber and related products. FTC alleged that these companies misled consumers in violation of Section 5 of the FTC Act in their marketing materials regarding the environmental attributes of their products.

Lynn L. Bergeson, "Australia Pesticides and Veterinary Medicines Authority Will Hold Nanotechnology Regulation Symposium," Nanotechnology Now, August 26, 2014.

The Australian Pesticides and Veterinary Medicines Authority (APVMA) will host a nanotechnology regulation symposium on October 28, 2014. See http://apvma.gov.au/node/11191 APVMA states that it "has worked over many years to progressively develop a regulatory framework for nanoscale agvet chemicals and chemical products." APVMA intends the symposium to provide industry and regulators with an opportunity for dialogue on the future regulation of nanopesticides and veterinary nanomedicines.

Lynn L. Bergeson, Meglena Mihova, "Nanomaterials and Public Disclosure: Are European Nano Product Registries the Answer?," Natural Resources & Environment, Volume 29, Number 1, Summer 2014.

Nano product registries in Europe are the newest twist to satiating the public’s relentless “right to know.” Nominally intended to prevent hazards, facilitate monitoring, and promote consumer choice, nano product registries also risk stigmatizing nano products, diverting limited government and private resources, and potentially creating commercial barriers to a promising technology. This article in the American Bar Association’s Natural Resources & Environment magazine focuses on efforts of multiple European countries that are presently at varying stages of establishing product registries to keep track of nanomaterials and the products that contain them. After outlining the stated purposes of these registries and explaining how they operate, the article explores whether they are achieving their stated goals or inadvertently inviting unintended consequences.

Lynn L. Bergeson, "DOT Eyes Safe Transport of Crude Oil," Chemical Processing, August 14, 2014.

On August 1, 2014, the Pipeline and Hazardous Materials Safety Administration (PHMSA), which falls under the U.S. Department of Transportation (DOT), published an important proposed rule intended to improve the safety of transportation of large quantities of flammable materials by rail — particularly crude oil and ethanol. The proposal responds to several catastrophic railcar derailments, all involving crude oil and resulting in fatalities. The DOT also issued on the same day a companion Advance Notice of Proposed Rulemaking (ANPR).

Lynn L. Bergeson, "EPA Approves Petition for Exemption," Chemical Processing, July 22, 2014.

On June 19, 2014, the U.S. Environmental Protection Agency (EPA) issued a direct final rule exempting manufacturers of three chemical substances from certain reporting-process-and-use information requirements under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule for those compounds. This column discusses the rule and the potential value of public petitioning.

Lynn L. Bergeson, "DOT’s Emergency Order Limits Crude Transport," Pollution Engineering, July 1, 2014.

The growing number of rail mishaps involving oil is attracting much press attention and now regulatory attention as well. On May 7, 2014, the U.S. Department of Transportation (DOT) issued an emergency order requiring all railroads operating trains containing bulk quantities of UN 1267, petroleum crude oil, Class 3 that either originates or is sourced from the Bakken formation in the Williston Basin (Bakken crude oil) to notify State Emergency Response Commissions (SERC) about the operation of these trains through their states. This article discusses this important topic.

Lynn L. Bergeson, "EPA Proposes Rule to Cut Greenhouse Gas Emissions," Pollution Engineering, July 1, 2014.

On June 2, 2014, the U.S. Environmental Protection Agency (EPA) issued an ambitious and likely contentious rule to diminish significantly the United States’ contribution to greenhouse gases (GHG). The rule is proposed under the authority of the Clean Air Act (CAA) and takes direct aim at the coal industry by requiring a 30 percent reduction in carbon dioxide (CO2) emissions from existing fossil fuel-fired power plants by 2030, using 2005 as the baseline year. This column summarizes key aspects of the rule and its implications for Pollution Engineering readers.

Lynn L. Bergeson, "FDA Issues Final and Draft Nanotechnology Guidances," Nanotechnology Now, June 24, 2014.

On June 24, 2014, the U.S. Food and Drug Administration (FDA) issued three final guidances and one draft guidance that it intends to provide "greater regulatory clarity for industry on the use of nanotechnology in FDA-regulated products." See http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm402499.htm. One final guidance addresses FDA's overall approach for all products that it regulates, while the two additional final guidances and the new draft guidance provide specific guidance for the areas of foods, cosmetics, and food for animals, respectively.

Lynn L. Bergeson, Timothy D. Backstrom, "EPA Issues Stop Sales Order for Unregistered Food Containers Containing Nanosilver: What Are the Implications?," Nanotechnology Law & Business, Volume 11, Issue 3, 2014.

On March 19, 2014, the U.S. Environmental Protection Agency (EPA) issued an administrative order to Pathway Investment Corp. (Pathway) of Englewood, New Jersey, to stop the sale of plastic food storage containers that are not registered with EPA, in violation of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). According to a press release issued on March 31, 2014, by EPA concerning the stop sale order, the Company’s Kinetic Go Green Premium Food Storage Containers and Kinetic Smartwist Series Containers contain “nanosilver” as an active ingredient, and the Company markets other products as containing nanosilver, which the Company claims helps reduce the growth of mold, fungus, and bacteria. EPA notes that such claims can be made only for products that have been properly tested and are registered under FIFRA. EPA states that, in addition to the order sent to Pathway, it also issued warning letters to Amazon, Sears, Walmart, and other large retailers directing them not to sell these food storage containers. This enforcement action put nanosilver in the public spotlight, and not in a good way. This article summarizes recent regulatory developments pertinent to nanosilver, and discusses the recent EPA enforcement action to explain what the case means, and what it does not mean.

Lynn L. Bergeson, "House Releases Discussion Draft of TSCA Reform Legislation," Environmental Quality Management, Summer 2014.

Reform of the Toxic Substances Control Act (TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a much anticipated discussion draft that would update TSCA. The Chemicals in Commerce Act (CICA) keys off of Senate Bill (S.) 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by late Sen. Frank R. Lautenberg (D-NJ) and Sen. David Vitter (R-LA). Under Shimkus’s leadership, the Subcommittee has held five hearings that reviewed core sections of Title I of TSCA and the proposed Senate amendments to those sections. This column provides an overview of the discussion draft of the new, not-yet-numbered House bill, the CICA, and compares its key provisions with the Senate’s approach to TSCA reform under S. 1009.

Lynn L. Bergeson, "Notice Concerning Nanoscale Materials Remains in EPA’s Regulatory Agenda," Nanotechnology Now, June 5, 2014.

On May 23, 2014, the U.S. Environmental Protection Agency (EPA) posted its 2014 Regulatory Agenda, which still includes RIN 2070-AJ54, "Nanoscale Materials; Chemical Substances When Manufactured, Imported, or Processed as Nanoscale Materials; Reporting and Recordkeeping Requirements; Significant New Use Rule." See http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201404&RIN=2070-AJ54.

Lynn L. Bergeson, "EPA and Corps of Engineers Propose New Rule Governing Clean Water Act Jurisdiction," Pollution Engineering, June 2, 2014.

In late March, EPA and Army Corps of Engineers (Corps) proposed a rule that would dramatically revise and expand the reach of the Clean Water Act’s (CWA) jurisdiction. Unquestionably, determining the scope of the CWA’s jurisdiction, particularly over streams and tributaries, has become confusing and complex following several Supreme Court decisions and various EPA interpretations issued in response to these decisions over the years. For nearly a decade, Congress, state and local officials, industry, agriculture, environmental groups and the public have asked for a rulemaking to provide clarity. The proposal is already generating much controversy and should invite significant comments.

Lisa M. Campbell, James V. Aidala, Susan Hunter Youngren, "EPA Guidance on Pesticide Drift Will Affect Product Registrations," CPDA Quarterly, June, 2014.

How to address and manage potential risks posed by pesticide “drift” -- the unintentional movement of some level of pesticide outside of the intended area of application -- has long been a challenging, complex regulatory policy issue. It is difficult to dispute that when applying a pesticide product some small amount may, in some circumstances, move off-site. In other words: “drift happens.” The issue quickly becomes whether, from a risk management perspective, the amount of off-site movement matters. That question is, in turn, heavily dependent on factors specific to the pesticide application at issue, such as the nature of the specific pesticide (e.g., its volatility), the application method used (e.g., aerial or ground application), and climatic conditions. Because many such factors must be considered, the U.S. Environmental Protection Agency (EPA) has found it challenging to devise a “drift policy” or define generally what, if any, level of potential drift is acceptable. This article explores the current situation.

Kathleen M. Roberts, "How to Make Friends and Win EPA Approvals: tips for biobased chemicals," Biofuels Digest, May 28, 2014.

In last week’s Special Report on Scale-up in Industrial Biotechnology, the Digest noted that a consistent lesson shared by leading biotech heavyweights at the BIO World Congress scale-up session is to “avoid an afterthought approach to regulatory compliance.” As luck and good scheduling would have it, after lunch on the same day, savvy conference-goers got up-close-and-personal with two senior U.S. Environmental Protection Agency (EPA) regulators and a seasoned company executive involved with biobased chemicals at a session titled “Commercializing Renewable Chemicals and Biobased Products: The Importance of Successfully and Efficiently Navigating the Regulatory Process.” This article highlights the top tips for gaining EPA regulatory approval shared by EPA’s Dr. Tracy Williamson and Dr. David Widawsky at the session.

Lynn L. Bergeson, "Spotlight Shines on Plant Safety," Chemical Processing, May 22, 2014.

Chemical plant safety is once again in the limelight due to some high profile and very public catastrophes. On January 3, 2014, a federal working group created by the Obama administration’s Executive Order (EO) 13650 issued a set of preliminary options intended to improve chemical plant safety and security. This is a priority topic commanding considerable attention and readers should be aware of and engaged in these developments. This column explains why.

Lynn L. Bergeson, "Chemical Safety and Drinking Water Protection Act," Pollution Engineering, May 20, 2014.

The tragic spill of a chemical into the Elk River in West Virginia that occurred on Jan. 9, 2014, has spurred the development of new legislation. On Jan. 27, 2014, Senators Joe Manchin (D-W.V.), Barbara Boxer (D-Calif.), Chair of the Environment and Public Works Committee, and Jay Rockefeller (D-W.V.) introduced the Chemical Safety and Drinking Water Protection Act of 2014. The regrettable spill and the mismanagement of the spill’s consequences by federal and state regulators reads like a case summary of mistakes to avoid when managing a crisis of epic proportions. The legislation that may emerge from this tragedy could prevent similar events in the future.

Lynn L. Bergeson, "European NGOs Publish Position Paper on the Regulation of Nanomaterials," Nanotechnology Now, May 7, 2014.

The European Chemicals Agency (ECHA) Biocidal Products Committee (BPC) adopted an opinion on April 10, 2014, concerning HeiQ AGS-20 (AGS-20). See http://echa.europa.eu/documents/10162/21680461/bpc_opinion_heiq_ags-20_en.pdf.

Lynn L. Bergeson, "TSCA Reform: Do It Now, Or It May Never Be Done," ELI Forum, May/June, 2014.

Whatever window of opportunity exists to reform the Toxic Substances Control Act is closing. This is not only because the mid-term elections are fast approaching, or that there are too few legislative days left this session, or even that Congress is polarized and achieving passage of complicated chemical legislation seems intuitively beyond reach. It is also because of the emergence of international and state chemical management frameworks. This article is from the Environmental Law Institute’s May/June 2014 issue of ELI Forum titled “TSCA Redux: Rejuvenating a Timeworn Statute.” The publication features articles from authors representing a variety of viewpoints on the issue including Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C.; Richard A. Denison, Lead Scientist, Environmental Defense Fund; Kathy Kinsey, Deputy Secretary for Regulatory Programs and Operations, Maryland Department of the Environment; Ann R. Klee, Vice President, Environment, Health & Safety, General Electric; John Shimkus, Chair, House Environment & the Economy Subcommittee; and Tom Udall, Chair, Senate Subcommittee on Superfund, Toxics, and Environmental Health. Visit www.eli.org for more information.

Lynn L. Bergeson, "Chemical Compliance: California Calls for Changes to Prop 65," Chemical Processing, April 10, 2014.

On March 7, 2014, the California Office of Environmental Health Hazard Assessment (OEHHA) released a proposal for a draft regulation amending Proposition 65 regulations. The proposal seeks changes to the warning requirements to include more detailed information, including the names of the chemicals covered by individual warnings, the ways that individuals are exposed to these chemicals, and how individuals can avoid or reduce their exposure to these chemicals. This column explains this proposal and its significance.

Lynn L. Bergeson, "Electronic Hazardous Waste Manifests Rules Issued," Pollution Engineering, April 1, 2014.

On Feb. 7, 2014, EPA issued a final rule under the Resource Conservation and Recovery Act authorizing the use of electronic hazardous waste manifests. The final rule will have immediate implications for virtually all domestic manufacturers of hazardous waste. This column explains why.

Lynn L. Bergeson, "ECHA Report Includes Recommendations for Exposure Assessment and Risk Characterization of Nanomaterials under REACH," Nanotechnology Now, March 28, 2014.

On March 26, 2014, SAFENANO announced that the European Chemicals Agency (ECHA) published a report entitled Human health and environmental exposure assessment and risk characterization of nanomaterials: Best practice for REACH registrants.

Lynn L. Bergeson, "Chemical Plant Safety," Pollution Engineering, March 24, 2014.

On Jan. 3, 2014, a federal working group created by Executive Order 13650 issued a set of preliminary options intended to improve chemical plant security. This is a hot topic likely to command considerable attention in the New Year.

Ruth C. Downes-Norris, Leslie S. MacDougall, Gyöngyi (Pearl) Németh, M.Sc., "Think REACH Does Not Apply to Your Company? Are You Certain? Read On," Elements, The Chemicals NorthWest Magazine, Spring, 2014.

According to the study, Impact of REACH on SMEs in the Netherlands, commissioned by the Dutch Ministry for Infrastructure and the Environment, 23% of SMEs belonging to the chemical industry are not aware that they do, in fact, have obligations under REACH. A company does not need to be an SME, however, to have the false impression that it has no obligations under REACH. This article outlines frequent misconceptions regarding REACH obligations and provides guidance to help confirm whether companies have responsibilities under REACH.

Lynn L. Bergeson, "America Competes Reauthorization Act Would Reauthorize NNI," Nanotechnology Now, March 20, 2014.

On March 7, 2014, the Organization for Economic Cooperation and Development (OECD) posted a report entitled Ecotoxicology and Environmental Fate of Manufactured Nanomaterials: Test Guidelines, which provides a report of the discussion and recommendations from the January 2013 expert meeting on ecotoxicology and environmental fate.

Lynn L. Bergeson, "Brave New World: California Finalizes Safer Consumer Products Regulations," Environmental Quality Management, Spring 2014.

It is official. California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC) Safer Consumer Products regulations, and the program went into effect on October 1, 2013. The regulations mark the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm. This new program is a true game-changer, and it will have profound national and international business, regulatory, and commercial implications for consumer product manufacturers and others for the reasons noted in this Washington Watch article. 

Lynn L. Bergeson, "Toxic Substance Control Act Reform Nears," Chemical Processing, March 18, 2014.

Reform of the Toxic Substances Control Act (TSCA) is a little closer to happening since Representative John Shimkus (R-IL), chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a discussion draft updating the TSCA. The Chemicals in Commerce Act (CICA) keys off S. 1009, the Chemical Safety Improvement Act (CSIA), which was introduced last May by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter (R-LA). This column highlights provisions in the discussion draft.

Lynn L. Bergeson, "OECD Issues Expert Meeting Report on Ecotoxicology and Environmental Fate of Manufactured Nanomaterials," Nanotechnology Now, March 7, 2014.

On March 7, 2014, the Organization for Economic Cooperation and Development (OECD) posted a report entitled Ecotoxicology and Environmental Fate of Manufactured Nanomaterials: Test Guidelines, which provides a report of the discussion and recommendations from the January 2013 expert meeting on ecotoxicology and environmental fate.

Andrew R. Bourne, Lara A. Hall, Lisa R. Burchi, "EU Biocidal Products Regulation and Its Impact on Industry: A Practical Briefing," Bloomberg BNA Daily Environment Reporter, February 26, 2014.

The European Union Biocidal Products Regulation dramatically changes the way biocidal active substances and biocidal products are regulated under European law. This new regulatory system is subtly different from those in other jurisdictions and EU neighboring countries, and fundamentally redefines biocidal products and treated articles. Companies exporting to the EU as a component of their global business must ensure that their supply chains and product designs are compliant with the regulation. This article presents a snapshot of existing industry norms and anticipates how these standard practices will be affected by the regulation.

Lynn L. Bergeson, "EPA Targets Flame Retardants DecaBDE and BPA," Chemical Processing, February 13, 2014.

On January 29, 2014, the U.S. Environmental Protection Agency (EPA) released two final Alternatives Assessment Reports for the flame retardant decabromodiphenyl ether (DecaBDE) and bisphenol A (BPA) in thermal paper. The EPA’s Design for the Environment (DfE) program developed the assessments, which profile the environmental and human health hazards for DecaBDE, BPA, and their alternatives. This article explains why these assessments are important.

Lynn L. Bergeson, "EPA Promulgates Final SNURs for Multi-Walled Carbon Nanotubes and Infused Carbon Nanostructures," Nanotechnology Now, February 12, 2014.

On February 12, 2014, the U.S. Environmental Protection Agency (EPA) issued, through a direct final rule, significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 35 chemical substances that were the subject of premanufacture notices (PMN). The 35 substances include four identified as multi-walled carbon nanotubes (generic) that were the subject of a December 3, 2012, TSCA Section 5(e) consent order.

Lynn L. Bergeson, "German Federal Environment Agency Supports Creation of EU Register of Products Containing Nanomaterials," Nanotechnology Now, February 7, 2014.

The German Federal Environment Agency (UBA) has posted an English translation of a 2012 document entitled Concept for a European Register of Products Containing Nanomaterials. See http://www.umweltbundesamt.de/en/publikationen/concept-for-a-european-register-of-products The document states that, due to the particular uncertainties concerning evaluation of the possible risks of nanomaterials for human health and the environment, UBA supports the establishment of a European register of products containing nanomaterials as a precautionary measure.

Lynn L. Bergeson, "New Reporting Requirements," Pollution Engineering, February 1, 2014.

The Occupational Safety and Health Administration (OSHA) recently proposed revisions to the injury and illness reporting and recordkeeping requirements for employers. The proposal would increase workplace safety and health through improved tracking of workplace injuries and illnesses.

Lynn L. Bergeson, "What Can We Expect From EPA in 2014?," Chemical Processing, January 20, 2014.

This “Compliance Advisor” column outlines thoughts on what might be headed our way in 2014 from the Office of Chemical Safety and Pollution Prevention (OCSPP) of the U.S. Environmental Protection Agency (EPA). Beyond the election-driven rhetoric, demands of the discrete issues that routinely come before program management will drive the EPA. An added and complicating concern may be the impact on these and all issues of continued budget cuts that challenge the EPA's ability to operate as it has in the past; even the simple ability to process approvals or conduct public meetings about non-controversial matters have become more difficult.

Lynn L. Bergeson, "ISO Publishes Report on Development of Nomenclature for Naming Nano-Objects," Nanotechnology Now, January 17, 2014.

The International Organization for Standardization (ISO) published on January 6, 2014, a report entitled Nanotechnologies -- Considerations for the development of chemical nomenclature for selected nano-objects (ISO/TR 14786:2014), which is intended to provide information and analyses in support of the development of chemical nomenclature for the naming of "nano-objects."

Lynn L. Bergeson, "New RCRA Guidance and Checklist Issued," Pollution Engineering, January 13, 2014.

The EPA issued important guidance under the Resource Conservation and Recovery Act (RCRA) on the regulatory status of commercial chemical products (CCP). This “Legal Lookout” column explains why the guidance is important, and explains it in more detail.

Lynn L. Bergeson, Kathleen M. Roberts, "Promoting Renewable Chemicals," The Environmental Forum, January/February, 2014.

Biofuels have gotten all the press. But biobased chemicals have equal environmental and health potential, and also the most exposure under the Toxic Substances Control Act. Implications range from irritating to crippling, depending upon a manufacturer’s response.

Lynn L. Bergeson, "TSCA Reform: The New State of Play," Environmental Quality Management, Winter 2013.

In a game-changing bipartisan show of support for reform of the Toxic Substances Control Act (TSCA) that few saw coming, United States (US) Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ)—among bipartisan others—introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), later designated Senate Bill 1009 (S.1009). CSIA provides a new and streamlined approach to reforming TSCA that stakeholders may view favorably when compared to legislative templates that have been considered previously by the Senate and the House of Representatives. This Washington Watch column summarizes key aspects of the bill and identifies issues and areas where further clarification is needed. This summary is not meant to be exhaustive, but it illustrates some of the challenges that lie ahead for the legislation notwithstanding its initial burst of public and bipartisan support.

Andrew R. Bourne, Hayley J. Clayton, Ph.D., Leslie S. MacDougall, "Standardising Transport/Labelling Regulations: A way to reduce shipping costs for retail and consumer products," Chemical NorthWest, Winter 2014.

Most GHS adoptions will complete implementation by 2015, mandating that all mixtures must be classified according to the particular legislation of that jurisdiction. Although some variation will remain between labelling information and hazard category adoption, this greatly simplifies the process of classification and labelling for retail and consumer products. This level of harmonisation, together with the standardisation of transport labels, offers the promise of greatly simplifying and reducing the cost of label creation.

Lynn L. Bergeson, "NIOSH Publishes Nanotechnology Research and Guidance Strategic Plan," Nanotechnology Now, December 20, 2013.

On December 20, 2013, the National Institute for Occupational Safety and Health (NIOSH) published a document entitled Protecting the Nanotechnology Workforce: NIOSH Nanotechnology Research and Guidance Strategic Plan, 2013-2016. See http://www.cdc.gov/niosh/docs/2014-106/ NIOSH describes the document as "the roadmap being used to advance basic understanding of the toxicology and workplace exposures involved so that appropriate risk management practices can be implemented during discovery, development, and commercialization of engineered nanomaterials."

Lynn L. Bergeson, "EPA Amends TSCA Reporting Obligations," Chemical Processing, December 17, 2013.

On December 4, 2013, the U.S. Environmental Protection Agency (EPA) issued a final rule entailing the use of electronic reporting for certain reporting requirements under the Toxic Substances Control Act (TSCA), effective March 4, 2014. This article summarizes the final rule.

Lynn L. Bergeson, "ISO Publishes Guidance on Voluntary Labeling for Consumer Products Containing Manufactured Nano-Objects," Nanotechnology Now, December 10, 2013.

The International Organization for Standardization (ISO) has published Technical Specification (TS) 13830:2013, "Nanotechnologies -- Guidance on voluntary labelling for consumer products containing manufactured nano-objects." See https://www.iso.org/obp/ui/#iso:std:iso:ts:13830:ed-1:v1:en The purpose of the guidance "is to provide a framework to facilitate a harmonized approach for the voluntary provision of labelling for [consumer products containing manufactured nano-objects (PCMNO)] that may or may not exhibit or impart nanoscale phenomena."

Lynn L. Bergeson, "IARC Will Review “Some Nanomaterials and Some Fibres” in 2014," Nanotechnology Now, December 2, 2013.

On November 28, 2013, the International Agency for Research on Cancer (IARC) announced that the Working Group for IARC Monographs Volume 111, "Some Nanomaterials and Some Fibres," will meet September 30 to October 7, 2014. IARC states that "[d]etails will follow shortly."

Lynn L. Bergeson, "Narrow Critique Does Not Alter EPA Nano Risk Assessment," Law360, November 26, 2013.

When the Natural Resources Defense Council sued the U.S. Environmental Protection Agency immediately after the EPA conditionally registered HeiQ AGS-20 and AGS-20 U nanosilver pesticide products, the nano community collectively held its breath. On Nov. 7, 2013, that same community let out a collective sigh of relief as the U.S. Court of Appeals for the Ninth Circuit largely upheld the EPA’s approach under the Federal Insecticide, Fungicide and Rodenticide Act in registering the first recognized nanopesticide.

Lynn L. Bergeson, "EPA Targets Significant New Use Rule-Regulating Articles," Chemical Processing, November 15, 2013.

The U.S. Environmental Protection Agency (EPA) issued in October 2013 a final rule amending a significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances. The rule is receiving praise because it narrowly and precisely targets the scope of the “articles” (finished products) subject to the SNUR requirements.

Lynn L. Bergeson, "Japan Announces Voluntary Guidance on Measuring Airborne Carbon Nanotubes in Workplaces," Nanotechnology Now, November 8, 2013.

Japan's National Institute of Advanced Industrial Science and Technology (AIST) announced in October 2013 a voluntary guidance document on measuring airborne carbon nanotubes (CNT) in workplaces.

Lynn L. Bergeson, "Court Vacates and Remands EPA’s Conditional Registration of HeiQ’s Nanosilver Products," Nanotechnology Now, November 8, 2013.

On November 7, 2013, the U.S. Court of Appeals for the Ninth Circuit granted in part and denied in part the Natural Resources Defense Council's (NRDC) petition for review of the U.S. Environmental Protection Agency's (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) nanosilver products.

Lisa R. Burchi, "DTSC Releases Final Safer Consumer Products Regulations," ABA Section of Environment, Energy, and Resources Chemicals, Chemicals Regulation, and Right-to-Know Committee Newsletter, November, 2013.

On August 28, 2013, California’s Office of Administrative Law (OAL) approved the California Department of Toxic Substances Control (DTSC or department) Safer Consumer Products Regulations (regulations). The regulations took effect on October 1, 2013. The regulations are the much-anticipated regulatory implementation of California’s Green Chemistry Initiative. The regulations and final statement of reasons are available at http://www.dtsc.ca.gov/SCPRegulations.cfm.

The scope of the regulations, including the four core elements of the regulations—candidate chemicals, priority products (PP), alternatives analysis (AA), and regulatory responses—is discussed.

Lynn L. Bergeson, "Lowering Silica Dust Exposure Limits," Pollution Engineering, November 1, 2013.

In August 2013, the Occupational Safety and Health Administration (OSHA) proposed a controversial rule lowering the 40-year-old permissible exposure limits (PEL) for crystalline silica particles. This is big news from an agency from that we hear little.

Lynn L. Bergeson, "FDA Finds Current Regulatory Review Processes Protect Public from Risks of Nanomaterials," Nanotechnology Now, October 29, 2013.

The U.S. Food and Drug Administration (FDA) Center for Drug Evaluation and Research (CDER) posted a blog item on October 24, 2013, concerning the use of nanotechnology to develop new drugs.

Lynn L. Bergeson, "Sweden Proposes National Action Plan for Nanomaterials," Nanotechnology Now, October 17, 2013.

On October 8, 2013, Sweden issued a report proposing a national action plan for the safe use and management of nanomaterials. An English summary of the report’s recommendations is available at http://nanotech.lawbc.com/uploads/file/00125741.PDF

Lynn L. Bergeson, "Toxic Chemicals: Prepare for Product Regulations," Chemical Processing, October 15, 2013.

The California Department of Toxic Substances Control (DTSC) Safer Consumer Products Regulations are now in effect (See "California Cracks Down on Chemicals"). While the most onerous requirements for "responsible entities" (manufacturers, importers, assemblers and retailers) will not hit for a while, companies should consider taking some initial steps now to understand how these regulations may affect operations in the future.

Lynn L. Bergeson, "The Regulation of Renewable Chemicals Under the Toxic Substance Control Act (TSCA)," Environmental Quality Management, Fall 2013.

The application of the Toxic Substances Control Act (TSCA) to biobased chemicals is sometimes overlooked, given the enthusiasm supporting the commercialization of biobased products. This “Washington Watch” article explains TSCA’s application to these products and outlines strategies to ensure the successful marketing of biobased chemical products.

Lynn L. Bergeson, "EPA Releases Final Comprehensive Environmental Assessment Applied to MWCNTs in Flame-Retardant Coatings in Upholstery Textiles," Nanotechnology Now, October 1, 2013.

The U.S. Environmental Protection Agency (EPA) posted on September 30, 2013, a final report entitled Comprehensive Environmental Assessment Applied to Multiwalled Carbon Nanotube Flame-Retardant Coatings in Upholstery Textiles: A Case Study Presenting Priority Research Gaps for Future Risk Assessments.

Lynn L. Bergeson, "EPA Releases Final Comprehensive Environmental Assessment Applied to MWCNTs in Flame-Retardant Coatings in Upholstery Textiles," Nanotechnology Now, October 1, 2013.

The U.S. Environmental Protection Agency (EPA) posted on September 30, 2013, a final report entitled Comprehensive Environmental Assessment Applied to Multiwalled Carbon Nanotube Flame-Retardant Coatings in Upholstery Textiles: A Case Study Presenting Priority Research Gaps for Future Risk Assessments.

Lynn L. Bergeson, "New Executive Order Issued to Improve Safety at Chemical Manufacturing Facilities," Pollution Engineering, October 1, 2013.

On Aug. 1, 2013, President Barack Obama issued Executive Order (EO) 13650, ordering federal agencies to review safety rules at chemical facilities in response to the April explosion at the West Fertilizer Co., in West, Texas. The order, Improving Chemical Facility Safety and Security, seeks to close gaps in the regulation of facilities that the government believes contributed to the fatal accident. Here is a summary of that order.

James V. Aidala, "Neonicotinoids: EPA’s New Get-Tough Measures," Law360, September 25, 2013.

Throughout 2013, the issue of the contribution of pesticide use to the decline in honeybee colony health, known as colony collapse disorder (CCD), has been increasingly controversial. Of particular concern is the role that a particular class of pesticides, known as neonicotinoids, may play in CCD. While EPA generally maintains its view that pesticides, including the neonicotinoids, are one of many factors in contributing to CCD, in July 2013, it took steps to control more stringently the foliar use of neonicotinoid pesticides, including the ones affected by the EU suspension. EPA's most recent "get tough" approach is a new labeling requirement issued Aug. 15, 2013, and available online, and it holds some additional implications. This article reviews U.S. and European regulatory developments and offers commentary on how new restrictions will affect users and applicators of neonicotinoids.

Lynn L. Bergeson, "Nickel Nanoparticles Nominated for Listing in Report on Carcinogens," Nanotechnology Now, September 20, 2013.

On September 20, 2013, the National Toxicology Program (NTP) published a Federal Register notice requesting information on 20 substances, mixtures, and exposure circumstances, including nickel nanoparticles, nominated for possible review for future editions of the Report on Carcinogens (RoC).

Lynn L. Bergeson, "California Cracks Down On Chemicals," Chemical Processing, September 16, 2013.

On August 23, 2013, the California Department of Toxic Substances Control (DTSC) released changes to the near final Safer Consumer Products Regulations (SCPR). These game-changing regulations took effect October 1, 2013. This column broadly outlines the rule and summarizes the changes.

John H. Thorne, Ph.D., "Identifying Waters Protected by the Clean Water Act: The Impact on Aerial Application," Agricultural Aviation Magazine, September/October, 2013.

Despite 40 years of policy tinkering and lawsuits, there is still major disagreement over the scope of the Clean Water Act (CWA) jurisdiction today. A series of conflicting lower court decisions led the Supreme Court to twice address the definition of “waters of the U.S.” (WOTUS) with respect to wetlands policy. In 2011 the EPA and the U.S. Army Corps of Engineers decided to incorporate all of the Justices’ opinions in sweeping, new draft guidance that would greatly increase the number and type of waters regulated by the CWA. This “Washington Report” article examines the current policy status, and its impact on the aerial application business.

Lynn L. Bergeson, "Proposed Amendments for RFS2," Pollution Engineering, September 6, 2013.

On June 14, 2013, the EPA proposed revisions to the Renewable Fuel Standard. The amendments seek to clear up some fuel classifications to ease the burden on the industry. The proposal would allow use of biogas from landfills to meet the obligations imposed on refiners and importers to utilize renewable feedstocks in transportation fuels; also, it clarifies the renewable biofuels that can be categorized as cellulosic biofuels. This article discusses the revisions.

Lynn L. Bergeson, "EPA Announces Proposed Decision to Register Nanosilver Pesticide Product," Nanotechnology Now, August 29, 2013.

On August 27, 2013, the U.S. Environmental Protection Agency (EPA) announced its proposed decision to register "Nanosilva," a nanosilver-containing antimicrobial pesticide product.

Lynn L. Bergeson, co-author, "A Multi-Stakeholder Perspective on the Use of Alternative Test Strategies for Nanomaterial Safety Assessment," ACS Nano, August 7, 2013.

This article presents the results of a January 2013 workshop convened at the California NanoSystems Institute of the University of California, Los Angeles (UCLA) and hosted by the University of California Center for the Environmental Implications of Nanotechnology, as well as the UCLA Center for Nanobiology and Predictive Toxicology. Using carbon nanotubes as a case study, national and international leaders from government, industry, and academia discussed the utility of alternative test strategies (ATS) for decision-making analyses of engineered nanomaterials (ENM). After discussions, participants generated a short list of generally shared viewpoints, including a general view that ATS approaches for ENMs can significantly benefit chemical safety analysis. The article is available for purchase online.

Lynn L. Bergeson, "EPA Wipes Away Rule; Reusable and Disposable Solvent-contaminated Wipes Get Exclusion," Chemical Processing, August 7, 2013.

As one of the U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy’s first official acts, on July 23, 2013, the Administrator signed a final rule easing the requirements under the Resource Conservation and Recovery Act (RCRA) for solvent-contaminated rags and wipes. The rule has been long in the making and much anticipated.

Lynn L. Bergeson, "EPA Promulgates SNURs for Two Carbon Nanotube Substances," Nanotechnology Now, August 7, 2013.

On August 7, 2013, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) through a direct final rule for 53 chemical substances that were the subject of premanufacture notices (PMN), including two PMN substances whose reported chemical names include the term "carbon nanotube" (CNT).

Lynn L. Bergeson, Charles M. Auer, and R. David Peveler, "TSCA and the Regulation of Renewable Chemicals," American Oil Chemists, July/August, 2013.

While regulators are generally supportive of new chemistries that can replace older, petroleum-based ones, biobased chemicals are subject to the same Toxic Substances Control Act (TSCA) that governs every other chemical substance in the United States. Surprisingly, biobased chemicals that are considered to be “new chemicals” may actually receive more scrutiny under this law than established chemicals do. The following article provides practical information about the TSCA provisions that are most relevant to biobased chemicals, regulatory outcomes of Premanufacture Notification (PMN) review, and strategies stakeholders can use to assure compliance and successful commercialization of biobased chemicals.

Lynn L. Bergeson, Kathleen M. Roberts, and Heidi B. Lewis, "Why BRAG Before You Go to Market? The Biobased and Renewable Products Advocacy Group (BRAG) Helps Companies Commercialize Their Products," Industrial Biotechnology, August 2013.

Renewable chemicals are emerging at a fast pace, paving the way for new, innovative, and sustainable biobased products. The renewable chemicals’ market is estimated to reach $83.4 billion by 2018 in applications ranging from transportation and agriculture to textiles and cosmetics. In addition to all the elements great companies need to succeed -- a great product, a great brand, inspiring leadership, and vision -- biobased product companies need to understand how the U.S. Environmental Protection Agency (EPA) occupies a virtual seat at their management table, whether or not they know it.

Lynn L. Bergeson, "The Chemical Safety Improvement Act," Pollution Engineering, August 1, 2013.

Senators David Vitter (R-LA) and the late Frank Lautenberg (D-NJ) introduced S. 1009, the Chemical Safety Improvement Act (CSIA), in May 2013. The CSIA provides a new approach to Toxic Substances Control Act (TSCA) reform that, to date, has met with broad stakeholder approval. Highlights of the draft bill are below.

Lynn L. Bergeson, "ITC Seeks Information to Support Investigation of How EU Trade Restrictions Affect Exports of U.S. SMEs," Nanotechnology Now, July 31, 2013.

The U.S. International Trade Commission (ITC) published a notice in the July 30, 2013, Federal Register announcing that, following receipt of a letter from the United States Trade Representative (USTR), it instituted investigation No. 332-541, "Trade Barriers that U.S. Small and Medium-sized Enterprises Perceive as Affecting Exports to the European Union."

Lynn L. Bergeson, "Isotope Fact Sheet Warrants a Close Look," Chemical Processing, July 10, 2013.

The U.S. Environmental Protection Agency (EPA) recently released a fact sheet (www.epa.gov/oppt/newchems/pubs/isotopes.pdf) on reporting chemical substances that contain different isotopes of the same elements listed on the Toxic Substances Control Act (TSCA) Inventory. The document has enforcement consequences, so stakeholders should review it carefully. This column explains its significance. 

Bergeson & Campbell, P.C., "Comments on K-REACH and Lessons from EU REACH," Compliance & Risks Connect, July 2013.

As with many countries, Korea is pursuing a chemicals management approach that ensures substances being placed on its market are assessed for risk potential based on its use patterns while placing the burden of safe use on chemical businesses.

Lynn L. Bergeson, "GAO to EPA, Improve Chemical Controls," Pollution Engineering, July 1, 2013.

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report entitled “Toxic Substances: EPA Has Increased Efforts to Assess and Control Chemicals but Could Strengthen Its Approach.” The report is available at www.gao.gov/products/GAO-13-249. This article summarizes the findings and its implications.

Lynn L. Bergeson, "EC Begins Consultation on the REACH Annexes on Nanomaterials," Nanotechnology Now, June 26, 2013.

On June 21, 2013, the European Commission (EC) began a consultation on the modification of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation annexes on nanomaterials. According to the EC, the objective of the initiative is to provide further clarity on how nanomaterials are addressed.

Lynn L. Bergeson, "US EPA Releases Draft TSCA Chemical Risk Assessment," Environmental Quality Management, Summer 2013.

The United States Environmental Protection Agency (US EPA) released its first draft risk assessments developed under the Toxic Substances Control Act (TSCA) “Work Plan Program” on January 4, 2013. The draft risk assessments cover particular uses of five chemicals found in household products. While the chemicals covered in these first draft assessments may or may not be of interest to Environmental Quality Management readers, the draft assessments can give us a sense of how the Agency is approaching this very important process.

Lynn L. Bergeson, "OECD Publishes Report on Nanotechnology for Green Innovation," Nanotechnology Now, June 13, 2013.

On June 13, 2013, the Organization for Economic Cooperation and Development's (OECD) Working Party on Nanotechnology (WPN) published the final report Nanotechnology for Green Innovation. The report summarizes information collected from various projects undertaken by the WPN regarding the use of nanotechnology for green innovation.

Lynn L. Bergeson, "Hope Is Restored In Finally Modernizing TSCA," Law360, June 2013.

In a rare bipartisan expression of support for reform of the Toxic Substances Control Act (TSCA), Sen. David Vitter, R-La., and the late Frank Lautenberg, D-N.J., introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), S. 1009. The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may occur. Lawyers and others in this space need to be keenly aware of these legislative efforts as TSCA modernization will directly and significantly impact for many years to come domestic chemical manufacture, processing and use and will greatly influence the business operations of hundreds of thousands of downstream product manufacturers in the electronics, personal care products, consumer products and dozens of other business sectors dependent upon chemical suppliers for components essential to their manufacturing operations. This article reviews key elements of the bill and discusses its political prospects.

Lynn L. Bergeson, "Chemical Safety Standards Could Get Overhauled," Chemical Processing, June 2013.

The latest approach to TSCA reform addresses some industry concerns. Senators David Vitter (R-La.) and the late Frank Lautenberg (D-N.J.) in May introduced the Chemical Safety Improvement Act (CSIA), later designated S. 1009. CSIA is a new approach to Toxic Substances Control Act (TSCA) reform that industry stakeholders may view favorably when compared to prior legislative efforts. This article highlights key elements of the draft bill.

Lynn L. Bergeson, "2013 Chemical Assessment List Released," Pollution Engineering, June 1, 2013.

As part of the Toxic Substances Control Act (TSCA) Work Plan, EPA announced on March 27, 2013, that it would begin assessments on 23 chemicals, with a specific focus on flame retardant chemicals. The Agency will evaluate 20 flame retardant chemicals, conducting full risk assessments for four of the flame retardants, three of which are on the TSCA Work Plan, and one of which was the subject of an Action Plan.

Lynn L. Bergeson, "TSCA Reform: Grounds For Optimism," Chemical Watch Global Business Briefing, June 2013.

In a rare showing of bipartisan support for reform of the Toxic Substances Control Act (TSCA), senators David Vitter (Republican-Louisiana) and the late Frank Lautenberg (Democrat-New Jersey) recently introduced the Chemical Safety Improvement Act (CSIA). The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that needed modernisation of this important chemical management law may happen.

Lynn L. Bergeson, "NNI Publishes Report on RSL Initiatives in Nanotechnology," Nanotechnology Now, May 31, 2013.

On May 17, 2013, the National Nanotechnology Initiative (NNI) published a report on regional, state, and local (RSL) initiatives in nanotechnology. See http://nano.gov/node/1020 The report is the result of a workshop, convened May 1-2, 2012, and sponsored by the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the National Science and Technology Council and the Oregon Nanoscience and Microtechnologies Institute.

Lynn L. Bergeson, "EC Posts Assessment of Consequences of Changing the REACH Requirements for Nanomaterials," Nanotechnology Now, May 29, 2013.

In May 2013, the European Commission (EC) posted a January 2013 report entitled Examination and assessment of consequences for industry, consumers, human health and the environment of possible options for changing the REACH requirements for nanomaterials. According to the report, 12 of the 21 originally suggested options are considered already implemented with existing legislation and guidance. The other nine options were considered relevant for an adaptation of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and thus build the basis for the assessment.

Lynn L. Bergeson, "EPA Promulgates SNUR For Functionalized Multi-Walled Carbon Nanotubes," Nanotechnology Now, May 22, 2013.

On May 9, 2013, the U.S. Environmental Protection Agency (EPA) promulgated a significant new use rule (SNUR) for premanufacture notice (PMN) substance P-12-44, which is identified as "functionalized multi-walled carbon nanotubes." According to the Federal Register notice, "[t]he PMN states that the generic (non-confidential) use of the substance is as an additive for rubber and batteries." EPA states that it determined that "use of the substance other than as described in the PMN; manufacturing, processing, or use in a powder form; or any use of the substance resulting in surface water releases may cause serious health effects or significant adverse environmental effects."

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