All Published Articles

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."

Lynn L. Bergeson, "Conference Participants Discuss Need for EU Register of Nanomaterials," Nanotechnology Now, May 2, 2013.

On April 11-12, 2013, the Netherlands Ministry of Infrastructure and the Environment hosted an invitation-only conference entitled "Building Blocks for Completing EU Regulation of Nanomaterials." The conference was intended to identify areas where current European Union (EU) legislation on nanomaterials is insufficient. Participants included representatives from Member States, the European Commission (EC), European Parliament (EP), industry, and a number of non-governmental organizations.

Lynn L. Bergeson, "Reforming TSCA Legislation," Pollution Engineering, May 2013.

There has been a lot of talk lately about reforming Toxic Substances Control Act (TSCA). Sadly, that is all it is: talk. It appears that the prospects for TSCA reform legislation passing any time soon continue to be dim, even with the democrats retaining control of the Senate.

Lynn L. Bergeson, "Government Accountability Office Attacks EPA Program," Chemical Processing, May 2013.

On April 29, 2013, the U.S. Government Accountability Office (GAO) released a report on the U.S. Environmental Protection Agency (EPA) titled "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. The GAO has long faulted the EPA's chemicals management program. In 2005, GAO reported that the EPA failed to use its Toxic Substances Control Act (TSCA) authority to obtain information submitted by U.S. companies to foreign governments, and recommended that the EPA promulgate a rule requiring that companies provide the agency with copies of any health and safety studies and other information concerning the environmental and health effects of chemicals submitted to foreign governments. The EPA acted on some of the GAO's recommendations, but hasn't fully implemented them. GAO for this and other reasons, in 2009, added EPA's processes for assessing and controlling toxic chemicals to its list of programs at high risk of waste, fraud, abuse and mismanagement. The GAO updated this list in February 2013 and the EPA still is considered high risk.

Lynn L. Bergeson, "EPA Applies Life-Cycle Assessment to Nanoscale Technology," Nanotechnology Now, April 30, 2013.

On April 30, 2013, the U.S. Environmental Protection Agency (EPA) Design for the Environment (DfE) announced the availability of the final report entitled Application of Life-Cycle Assessment to Nanoscale Technology: Lithium-ion Batteries for Electric Vehicles.

Lynn L. Bergeson, "Obama’s Second Term: What Does It Mean for US EPA and the Regulated Community?," Environmental Quality Management, Spring 2013.

President Obama won a decisive victory on November 6, 2012, and the forecast for the next four years is clearer now than it was pre-election. This Washington Watch column offers some preliminary observations on what lies ahead for domestic environmental management issues at the legislative and regulatory levels.

Lynn L. Bergeson, "EPA Proposes 2013 Renewable Fuel Standards and Voluntary Quality Assurance Program," Manufacturing Today, April 2013.

On Feb. 7, 2013, EPA proposed 2013 renewable fuel standards for cellulosic biofuel, biomass-based diesel, advanced biofuel and total renewable fuels that apply to all gasoline and diesel produced or imported in year 2013. (78 Fed. Reg. 9282.) The proposal would require producers, importers and distributors of gasoline and diesel to add larger proportions of renewable fuel to their fuel products. EPA has also proposed, in a separate rulemaking signed on Jan. 31, 2013, an alternative voluntary quality assurance program to help assure compliance and minimize fraudulently procured Renewable Identification Numbers (RIN).

Lynn L. Bergeson, "Landmark Ruling Affects Pesticide Makers," Chemical Processing, April 2013.

On February 21, 2013, the Fourth Circuit Court of Appeals issued a landmark decision in Dow Agrosciences v. National Marine Fisheries Service (NMFS). It set aside a Biological Opinion (BiOp) prepared by the NMFS that found use of pesticides chlorpyrifos, diazinon, and malathion could jeopardize certain species of salmon and their habitat. The decision will have significant implications for the government and pesticide registrants alike. Here’s why.

Lynn L. Bergeson, "EPA Revises Rules for Waste Incineration," Pollution Engineering, April 2013.

On Dec. 20, 2012, EPA issued a much-anticipated rulemaking package revising the emission standards for commercial and industrial solid waste incineration units (CISWI). The final rule accomplishes two broad goals: it revises the Clean Air Act (CAA) emission limits for CISWIs, and it revises the definition under the Resource Conservation and Recovery Act of nonhazardous secondary material (NHSM). This column discusses the CAA aspects of the rule. More information regarding the adjustments for major and area source boilers and CISWIs, as well as NHSM amendments, is available on EPA’s website.

Lynn L. Bergeson, "EPA Targets Renewable Fuel Fraud," Chemical Processing, March 12, 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.

Lynn L. Bergeson, "NIOSH Announces New Findings on Lung Tumor Formation in Laboratory Mice Exposed to Multi-Walled Carb," Nanotechnology Now, March 12, 2013.

On March 11, 2013, at the annual meeting of the Society of Toxicology, researchers from the National Institute for Occupational Safety and Health (NIOSH) reported preliminary findings from a new laboratory study in which mice were exposed by inhalation to multi-walled carbon nanotubes (MWCNT).

Lynn L. Bergeson, "EPA Targets Renewable Fuel Fraud," Chemical Processing, March 2013.

On February 21, 2013, the U.S. Environmental Protection Agency (EPA) proposed a new approach to assure compliance with renewable fuel volume standards and minimize fraud. The proposal offers an alternative voluntary quality assurance program (QAP) to combat fraudulently procured Renewable Identification Numbers (RINs), which have been the source of problems in the past. Comments on the proposal are due April 18, 2013. This column explains the proposal and why a new option is needed.

Lynn L. Bergeson, "EPA Announces Availability of Draft Chemical Risk Assessments," Pollution Engineering, March 1, 2013.

The U.S. EPA announced on January 4, 2013, the first draft risk assessments developed under the Toxic Substances Control Act (TSCA) Work Plan. This is an important development of which PE readers should be familiar.

Lynn L. Bergeson, "Work Safely with Nanomaterials," Chemical Processing, February 15, 2013.

Manufacturers working with nanoscale materials will be pleased to know that the U.S. Occupational Safety and Health Administration (OSHA) recently published a fact sheet entitled "Working Safely with Nanomaterials". This document is a welcome addition to the widely available literature on managing prudently workplace exposures to nanomaterials.

Lynn L. Bergeson, "Toxics Predictions," Manufacturing Today, February 12, 2013.

The U.S. Environmental Protection Agency’s (EPA) resources are not expected to be robust. This will translate to further reductions in its operating programs such as the Office of Chemical Safety and Pollution Prevention (OCSPP), and eventually (if not already) will translate into personnel, skills-mix and salary impacts. This will hinder the ability of both OCSPP programs – Office of Pesticide Programs (OPP) and Office of Pollution Prevention and Toxics (OPPT) – to review submissions in a timely fashion and meet other program objectives.

Lynn L. Bergeson, "EPA Releases List of EDSP Universe of Chemicals," Pollution Engineering, February 1, 2013.

On November 27, 2012, EPA released The EDSP Universe of Chemicals and General Validation Principles, as well as the list of approximately 10,000 chemicals. This article explains the document and its implications.

Lynn L. Bergeson, "EPA Releases TSCA Chemical Risk Assessments," Chemical Processing, January 16, 2013.

The U.S. Environmental Protection Agency (EPA) released on January 4, 2013, the first draft risk assessments developed under the Toxic Substances Control Act (TSCA) Work Plan. This article explains why these assessments are important.

Lynn L. Bergeson, "Election Fallout: Regulatory Expectation After 2012 Election," Pollution Engineering, January 4, 2013.

Since President Obama won on November 6, the forecast for Pollution Engineering readers is a bit clearer. Below are preliminary observations on what lies ahead regarding environmental issues at the legislative and regulatory levels.

Lynn L. Bergeson, "One Step Closer:  California Proposes Safer Consumer Products Regulations," Environmental Quality Management, Winter 2012.

The California Department of Toxic Substances Control (CDTSC) is one step closer to implementing the state’s Green Chemistry Initiative (GCI), which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. These are not “garden variety” chemical regulations that impose a restriction here or there to prevent a perceived risk. Far from it. These regulations are game-changers. They ultimately will transform the way manufacturers select raw materials and make consumer products. As a result, these regulations are likely to influence significantly — and permanently — the way consumer products are conceived, formulated, and distributed. This “Washington Watch” column summarizes the core elements of the proposed Safer Consumer Products Regulations, highlighting significant changes from prior proposals.

Lynn L. Bergeson, "EPA Keeps Close Eye on Cadmium," Chemical Processing, December 13, 2012.

On December 3, 2012, the U.S. Environmental Protection Agency (EPA) continued its use of the Toxic Substances Control Act (TSCA) to regulate products (not just chemicals) in publishing a final rule adding cadmium and cadmium compounds to the TSCA Section 8(d) rule. In so doing, manufacturers and importers of cadmium must submit unpublished health and safety studies to the EPA (including use in materials that have been or are "reasonably likely" to be incorporated into consumer products). This article summarizes the rule and its implications. [NOTE – on December 14, 2012, the EPA withdrew their December 3, 2012 ruling – see “EPA Withdraws TSCA Section 8(d) Cadmium Rule”] 

Lynn L. Bergeson, "The New Obama Administration: Forecast for the Speciality Chemicals Sector," Speciality Chemicals Magazine Online Edition, December 2012.

Barack Obama won a decisive victory in the presidential election on 6 November and the forecast for the next four years is clearer now than it was pre-election. This article offers some preliminary observations on what lies ahead regarding domestic chemical management issues at the legislative and regulatory levels.

Lisa R. Burchi and Lynn L. Bergeson, "Pesticide Data Compensation in the EU and Canada," Bloomberg BNA Daily Environment Report, November 5, 2012.
The European Union in recent years has promulgated new regulations to set forth the procedures by which pesticides (called biocides and plant protectants in the EU) are registered and how companies can address issues related to the citation and compensation of data submitted that support those pesticide registrations. Canada also recently issued regulations setting forth new requirements on how data used to support a pesticide registration are protected. This article provides a broad overview of these regulations, the new procedures by which biocides and plant protectants will be registered in the EU, and the new ways that data citation and compensation will be addressed in the EU and Canada.
Lynn L. Bergeson, "Comment on Regulating Industrial Chemicals: Lessons for U.S. Lawmakers From the European Union's REACH Program," Environmental Law Reporter, November 2012.

It is entirely appropriate to consider how REACH may influence reconsideration of the U.S. chemical regulatory environment, and the report provides some critical insights. But REACH is not the only consideration — Canada’s Chemical Management Plan should be considered as well. Further, REACH should be considered from a practitioner’s, not an academic’s, perspective to learn lessons relevant to U.S. chemicals management 

Lynn L. Bergeson, "Proposed PFAS and LCPFAC SNURs," Pollution Engineering, November 2012.

On August 15, 2012, EPA issued proposed amendments to the significant new use rule (SNUR) for perfluoroalkyl sulfonate (PFAS) chemical substances to add seven PFAS chemical substances that have completed the new chemical review process under the Toxic Substances Control Act (TSCA). EPA has not yet commenced production or import, and to designate (for all listed PFAS chemical substances) “processing” as a significant new use. The agency is also proposing a SNUR for long-chain perfluoroalkyl carboxylate (LCPFAC) chemical substances with lengths equal to or greater than seven carbons that would designate manufacturing, importing, or processing for use as part of carpets or for treating carpets.

Lynn L. Bergeson, "EPA Plans to Improve IRIS Process," Chemical Processing, October 25, 2012.

The Integrated Risk Information System (IRIS) database of the U.S. Environmental Protection Agency (EPA) has stirred debate for years. EPA has vowed to reform its ways, and soon may be strongly urged to do so, as a result of an underway review mandated by Congress. Specifically, the measure directs the National Research Council (NRC) of the National Academy of Sciences (NAS) to review certain IRIS assessments. This article describes IRIS and the process underway to restore IRIS dossiers to credible sources of hazard information.

Lynn L. Bergeson, "Safer Consumer Products Regulations: One Step Closer," Pollution Engineering, October 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much-anticipated regulatory implementation of the state’s Green Chemistry Initiative.

Lynn L. Bergeson, Charles M. Auer, and R. David Peveler, "TSCA and the Regulation of Renewable Chemicals," Industrial Biotechnology, October 2012.

The dual national goals of reducing America’s dependence on foreign oil and greening the economy converge in biobased chemicals, the promising and rapidly evolving field of technology that produces commercial chemicals from renewable feedstocks. Although biobased chemicals have a long history, increasing sensitivity to reliance on nonrenewable feedstocks and the environmental impact of petroleum-derived chemicals have hastened the commercialization of biobased chemicals, and today they are in production as never before. According to one estimate, biobased chemicals’ share of the global chemical industry is expected to grow from 2% in 2008 to 22% by 2025. Lux Research reports that biobased chemicals capacity will double in market potential to $19.7 billion in 2016.

Lynn L. Bergeson, "Source of Minerals Gets New Scrutiny," Chemical Processing, September 25, 2012.

On August 22, 2012, the Securities and Exchange Commission (SEC) adopted a final rule implementing Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. This important and sweeping rule is effective for products manufactured in 2013, and the first annual reports are due May 31, 2014, and on May 31 every year thereafter. It obligates companies using minerals that might have come from conflict zones to disclose their use. Because such minerals are utilized in catalysts or directly in production, the rule will impact many industrial sectors, including chemical manufacturing, electronics, paints and coatings, and automotive. Further, as the list of “conflict” minerals expands, others industries will be brought in under the scope of the rule.

Lynn L. Bergeson, "Harmful Effects?," Manufacturing Today, September 2012.

NRDC challenges EPA’s FIFRA registration of nanosilver.

Lynn L. Bergeson, "Old Dogs and New Tricks:  US EPA Gets Creative with TSCA," Environmental Quality Management, Autumn (Fall) 2012.

The United States Environmental Protection Agency (US EPA) has taken some bold steps recently to strengthen its authority over existing chemicals -- using its expansive, but much maligned, authority under the Toxic Substances Control Act (TSCA). TSCA is an old statute, and believed by many to be out of date. But in “repurposing” its interpretation of its TSCA authority, US EPA has confirmed that the statute is more than a paper tiger

Lynn L. Bergeson, "EPA Flexes Its TSCA Muscles," Pollution Engineering, August 2012.

EPA's recent proposals to apply its Significant New Use Rules (SNUR) authority under the Toxic Substances Control Act (TSCA) to “articles” raises legal and policy issues, and presents challenges to EPA and industry. Here is why.

Lynn L. Bergeson, "California Aims For Safer Consumer Products," Chemical Processing, August 2012.

In July, the California Department of Toxic Substances Control (DTSC) released proposed Safer Consumer Products regulations, the newest iteration of the much anticipated regulatory implementation of California's Green Chemistry Initiative. Below is a summary of the core elements of the proposed regulations -- chemicals of concern (COC), priority products (PP), alternative analysis (AA), and regulatory responses.

Lynn L. Bergeson, "Edible Nanotechnology," Pollution Engineering, July 2012.

The FDA issues two new draft guidance documents on nanotechnology in food substances and cosmetics.

Lynn L. Bergeson, "EPA Releases EDSP Management Plan," Chemical Processing, July 2012.

The U.S. Environmental Protection Agency (EPA) released on June 28, 2012, an Endocrine Disruptor Screening Program (EDSP) "Comprehensive Management Plan." While it's intended for internal use, EPA made the plan available to the public to be consistent with its stated objectives for transparency. The plan and its implications are discussed.

Lynn L. Bergeson, "US EPA’s $1.4 Million TSCA Enforcement Action:  Why It Matters," Environmental Quality Management, Summer 2012.

Enforcement actions under the Toxic Substances Control Act (TSCA) are not all that frequent. When they do occur, however, they tend to be memorable. The most recent example involves an action brought by the United States Environmental Protection Agency (US EPA) against Dover Chemical Corporation. On February 7, 2012, the Agency announced that Dover Chemical had agreed to pay a $1.4 million civil penalty for alleged violations of TSCA premanufacture notice (PMN) obligations.

Michael F. Cole, Lynn L. Bergeson, and Carla N. Hutton, "Use of Nanoscale Materials in Commercial Sunscreen Products," Nanotechnology Law & Business, Spring-Summer 2012.
Lynn L. Bergeson, "Final HCS Rule Released," Pollution Engineering, June 2012.

After much deliberation, the Occupational Safety and Health Administration (OSHA) announced in March that it has revised the Hazard Communication Standard (HCS), aligning it with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The final HCS rule, which becomes effective in May, will be implemented in various phases with full implementation by 2016.

Lynn L. Bergeson, "OSHA Releases Final HCS Rule," Chemical Processing, June 2012.

In March, the U.S. Occupational Safety and Health Administration (OSHA) issued its revised final Hazard Communication Standard (HCS), aligning it with the United Nations Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Here are some key aspects of the final rule, which will be fully implemented by 2016.

Lynn L. Bergeson and Michael F. Cole, "Fullerenes Used in Skin Creams," Nanotechnology Law & Business, Volume 9, Issue 2, June 2012.

Since the discovery of fullerenes in 1985, the scientific and business communities have been exploring possible commercial applications for these intriguing materials. This article will explore one such application, the use of fullerenes in skin creams. We will discuss the perceived advantages of such use, the concerns expressed regarding risks to health and the environment from fullerenes in skin cream, and the research reported to date on cosmetic usage. The article will conclude with a discussion of the initiatives undertaken by manufacturers and government regulators to address the safe use of fullerenes, as well as selected future issues confronting those seeking to commercialize fullerenes in skin creams.

Lynn L. Bergeson, "What is to Come," Manufacturing Today, Summer 2012.

Much may be headed our way this year from the Hill in connection with reform of the Toxic Substance Control Act (TSCA) and chemical initiatives advanced by the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). The 2012 presidential election cycle is likely to influence any activity by either party or the administration over the next year.

Lynn L. Bergeson, "White House Eyes Biobased Products," Chemical Processing, May 2012.

On April 26, 2012, the Obama Administration released its National Bioeconomy Blueprint, which is intended to provide a comprehensive approach to harnessing innovations in biological research to address national challenges in health, food, energy and the environment. In a related development, the U.S. Department of Agriculture (USDA) proposed on May 1, 2012, amendments to 7 C.F.R. Part 3201, Guidelines for Designating Biobased Products for Federal Procurement.

Lynn L. Bergeson, "EO Increases Procurement of Biobased Products," Pollution Engineering, May 2012.

The BioPreferred Program was established by the Farm Security and Rural Investment Act of 2002, as amended by the Food, Conservation and Energy Act of 2008. It is intended to increase federal procurement of biobased products, promote rural economic development, create new jobs, and provide new markets for farm commodities. The USDA manages the program.

Lisa R. Burchi, Charles M. Auer, Kathleen M. Roberts, and Lynn L. Bergeson, "Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?," Bloomberg BNA Toxics Law Reporter, April 12, 2012.

Based on written communications from the EPA’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under the Toxic Substances Control Act’s Section 8(b)(2) authority. Given the statements from EPA over the past several years and recognizing that reporting under the TSCA Chemical Data Reporting rule commenced Feb. 1 (and runs through June 30, 2012), a critically important question is whether chemical substances that would otherwise fit within the Section 8(b)(2) categories are chemical substances subject to reporting as the category under the CDR.

Lynn L. Bergeson, "Dreaming No Longer:  California Issues Draft Safer Consumer Products Regulations," Environmental Quality Management, Spring 2012.

On October 31, 2011, the California Department of Toxic Substances Control (CDTSC) released an “informal draft” of its Safer Consumer Products Regulations. The draft does a good job of outlining how CDTSC intends to implement key mandates contained in the state’s Green Chemistry Initiative, which directs regulators to evaluate safer alternatives to chemicals that are believed to be toxic. This “Washington Watch” column summarizes key provisions of this precedent-setting, game-changing regulatory development.

Bergeson & Campbell, P.C., "SNUR for Infused Carbon Nanostructures announced by the US EPA," Nanotechnology Industries Association Newsletter, April 4, 2012.

The United States Environmental Protection Agency (EPA) has announced significant new use rules (SNURs) for 17 chemical substances, including 'infused carbon nanostructures (generic)', that had been the subjects of pre-manufacture notices (PMNs). Now enshrined as part of the Toxic Substances Control Act (TSCA),'this action requires persons who intend to manufacture, import, or process any of these 17 chemical substances for an activity that is designated as a significant new use by this rule to notify EPA at least 90 days before commencing that activity. The required notification will provide EPA with the opportunity to evaluate the intended use and, if necessary, to prohibit or limit that activity before it occurs.

Lynn L. Bergeson, "EPA Targets Five Chemical Groups," Chemical Processing, April, 2012.

The U.S. Environmental Protection Agency (EPA) released on March 20, 2012, proposed significant new use rules (SNUR) that would require companies to report all new uses of five groups of chemicals, including domestic and imported products and articles. This would give EPA the opportunity, if warranted, to prohibit or limit the activity. The chemicals, which were part of the EPA's Chemical Action Plans from 2009 through 2011, are polybrominated diphenylethers (PBDE), hexabromocyclododecane (HBCD), benzidine dyes, short-chain chlorinated paraffins (SCCP), and di-n-pentyl phthalate (DnPP). This column summarizes key points in the proposals.

Lynn L. Bergeson, "Does the New Rule Stink?  EPA Lifts Stay on Hydrogen Sulfide Reporting," Manufacturing Today, Spring 2012.

On Oct.17, 2.011, the U.S. Environmental Protection Agency (EPA) announced its decision to lift the administrative stay of the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313 toxic chemical release reporting requirements for hydrogen sulfide (H2S) (CAS No.7783 6-4). The decision, which is not without controversy, has important implications for any industry sector that emits H2S.

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