TSCA

Lynn L. Bergeson, "EPA Releases Q&As on New TSCA," Chemical Processing, September 20, 2016.

On September 2, 2016, the U.S. Environmental Protection Agency (EPA) released additional guidance on its implementation of the new Toxic Substances Control Act (TSCA) in the form of additional questions and answers (Q&As). This column explains the significance of this guidance.

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, ushering in a significantly enhanced, and effective immediately, chemical management law. (See “Grasp the Gravity of the New TSCA.")

The EPA has wasted no time in beginning the challenging process of implementing the law. This first step consists of preparing rulemakings and issuing guidance documents in the form of useful Q&As on a variety of topics.

Charles M. Auer, "Old TSCA, New TSCA, and Chemical Testing," BNA Daily Environment Report, August 16, 2016.

It is the author’s view that the central failing of old TSCA was its inability to produce the testing needed by EPA to assess and understand the hazards, exposures, and risks of existing chemicals. New TSCA makes important changes to the authority available to EPA to compel industry to generate the information needed by EPA to meet the purposes articulated under the new law. This paper briefly reviews the issues and problems that EPA encountered in using old TSCA for this purpose, discusses the improvements in new TSCA, and discusses why the author believes they offer the potential of future success in the testing area.

Lynn L. Bergeson, Charles M. Auer, "An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders," Industrial Biotechnology, Volume 12, Issue 4, August 2016.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, P.L. 114-182, significantly amends the Toxic Substances Control Act (TSCA). The Act was signed into law by President Obama on June 22, 2016. The date of signature is both the date of enactment and of entry into force of amended TSCA. New TSCA fundamentally changes the U.S. Environmental Protection Agency's (EPA) approach to evaluating and managing industrial chemicals, including genetically engineered microorganisms. The body of changes, the careful balancing of countless competing needs and interests, and artful drafting yield a statute that has been greatly strengthened and addresses virtually all of the deficiencies that have impeded TSCA's effectiveness over the years.  The changes are consequential, and stakeholders in the industrial biotechnology community could be greatly impacted by them, depending upon how EPA interprets and discharges its new authorities. This article highlights key changes of which stakeholders should be aware, sets forth the law's schedule by which EPA is to implement the changes, and identifies opportunities for stakeholders to engage in rulemaking or other activities to help influence the implementation process to ensure that it is firmly rooted in a clear understanding of the science, and of the risks and benefits offered by products of industrial biotechnology.

Kathleen M. Roberts, Richard E. Engler, Ph.D., Charles M. Auer, Lynn L. Bergeson, "An Analysis of Section 8 of the New Toxic Substances Control Act," BNA Daily Environment Report, August 9, 2016.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act significantly amends the Toxic Substances Control Act (TSCA), particularly with regard to Section 8 record keeping and reporting obligations. This article highlights a number of important changes and deadlines of which companies subject to TSCA should be aware.

Lynn L. Bergeson, "Grasp the Gravity of the New TSCA," Chemical Processing, July 13, 2016.

The Frank R. Lautenberg Chemical Safety for the 21st Century Act makes seismic changes in domestic industrial chemical management. If you think the extensive revisions to the Toxic Substances Control Act (TSCA) enacted on June 22, 2016, don’t impact your business, think again. TSCA reform affects virtually every domestic business sector involving chemicals and manufactured goods containing chemicals, and will continue to do so for years to come.

Lynn L. Bergeson, "In-House Counsel Beware: TSCA Reform Impacts Everyone," Law360, June 15, 2016 .

In-house counsel unfamiliar with the tsunami-like changes in domestic chemical management headed our way soon may wish to read this article. If you think for a second that the extensive revisions to the Toxic Substances Control Act (TSCA) expected to be enacted imminently do not impact your legal practice or your client’s business operations, think again. TSCA reform impacts virtually every business sector in the United States, and will continue to do so for years to come. Here are the reasons why you should care.

Lynn L. Bergeson, "TSCA Reform: Is It Still in Our Future?," Industrial Biotechnology, April 5, 2016.

Toxic Substances Control Act (TSCA) reform has been a “work in progress” for years. House and Senate passage in 2015 of substantive TSCA reform measures considerably improved the odds that Congress would enact TSCA-reform legislation in 2016. Recent events suggest otherwise, however, and as of this writing in mid-March the fate of TSCA reform remains decidedly uncertain. Momentum has dissipated as a dithering House has been slow to engage with Senate counterparts to reconcile the different approaches contemplated under each bill. The surprisingly harsh Republican response to Associate Supreme Court Justice Scalia’s untimely demise has hardened the partisan divide that threatens to tank Congressional action on any important initiative, let alone legislation as significant and potentially divisive as TSCA reform. It is hoped that cooler heads will prevail and leverage the hard work and momentum that has brought us to this momentous place in history. This Commentary provides an update on the current state of TSCA reform efforts.

Charles M. Auer, Frank D. Kover, James V. Aidala, Mark Greenwood, "Toxic Substances: A Half Century of Progress," Protecting the Environment: A Half Century of Progress, EPA Alumni Association, March 1, 2016.

PUBLIC CONCERNS LEAD TO CHEMICAL LAW

In the 1960s and early to mid-1970s, new reports of chemicals causing cancer appeared in the press or on TV almost every month. Polychlorinated biphenyls (PCBs), used in electrical transformers for over 40 years, were being found in fish and environmental samples from around the country. Other chemicals, including those not thought to be harmful, caused serious health or environmental effects. Chlorofluorocarbons (CFCs) were depleting the earth’s protective ozone layer. Asbestos, a mineral fiber widely used in insulation, caused lung cancer, especially in workers. Polybrominated biphenyls used as flame retardants were mistakenly mixed into animal feed and poisoned people and cattle in Michigan. Eating fish contaminated with mercury caused a severe neurological syndrome in adults as well as birth defects in Minamata, Japan. And the list went on.

Although society reaps enormous benefits from chemicals, there was little or no knowledge of the effects on health or the environment of the thousands of chemicals used and released into the  environment. There was not even a list of the chemicals made and used in America. The drumbeat of concerns contributed to a growing realization that environmental chemicals might cause major problems. People were suddenly aware that a man-made chemical environment of unknown dimensions literally surrounded them. Other studies pointed to the large gap in existing laws for dealing with these problems. During the 1970s, the groundswell of public concern resulted in legislative action.

Ruth C. Downes-Norriss, Leslie S. MacDougall, "What is Happening with Chemical Regulation Outside of the European Union?," Elements, the Chemicals NorthWest Magazine, Autumn 2015.
James V. Aidala, Jr., Charles M. Auer, Lynn R. Goldman, M.D., and James B. Gulliford, "Practical Advice for TSCA Reform: An Insider Perspective," The American Bar Association Section of Environment, Energy, and Resources Special Committee on TSCA Reform, August 2010.
Charles M. Auer, James V. Aidala, Lynn L. Bergeson, "TSCA Reform Legislation and Its Workability: Thoughts on Steps to Help Ensure Successful Implementation at the Outset and Over Time," Bloomberg BNA Daily Environment Report, July 23, 2015.

Competing proposals are working their way through the House and Senate to amend the Toxic Substances Control Act, the nation’s primary law for managing chemicals in commerce. In this article, former senior Environmental Protection Agency officials Charles Auer and James Aidala and attorney Lynn Bergeson discuss making the bill clearer and how congressional direction can be provided on what EPA is to do with certain new provisions to implement them in the first years of any amended TSCA.

Richard E. Engler, Ph.D., "The Impact of Toxic Substances Control Act Nomenclature on the Commercialization of Biobased Chemicals," AOCS Inform, July/August, 2015.

Imagine receiving a certified letter from the US Environmental Protection Agency (EPA) announcing that it plans to conduct an audit of your company’s facility in two weeks. The audit will focus on your company’s compliance obligations as a chemical manufacturer under the Toxic Substances Control Act (TSCA). Would you be prepared or are you unsure of what TSCA is and whether it applies to you? This article explains how TSCA applies to biobased chemicals and how nomenclature and chemical identity can impact commercialization.

Richard E. Engler, Ph.D., "Thought Leadership: The Toxic Substances Control Act and the Bioeconomy: Part 3, Call to Action," Biofuels Digest, May 18, 2015.

In the second installment of this series, I wrote about how the Toxic Substances Control Act (TSCA) regulates products across a manufacturing process, from feedstock to product. In this last installment, I present options for updating TSCA and the related implementing regulations to put novel, biobased chemistry on an even footing with incumbent products and processes that were grandfathered in as part of the original TSCA Inventory. The key is to find a way to level the field without compromising the U. S. Environmental Protection Agency’s (EPA) mission and authority to protect human health and the environment.

Lynn L. Bergeson, "TSCA Reform May Be Closer Than You Think," Chemical Processing, May 18, 2015.

On April 28, 2015, the Senate Committee on Environment and Public Works held a hearing to consider the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Since then, S. 697 has gained additional backing from both Republicans and Democrats. These events are important because they demonstrate significant bipartisan support for reform of the Toxic Substances Control Act (TSCA), and suggest TSCA reform actually may be in our future.

Richard E. Engler, Ph.D., "Thought Leadership: The Toxic Substances Control Act and the Bioeconomy: Part 2, Reportable Substances across the Manufacturing Process," Biofuels Digest, May 1, 2015.

In the first installment of this series, I wrote about how the Toxic Substances Control Act (TSCA) regulates products. In this article, we will look across a manufacturing process. TSCA applies to chemical substances that are used for purposes other than food, food additives, animal feed, cosmetics, drugs, tobacco and tobacco products, pesticides, munitions, and nuclear source materials. Biobased chemicals, that is, chemicals made from lignocellulose or other biomass, are finding markets in food and cosmetic markets, but much of the recent innovation focuses on biobased fuels and commodity chemicals. For these final products, TSCA applies. Chemical products must be listed on the TSCA Inventory of Chemical Substances (the Inventory) or be eligible for an exemption. If the product is not listed on the Inventory, the manufacturer must file a premanufacture notification 90 days before manufacturing (or importing) that substance or qualify for an appropriate exemption.

Richard E. Engler, Ph.D., "The Toxic Substances Control Act and the Bioeconomy: Part 1, The Impact of Nomenclature on the Commercialization of Biobased Chemicals," Biofuels Digest, April 26, 2015.

Bioeconomy companies recognize that their products are subject to a variety of federal chemical regulations, especially if they sell food, food additives, cosmetics, or other products regulated by the U.S. Food and Drug Administration (FDA). Unfortunately, companies may not recognize all the ways that the U.S. Environmental Protection Agency (EPA) regulates bioproducts, perhaps because of the understandable focus on the Clean Air Act (CAA) and the various programs under that authority: Renewable Fuel Standard, fuel additive registration, or other CAA submissions. TSCA also applies to bioproducts used in industrial, commercial, and most consumer products, including fuels. TSCA reporting requirements are in addition to, and separate from, CAA reporting.

Lynn L. Bergeson, "EPA Eyes Nanoscale Materials," Chemical Processing, April 13, 2015.

On April 6, 2015, the U.S. Environmental Protection Agency (EPA) proposed a Toxic Substances Control Act (TSCA) Section 8(a) rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale. 

Lynn L. Bergeson, "EPA Proposes Significant New Use Rule for Certain Nonylphenol and Nonylphenol Ethoxylates," Environmental Quality Management, Spring 2015.
On October 1, 2014, the US Environmental Protection Agency (EPA) proposed a Significant New Use Rule (SNUR) under the Toxic Substances Control Act (TSCA) for certain related chemical substances commonly known as nonylphenols (NP) and nonylphenol ethoxylates (NPE) (Federal Register [Fed. Reg.], 2014). For 13 NPs and NPEs, the EPA would designate any use as a “significant new use,” and for two additional NPs, the 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" (Fed. Reg., 2014, p. 59186). For a variety of reasons, which are discussed next, the proposed rule is interesting and significant. The EPA has already agreed to extend the comment period to mid-January in response to several industry-trade groups’ requests for more time.
Lynn L. Bergeson, "Comments Due July 6 On Proposed Reporting And Recordkeeping Requirements For Nanoscale Materials," Nanotechnology Now, April 6, 2015.

The U.S. Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale was published in the April 6, 2015, Federal Register. 

Lynn L. Bergeson, "New Technologies and an Old Law: Renewable Chemicals Invite Challenges under TSCA," Natural Resources & Environment Volume 29, Number 4, Spring 2015.

The resurgence of chemical production derived from renewable feedstocks reflects the new business imperatives of which chemical product manufacturers are all keenly aware: produce greener chemicals and reduce carbon footprints. Careful review of the Toxic Substances Control Act (TSCA), a law enacted almost forty years ago during the heyday of petroleum-derived chemical production, suggests that more can be done now to promote the commercialization of renewable chemicals to achieve these imperatives. This article describes renewable chemicals, provides a brief overview of TSCA, discusses key TSCA challenges as applied to them, and suggests actions to ensure TSCA’s implementation now and potential future TSCA revisions to facilitate the commercialization of renewable chemicals. 

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, "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, "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, 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 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, "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, "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, "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, "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, 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.

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, "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, 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, "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. 

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, "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, "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, "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, "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 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 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.

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