A critical element of the U.S. Environmental Protection Agency’s (EPA) Draft National Strategy to Prevent Plastic Pollution (Strategy) is to “improve post-use materials management.” The Strategy identifies potential voluntary actions EPA believes can be implemented to prevent plastic waste. Plastics recycling, both mechanical and “advanced,” is core to achieving improved post-use plastics materials management. Post-use plastics management, in turn, is core to achieving...
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The U.S. Environmental Protection Agency (EPA) has been using its Toxic Substances Control Act (TSCA) Section 8 authorities in new and different ways. These TSCA reporting obligations have been of interest to stakeholders, raising many good questions and interest in understanding why EPA is seeking information, how it relies upon the information it receives, and what is in scope under the various reporting obligations. We here at Bergeson & Campbell, P.C. (B&C®) found it timely...
The U.S. Environmental Protection Agency (EPA) released a final rule on April 23, 2024, that amends the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). According to the final rule, published in the Federal Register on May 3, 2024, EPA reconsidered the procedural framework rule for conducting such risk evaluations and is revising certain aspects of that framework to align better with the statutory text and applicable court decisions,...
The U.S. Environmental Protection Agency (EPA) announced on May 8, 2024, that, in collaboration with the PETA Science Consortium International (PSCI), the Institute for In Vitro Sciences (IIVS), and the California Department of Pesticide Regulation (CDPR), on Wednesday, May 29, 2024, it will hold a webinar on the use of new approach methodologies (NAM). The webinar, “Advancing Eye Irritation Assessment with Non-Animal Methods for Industrial Chemicals and Agrochemicals: Progress at the US...
April 29, 2024
EPA Issues Asbestos Part 2 Draft Risk Evaluation, Preliminarily Determines That Asbestos Poses Unreasonable Risk to Human Health
On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos” (the Draft Asbestos Part 2). 89 Fed. Reg. 26878. EPA is evaluating legacy uses and associated disposals of asbestos, including chrysotile asbestos, five additional fiber types, asbestos-containing talc, and Libby...
The Public Employees for Environmental Responsibility (PEER) announced on April 11, 2024, that a coalition of public health groups filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking to stop immediately the manufacture and distribution of “hundreds of millions of plastic containers with dangerous levels of per- and polyfluoroalkyl substances (PFAS) that leach from these containers into household products and the environment.” The petition “demands that the...
April 11, 2024
Register Now for “Harmonizing TSCA Consent Orders with OSHA HCS 2012” on May 14, 2024, 11:00 a.m. – 12:00 p.m. (EDT)
Register now to join Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) for “Harmonizing TSCA Consent Orders with OSHA HCS 2012,” a complimentary webinar covering case studies and practical applications of merging the requirements for consent order language on the Safety Data Sheet (SDS). Toxic Substances Control Act (TSCA) consent orders and Significant New Use Rules (SNUR) are issued under Section 5 for specific chemicals. These U.S. Environmental Protection Agency...
The U.S. Environmental Protection Agency (EPA) published on April 3, 2024, an advance notice of proposed rulemaking (ANPRM) regarding lead for wheel-balancing weights (lead wheel weights). 89 Fed. Reg. 22972. EPA requests comments and information to assist in the potential development of regulations for the manufacture (including importing), processing (including recycling), and distribution in commerce of lead for lead wheel weights under the Toxic Substances Control Act (TSCA). To inform this...
The U.S. Environmental Protection Agency (EPA) is scheduled to publish a notice on April 9, 2024, announcing its denial of the Washington Department of Ecology’s (WDOE) petition under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. EPA states that it “shares the petitioner’s concerns regarding risks to human health and the environment posed by PCBs, and the Agency...
April 5, 2024
EPA Proposes to Require Submission of Health and Safety Studies for 16 Chemicals Being Considered for TSCA Risk Evaluation
The U.S. Environmental Protection Agency (EPA) published on March 26, 2024, a proposed rule requiring manufacturers (including importers) of 16 chemical substances to submit copies and lists of certain unpublished health and safety studies to EPA. 89 Fed. Reg. 20918. EPA identified 15 of the chemical substances as potential candidates for prioritization through a screening process based on a combination of hazard, exposure (including uses), and persistence and bioaccumulation characteristics....
April 3, 2024
GAO Will Review EPA’s Practices for Managing and Assessing the Performance of Its New Chemicals Review Program
The U.S. Environmental Protection Agency (EPA) provided notice of disclosure on April 2, 2024, to all potentially affected businesses under the Toxic Substances Control Act (TSCA) that submitted information to EPA pursuant to TSCA Section 5 that it will disclose information to the U.S. Government Accountability Office (GAO). 89 Fed. Reg 22713. According to the notice, GAO is initiating a review of EPA’s practices for managing and assessing the performance of EPA’s New Chemicals Review...
On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use (COU). 89 Fed. Reg. 21970. According to the final rule, the injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation...
March 21, 2024
EPA Issues Draft Risk Evaluation for Formaldehyde, Preliminarily Finds That Formaldehyde Poses Unreasonable Risk to Human Health
The U.S. Environmental Protection Agency (EPA) announced on March 15, 2024, the availability of and solicited public comment on the 2024 draft risk evaluation for formaldehyde prepared under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 18933. EPA states that it “preliminarily finds that formaldehyde poses unreasonable risk to human health. The risk evaluation notes that these risks may not apply to everyone, everywhere and describes some of the sources of uncertainties in EPA’s...
March 21, 2024
EPA Seeks Comment on Proposed Settlement Agreement to Conclude a TSCA Rulemaking Regulating Lead Wheel Weights
On March 13, 2024, the U.S. Environmental Protection Agency (EPA) published notice of a proposed settlement agreement to address a petition for writ of mandamus filed by the Ecology Center, the Center for Environmental Health, United Parents Against Lead & Other Environmental Hazards, and the Sierra Club in the United States Court of Appeals for the Ninth Circuit (Ecology Center v. EPA, No. 23-70158 (9th Cir.)). 89 Fed. Reg. 18408. The petitioners filed a petition...
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute, (ELI), and the George Washington University Milken Institute School of Public Health were pleased to present the complimentary “TSCA Reform – Eight Years Later” conference. Panelists discussed key hot topics, including chemical prioritization and risk evaluation, risk management, new chemical review, Section 21 petitions and other TSCA provisions available to third parties, and much more. A recording of the...
Chemical Watch presents Product Sustainability USA, a two-day conference focusing on the most recent developments around sustainability for the chemical industry and its downstream users, and how corporate and product sustainability is being shaped to achieve a safe circular economy. Richard E. Engler, Ph.D., will present “TSCA – driver or barrier to sustainable chemistry?”...
SAVE THE DATETSCA Reform – 8 Years LaterJune 26, 2024, 8:00 a.m. – 5:30 p.m. (EDT)George Washington University Milken Institute School of Public Health, Washington, D.C., and via livestream Save the date to join Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health for a day-long conference reflecting on the challenges and accomplishments since the implementation of the 2016...
March 12, 2024
EPA Announces Settlement with Haifa North America to Resolve Alleged TSCA Reporting Violations
The U.S. Environmental Protection Agency (EPA) announced on March 6, 2024, a settlement requiring Haifa North America, Inc. (Haifa) to pay a civil penalty of $664,267 “for violations of chemical data reporting regulations under the Toxic Substances Control Act (TSCA).” EPA states that it alleged that Haifa failed to submit a data report required under TSCA for 32 chemical substances that Haifa had imported between 2016 and 2019. According to EPA, Haifa imports “various chemicals...
March 11, 2024
EPA Seeks Nominations for Ad Hoc Reviewers to Assist SACC with Peer Reviewing DIDP and DINP
On February 29, 2024, the U.S. Environmental Protection Agency (EPA) requested public nominations of scientific and technical experts for service as ad hoc reviewers assisting the Science Advisory Committee on Chemicals (SACC) with the peer review of the Agency’s evaluation of the risks from di-isodecyl phthalate (DIDP) and di-isononyl phthalate (DINP) being conducted to inform risk management decisions under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 14836. EPA states that it is...