July 1, 2020

EPA’s Temporary Enforcement Policy Will End August 31

The U.S. Environmental Protection Agency (EPA) issued a memorandum on June 29, 2020, announcing an “addendum on termination” to its March 26, 2020, COVID-19 temporary enforcement policy. The memorandum notes that as states and businesses begin to re-open, there will be a period of adjustment as regulated entities plan how to comply with environmental legal obligations and with public health guidance from the Centers for Disease Control and Prevention (CDC) and other agencies...
June 25, 2020

Final Risk Evaluation for Methylene Chloride Is First Completed under the Lautenberg Act Amendments

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on June 24, 2020, announcing the availability of the final Toxic Substances Control Act (TSCA) risk evaluation for methylene chloride. 85 Fed. Reg. 37942. This is the first risk evaluation that EPA has completed under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to TSCA. After evaluating 53 conditions of use of methylene chloride, EPA determined that...
June 8, 2020

Senate Finance Committee Holds Hearing on FDA’s Foreign Drug Manufacturing Inspection Process

On June 2, 2020, the Senate Committee on Finance hosted a full Committee hearing entitled “COVID-19 and Beyond: Oversight of the FDA’s Foreign Drug Manufacturing Inspection Process.” Witnesses represented the U.S. Food and Drug Administration (FDA), U.S. Government Accountability Office (GAO), and private sector companies. The hearing sought to examine the accountability of FDA’s vetting process, especially in regard to drugs necessitated by the COVID-19 pandemic. Lawmakers and witnesses...
June 4, 2020

China Publishes Draft Notice on Convergence Matters Related to Transition from MEP Order No. 7 to MEE Order No. 12

The Chinese Ministry of Ecology and Environment (MEE), formerly the Ministry of Environmental Protection (MEP), released a Notice on Convergence Matters Related to Environmental Management Registration of New Chemical Substances (Draft for Consultation) on June 3, 2020. The deadline to submit comments to MEE regarding the draft Notice is June 20, 2020. Comments can be submitted to MEE via e-mail (chem@mee.gov.cn). The key points in the draft Notice are summarized below: Commentary...
June 1, 2020

Global Regulatory Update for June 2020

Join Bergeson & Campbell, P.C., The Environmental Law Institute, And George Washington University Milken Institute School Of Public Health For “TSCA Reform — Four Years Later” Virtual Seminar: From the current impacts of the Toxic Substances Control Act (TSCA) on science policies to challenges faced by industry, Lautenberg Implementation continues to evolve even four years after becoming law. Bergeson & Campbell, P.C. (B&C®), The Environmental Law Institute (ELI), and...
June 1, 2020

Lynn L. Bergeson, “EPA-Initiated TSCA Risk Evaluations: Who Is on the Hook for Fees Has Changed,” Washington Watch, Summer 2020.

Under the amended Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency (EPA) has authority to collect fees from chemical manufacturers and importers to defray a portion of the EPA costs associated with risk evaluation efforts. The fees are quite substantial and who pays them has been the subject of considerable debate and uncertainty. This column addresses issues that have caused confusion and anxiety for industry stakeholders regarding the self-identification criteria,...
May 27, 2020

WEBINAR — Eurasia REACH: Achieving Timely Compliance with New Chemicals Requirements, May 27, 2020, 2:00 p.m. – 3:00 p.m. EDT

The Acta Group (Acta®) and EPPA were pleased to present the complimentary webinar “Eurasia REACH: Achieving Timely Compliance with New Chemicals Requirements.” Lynn L. Bergeson, President, Acta; Heather J. Blankinship, Senior Regulatory Consultant, Acta; Arkady Murashev, Chair, EPPA; Katia Filippova, Senior Adviser, EPPA; and Kate Stolbova, Regulatory Consultant, EPPA presented. Watch now....
May 21, 2020

EPA Releases Proposed Rule Intended to Improve the Transparency of Guidance

On May 19, 2020, the U.S. Environmental Protection Agency (EPA) released its “first ever” proposed rule intended to improve the transparency of guidance. According to EPA, the new rule will significantly increase the transparency of its practices around guidance and will improve its process for managing guidance documents. When final, the rule will: EPA has posted a pre-publication version of the proposed rule. Publication in the Federal Register will begin a...
May 18, 2020

Final SECURE Rule Will Update and Modernize USDA’s Biotechnology Regulations

On May 18, 2020, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued the much-anticipated final Sustainable, Ecological, Consistent, Uniform, Responsible, Efficient (SECURE) rule. 85 Fed. Reg. 29790. The rule is intended to update and modernize USDA’s biotechnology regulations under the Plant Protection Act. The final rule amends the regulations regarding the movement (importation, interstate movement, and environmental release) of...
May 8, 2020

China Publishes Long-Awaited Revised MEP Order No. 7

The Ministry of Ecology and Environment (MEE), formerly the Ministry of Environmental Protection (MEP), issued the long-awaited revision of MEP Order No. 7 in final, “Measures on the Environmental Management of New Chemical Substances” (MEE Order No. 12), on April 29, 2020, which will become effective January 1, 2021. MEE Order No. 12 is generally the same as the Notification Draft that MEE notified to the World Trade Organization (WTO) on September 2, 2019, except that...