April 9, 2015

TSCA Reform:  Shimkus Releases Discussion Draft of TSCA Reform Legislation

On April 7, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a Discussion Draft of the “TSCA Modernization Act of 2015” (TMA DD). In the previous Congress, Shimkus introduced first a discussion draft of the Chemicals in Commerce Act (CICA1), and then a revised discussion draft of the bill, CICA2. In addition, Shimkus held “countless” hearings concerning reform of the Toxic...
April 8, 2015

K-REACH: List of Priority Existing Substances Submitted for Consultation

On April 1, 2015, the Korean Ministry of Environment submitted the list of priority existing substances for consultation in accordance with Article 9 of Korea’s Registration, Evaluation, Authorization, and Restriction of Chemicals (K-REACH) regulation. The list identifies in Korean and English 518 phase-in (existing) substances that are considered a priority and thus part of the first phase of registration under K-REACH. The deadline for submitting comments is April 30,...
April 8, 2015

TSCA: EPA Opens Docket for Proposed TSCA Section 8(a) Rule for Nanomaterials

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. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity,...
April 7, 2015

BNA Daily Environment Report Coverage of Science & the Congress Briefing Quotes Lynn L. Bergeson

The April 7, 2015, Bloomberg BNA Daily Environment Report story “Innovation Outpacing Regulatory Systems; Modernized TSCA, New Data Said to Help,” reported on “21st Century Understanding of Chemicals,” a congressional briefing hosted by the American Chemical Society (ACS) Science & the Congress Project.  Lynn L. Bergeson’s comments at the congressional briefing were quoted.   The Environmental Protection Agency has taken eight times longer to...
April 7, 2015

Oil Price Information Network Features Richard E. Engler, Ph.D., in “TSCA Nomenclature May be Barrier for Advanced Biofuels”

The Oil Price Information Network (OPIS) spoke with Richard E. Engler, Ph.D. , Senior Policy Advisor for Bergeson & Campbell, P.C. and The Acta Group, regarding the application of the Toxic Substances Control Act (TSCA) to oils made from algae feedstocks and other non-traditional bio-materials.  The resulting article in the OPIS Ethanol & Biodiesel Newsletter is reprinted below, with permission from OPIS. TSCA Nomenclature May Be Barrier for...
April 6, 2015

TSCA: EPA Proposes Reporting and Recordkeeping Requirements for Nanoscale Materials

On April 6, 2015, the U.S. Environmental Protection Agency (EPA) issued a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured (including imported) or processed at the nanoscale. EPA proposes to require persons that manufacture or process these chemical substances to report electronically to EPA certain information, including the specific chemical identity, production volume, methods...
April 5, 2015

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers, and Other Recent CWA Developments

House Bill Would Block EPA From Vetoing Dredge And Fill Permits Issued By Army Corps Of Engineers: On March 3, 2015, West Virginia’s entire House of Representatives delegation re-introduced a bill that is intended “to stop the federal Environmental Protection Agency’s unprecedented overreach,” according to the bill’s sponsor, David McKinley (R-WV). The bill (H.R. 1203) would amend the U.S. Environmental Protection Agency’s (EPA) authority to revoke...
April 2, 2015

ECHA Publishes List Of Pending Article 95 Applications and Other Recent BPR Developments

ECHA Publishes List Of Pending Article 95 Applications:The European Chemicals Agency (ECHA) announced in a March 31, 2015 press release, that to increase transparency ahead of the September 1, 2015, deadline for the compliance with Biocidal Products Regulation (BPR) Article 95, it has published a list of all pending Article 95 applications. The list contains applications for which the ECHA has not yet taken a decision, and ECHA will update it regularly. ECHA will synchronize its...
March 31, 2015

Inside EPA Features B&C Commentary in Article “EPA Critics Cite High Court ‘Deference’ Statements To Oppose Major Rules”

The March 27, 2015 issue of Inside EPA featured commentary from B&C in an article reporting on the perceived increasing divide on the Supreme Court about the level of deference to give EPA and other agencies in their statutory and regulatory powers, and the use of the justices’ recent statements by plaintiffs and others to argue for stricter judicial oversight of EPA rules. Meanwhile, a March 16 blog post by the law firm Bergeson & Campbell says even the...
March 30, 2015

BNA Daily Environment Report Special Report Quotes James V. Aidala

In the March 30, 2015 BNA Daily Environment Report Special Report “Questions About Fees, Hiring Staff Among Issues Raised by TSCA Reform Bills,” a reporter spoke with James V. Aidala , Senior Government Consultant with B&C and former Assistant Administrator for EPA’s Office of Prevention, Pesticides, and Toxic Substances (OPPTS) (now the Office of Chemical Safety and Pollution Prevention). To secure money from the fees, the EPA’s chemicals office will...