It is critical that regulatory systems recognize the unique physical and chemical properties of metal and metal substances, which are very different than organic chemicals, and adopt risk assessment and risk management schemes that appropriately reflect those issues. The Acta Group (Acta®), in conjunction with its affiliates, Bergeson & Campbell, P.C. (B&C®) and B&C® Consortia Management, L.L.C. (BCCM), is uniquely well-suited to assist metal producers and downstream metal users and other stakeholders in successful engagement on regulatory and science policy matters pertinent to their issues.
Acta understands the metal community and its unique needs and challenges. Our professionals are recognized leaders in addressing the complexities of reporting metal substance byproducts under the U.S. Environmental Protection Agency’s (EPA) Chemical Data Reporting (CDR) rule.
We play a pivotal role in ongoing discussions surrounding potential legislative changes under the U.S. Toxic Substances Control Act (TSCA). Our professionals have strong relationships with decision-makers within EPA and other agencies, including the U.S. Small Business Administration (SBA), the U.S. Occupational Safety and Health Administration (OSHA), the European Commission (EC), and the European Chemicals Agency (ECHA) -- all of which play pivotal roles in regulatory decision-making for metal substances.
Our strong working relationships with key trade groups, such as the International Council on Mining and Metals, Eurometaux, and the Mining Association of Canada, are invaluable to our clients in the metals community. Through these interactions, and our internal monitoring, our keeping clients updated on legal, regulatory, and science policy issues pertinent to their interests is unparalleled.
An essential element of our success is the reliable network of global partnerships and strategic alliances we have developed to meet our clients’ needs. Our partners, in many cases, are former government regulators intimately involved in the jurisdiction’s chemical control legislation and/or regulatory implementation. They work in an unobtrusive manner to influence decision-making without causing offence or adopting a high profile, direct approach.
What We Do:
The wealth of Acta’s experience working at and with numerous authorities around the globe positions us to advocate effectively for our clients before problems arise and to mitigate issues after the fact. Areas in which we advise clients include the following:
Legislative Policy –
- Advise clients on impacts of proposed legislative actions or policies, including the U.S. Securities and Exchange Commission’s (SEC) conflict minerals regulations and TSCA reform actions
- Provide leadership role for metals industry in an ad hoc coalition of chemical trade associations in TSCA reform debate
U.S. Chemical Control and Assessment Actions –
Provide context of ongoing regulatory actions by EPA in chemical control programs impacting the metals industry and develop strategies to minimize burden or unintended consequences, including
- Scheduled assessments of numerous metals under the Integrated Risk Information System (IRIS) process
- Reporting of metals and metal byproducts under CDR
- Inclusion of metal substances in EPA’s TSCA Work Plan efforts
- Prioritization of chemicals in commerce
- Provide context of ongoing regulatory actions by EPA in chemical control programs impacting the metals industry and develop strategies to minimize burden or unintended consequences, including
Classification and Labeling Requirements –
- Educate metals community on impacts of new classification and labeling requirements in the U.S. and other regions
- Engage in research and modeling developments addressing the physical and chemical characteristics of metals within classification contexts
- Conduct and publish research focused on providing more scientifically robust approaches to regulate and manage metal substances
International Treaties and Programs –
- Lead industry efforts in providing input to U.S. delegates to International Maritime Organization (IMO) and United Nations Environment Programme (UNEP) on mercury, sustainable development, and other international activities impacting metals
- Meet with U.S. State, Commerce, and Transportation Departments to assist the U.S. in developing a position on the Strategic Approach to International Chemicals Management (SAICM) and mercury-related issues
Coordinate with Key Government Groups on Sustainability Issues –
- Monitor and report on developments in international “3Rs” initiative (reduce, recycle, reuse), Health Canada Exposure Model, draft Canadian Ecological Categorization of Organometallics, and UNEP Executive Director’s draft report
- Coordinate and host seminars for metals industry
- Acta’s affiliate, B&C, is legal counsel to the North American Metals Council (NAMC). Our professionals track regulatory and legislative issues and advise NAMC of their effect on the metals industry. Our affiliate, BCCM, manages NAMC and conducts specialized training for NAMC members.
- B&C is counsel to, and BCCM manages, the Titanium Dioxide Stewardship Council.
- Acta monitors global legislation, research, and regulations concerning nanomaterials, and prepares a monthly update summarizing, by country, plans for nanoparticle regulation and/or research relevant to nickel and nickel compounds, as well as other primary inorganic metal compounds such as copper, silver, and zinc.
- Acta professionals played a key role in EPA’s development of a science-based Metals Assessment Framework.
- Acta professionals participated in briefings on the Convention on Long-Range Transboundary Air Pollution (LRTAP) Heavy Metals Protocol and provided input to the U.S. government delegation on issues of interest.
- Acta’s affiliate, B&C, represented the North American metals industry at stakeholder meetings on SAICM with the U.S. delegation, and successfully advocated for removal of the term “heavy metals” and greater emphasis on scientifically-based determinations.
- Acta monitors federal, state, and international regulatory developments and prepares monthly and quarterly updates concerning specific metals, such as molybdenum, cadmium, aluminum, cobalt, platinum, and tungsten.