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October 8, 2014

Lynn L. Bergeson quoted in Bloomberg BNA Daily Environment Report story “EPA Withdraws Nanomaterial Reporting Rule From OMB Review, Sends New Proposal”

The ACTA Group

Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson in an October 8, 2014 story regarding the Environmental Protection Agency’s (EPA) recent withdrawal of a reporting rule regarding nanoscale materials that it submitted to the Office of Management and Budget (OMB) four years ago, and the significant new use rule (SNUR) it proposed the same day as the withdrawal (RIN No. 2070-AJ54). ‘‘ ‘Some of us had speculated that EPA had given up the ghost,’ attorney Lynn Bergeson, who frequently handles toxic chemical issues, told Bloomberg BNA. Bergeson said the lengthy amount of time the initial rule had spent under review by OMB was a sign that there were points of contention between the EPA and OMB that couldn’t be worked out. Early in the process, there were disagreements about what types of materials would be subject to the rule, as well as ‘the ever-present concern that the regulation of nanomaterials in any way could adversely affect their commercialization,’ she said. Bergeson said the mere fact that there is progress on this issue, however incremental, is very significant because ‘it tells me that there is greater alignment between [the EPA and OMB].’ However, she said it was unclear based on the new rule proposal submitted to OMB what has actually changed that led to this new development.”