Memoranda

On July 25, 2019, the House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on “Benign by Design:  Innovations in Sustainable Chemistry.”  Subcommittee Chair Haley Stevens (D-MI) opened the hearing, stating that she looked forward to a discussion about the market drivers for sustainability in the chemical industry, the integration of sustainability in chemistry education, and the role of the federal government in supporting research and...

In the March 27, 2019, Federal Register, the U.S. Environmental Protection Agency (EPA) issued its final regulatory rulemaking that prohibits the manufacture (including import), processing, and distribution of methylene chloride for consumer paint and coating removal. 84 Fed. Reg. 11420. See Bergeson & Campbell, P.C.’s memorandum, “EPA Bans Consumer Sales of Methylene Chloride Paint Removers, Seeks Comment on Program for Commercial Uses.” Starting...

The U.S. Environmental Protection Agency (EPA) announced on July 15, 2019, that it will cease sending notices of deficiency to businesses that submit procedurally flawed confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). This is a significant change from the interpretation EPA announced in January 2017, and a company’s failure to appreciate its consequences could prove damaging. Effective August 15, 2019, EPA will provide written notice to...

ECHA’s Management Board Supports Efforts To Improve REACH Authorization And Evaluation: On June 20, 2019, ECHA issued a press release entitled “Management Board supports efforts to improve REACH authorisation and evaluation.” In its press release, ECHA provides that its Management Board “has expressed its confidence in the plans to adjust the process for applications for [authorization].” The Management Board also welcomed the joint action plan of ECHA and the EC to improve the...

On July 9, 2019, the Ministry of Ecology and Environment (MEE, formerly the Ministry of Environmental Protection (MEP)) issued a notice of public consultation on the draft revision to the “Environmental Management of New Chemical Substances” (MEP Order No. 7). The deadline to submit comments to MEE regarding the draft revision is August 16, 2019. Comments should be submitted to MEE via e-mail (chem@mee.gov.cn). What Is New? The “Provision on the Environmental Administration of New...

The U.S. Department of Agriculture’s (USDA) Office of Procurement and Property Management published a final rule on July 5, 2019, that will amend the Guidelines for Designating Biobased Products for Federal Procurement (Guidelines) to add 30 sections designating the product categories within which biobased products would be afforded procurement preference by federal agencies and their contractors. 84 Fed. Reg. 32015. These 30 product categories contain finished products that are...

The U.S. Environmental Protection Agency (EPA) published on July 1, 2019, a Federal Register notice announcing the availability of the draft risk evaluations for cyclic aliphatic bromide cluster (HBCD) and 1,4-dioxane, two of the first ten chemicals undergoing risk evaluation under the amended Toxic Substances Control Act (TSCA). 84 Fed. Reg. 31315. EPA states that the purpose of the risk evaluations is to determine whether a chemical substance presents an unreasonable risk to health...

On June 21, 2019, the Ministry of Ecology and Environment (MEE, formerly the Ministry of Environmental Protection (MEP)) issued a notice on supplementing and improving the Inventory of Existing Chemical Substances in China (IECSC). Per the notice, chemical substances that were legally produced or imported in China before October 15, 2003, but that are not on the IECSC, except for the substance categories exempted from the “Environmental Management of New Chemical Substances” (MEP Order No....

The U.S. Environmental Protection Agency released on June 21, 2019, a proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT). EPA identified five chemicals pursuant to Section 6(h) of the Toxic Substances Control Act (TSCA): decabromodiphenyl ether (DecaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)), also known as tris(4-isopropylphenyl) phosphate; 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP);...

The European Commission (EC) began a public consultation on June 12, 2019, on the Fitness Check Roadmap on Endocrine Disruptors. According to the EC, the Fitness Check will contribute to the assessment of whether chemicals legislation in the European Union (EU) delivers its objective to protect human health and the environment by minimizing the overall exposure to endocrine disruptors. The Fitness Check will include an analysis of how different provisions in the broad spectrum of EC...