Memoranda

Today, Office of Pollution Prevention and Toxics (OPPT) Director Wendy Cleland-Hamnett announced the U.S. Environmental Protection Agency's (EPA) decision to withdraw the Toxic Substances Control Act (TSCA) Section 8(d) immediate final rule published on December 3, 2012. According to EPA's letter responding to various entities' request for either withdrawal or an extension of time within which to persuade EPA to remove the listing of cadmium and cadmium compounds from the model 8(d) rule, it...

On May 3-4, 2012, the Pesticide Program Dialogue Committee (PPDC) convened its semiannual meeting in the U.S. Environmental Protection Agency (EPA) offices in Arlington, Virginia. This memorandum summarizes the presentations and topics discussed during the meeting, which were organized into 12 sessions: Update Regarding Strategic Plans, Budget, and PRIA 3  Pollinator Protection  Integrated Pest Management  Endocrine Disruptor Screening Program  PPDC Workgroup and OPP Program...

On November 27, 2012, the U.S. Environmental Protection Agency (EPA) released a document entitled The EDSP Universe of Chemicals and General Validation Principles, as well as the list of approximately 10,000 chemicals. According to EPA, the document is a supplement to the June 2012 EDSP Comprehensive Management Plan, which EPA intends to provide strategic guidance and outline critical activities that are planned for the Endocrine Disruptor Screening Program (EDSP) for...

On November 20, 2012, the U.S. Environmental Protection Agency (EPA) signed off on a direct final rule adding cadmium and cadmium compounds to the Toxic Substances Control Act (TSCA) Section 8(d) model rule thus requiring manufactures and importers of cadmium and cadmium compounds, including use as part of an article, that have been or are reasonably likely to be incorporated into consumer products, to report health and safety studies to EPA. The prepublication copy of the rule is...

November 14, 20121:30 – 3:30 p.m. (EST) Bergeson & Campbell, P.C. (B&C) is hosting a complimentary webinar on the implications of the election results on federal environmental law and policy. This webinar will focus on the implications of President Obama's reelection and yesterday's Congressional election results, including what policies and initiatives can be expected in the next four years, and how any likely regulatory directions may affect our clients. Speakers include:James V....

On October 31, 2012, the Court of Appeals of the State of California, Third Appellate District, issued a decision affirming the decision of the trial court, which found that the California Office of Environmental Health Hazard Assessment (OEHHA) had failed to provide sufficient evidence that styrene and vinyl acetate are "known" to cause cancer and thus these substances could not be listed as carcinogens under Proposition 65. The decision, which is available online, has important...

On October 1, 2012, the Federal Trade Commission (FTC) released the long-awaited revised Guides for the Use of Environmental Marketing Claims (Green Guides). This is a very important development and clients and friends marketing products in the "green" space need to be fully aware of the significant marketing, business, and legal implications of this document. FTC intends the Green Guides to help marketers ensure that the claims they make about the environmental attributes of...

On September 17-18, 2012, the Association of American Pesticide Control Officials (AAPCO)/State Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Issues Research and Evaluation Group (SFIREG) Pesticide Operations Management (POM) Working Committee (WC) held its semi-annual full committee meeting in U.S. Environmental Protection Agency (EPA) offices in Crystal City, Virginia. Through a cooperative agreement in 1978, EPA and AAPCO created SFIREG, an AAPCO committee with EPA funding, to...

The National Research Council (NRC) Committee to Review the Integrated Risk Information System (IRIS) Process held its first meeting on September 17-18, 2012, opening with a public session on September 17, 2012. The U.S. Environmental Protection Agency (EPA) has asked NRC to review the IRIS process and changes being implemented or planned by EPA, and recommend modifications or additional changes as appropriate to improve the scientific and technical performance of the IRIS Program. According to...

On September 6, 2012, the California Department of Toxic Substances Control (DTSC) Director Debbie Raphael spoke during the Safer Consumer Products Summit regarding the proposed Safer Consumer Products Regulations (Proposed Regulations). Memoranda providing background information on the Proposed Regulations are available online. The Proposed Regulations are available online. Points raised during the Summit include: Timing: DTSC will hold a public hearing on the...