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On July 10, 2024, the U.S. Environmental Protection Agency (EPA) published a compliance guide for its final methylene chloride risk management rule issued under the Toxic Substances Control Act (TSCA). According to EPA, the compliance guide will help industry, workers, and other interested stakeholders understand and comply with the new regulations to prevent injuries, long-term illnesses, and deaths. EPA also announced that in June 2024, it released a fact sheet on the rule containing...
July 29, 2024
EPA Begins 90-Day Comment Period on Proposed High-Priority Substance Designations for Five Chemicals
The U.S. Environmental Protection Agency (EPA) announced on July 25, 2024, that it is proposing to designate acetaldehyde, acrylonitrile, benzenamine, vinyl chloride, and 4,4-methylene bis(2-chloroaniline) (MBOCA) as high-priority substances (HPS) for risk evaluation under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 60420. EPA is providing a 90-day comment period, during which interested persons may submit comments on the proposed designations of these chemicals as HPSs for risk...
Assent presents Evolve 2024, a two-day conference covering the biggest sustainability and compliance challenges and providing educational workshops, entertaining experiences, enlightening speakers, and much more. Lynn L. Bergeson, President, Acta, will present during “The Realities of Risk: A Unique Perspective of the Journey to Deep Supply Chain Sustainability” on October 10, 2024....
July 24, 2024
Environmental Regulation in Practice 2024: New Challenges and Controversies, September 20, 2024, via webinar
The Practising Law Institute presents Environmental Regulation in Practice 2024, analyzing current regulations including proposed amendments and judicial challenges concerning toxic chemicals, e-commerce, and public project developments, among other critical developments. Lynn L. Bergeson, President, Acta, will present. ...
Chemical Watch presents PFAS Updates USA 2024, a one-day conference providing expertise and advice on the far-reaching implications of PFAS actions for the chemicals industry and their supply chains. Lynn L. Bergeson, President, Acta will present “Preparing for the future and protecting companies from collateral liability.”...
July 24, 2024
Regulatory Summit North America 2024, September 16-17, 2024, Alexandria, VA and via webinar
The two-day Regulatory Summit Americas conference, presented by Chemical Watch focuses on the latest developments in global chemicals regulation, providing expert guidance from regulators, specialist consultants and industry on the practical and proactive implementation of regulatory policy shaping the safe management of chemicals in the US, Canada and beyond. Lynn L. Bergeson, President, Acta, will present “Legal perspectives including scientific issues and key points in litigation”...
July 22, 2024
Lynn L Bergeson, Kelly N Garson, “Loper Bright and TSCA: Will the demise of Chevron matter?,” Chemical Watch, July 22, 2024.
The standard of judicial review for most critical TSCA determinations under section 19 is “substantial evidence in the record taken as a whole”. This is a tough standard, considerably more rigorous than the Administrative Procedure Act (APA) standard under section 706, where agency action will be set aside if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” The recent Loper...
On July 1, 2024, the U.S. Environmental Protection Agency (EPA) announced the release of the draft risk evaluation for 1,1-dichloroethane (1,1-DCE) and the draft human health hazard assessment supporting the draft risk evaluation for 1,2-dichloroethane (1,2-DCE, also known as ethylene dichloride) prepared under the Toxic Substances Control Act (TSCA). EPA states that it “preliminarily determined 1,1-dichloroethane poses unreasonable risk to human health (of workers) and the environment.”...
July 17, 2024
Lynn L. Bergeson, “What the EPA’s ban on ongoing use of asbestos tells us,” Speciality Chemicals Magazine, July/August 2024.
On 28 March, the Environmental Protection Agency (EPA) issued its long-awaited first final risk management rule under the Toxic Substances Control Acta (TSCA), banning the import and eventual use of chrysotile asbestos. This is the only form of asbestos known to be used in the US. You may be thinking now that because your company does not import or use asbestos, this does not affect you. You should care about it because the EPA’s approach to the risk management of chrysotile asbestos has much...
July 16, 2024
Lynn L. Bergeson, “Chemicals in Food: FDA Steps Up Post-Market Review,” Chemical Processing, July 16, 2024.
The U.S. Food and Drug Administration (FDA), the primary federal agency committed to safe exposure to chemicals in the food supply, has recently stepped up efforts to ensure food safety, especially in the post-market assessment area. Stakeholders in commercial chemical operations and product lines involving chemicals used for or found in the food supply should be prepared for increased inspections and enforcement in this area. Chemicals in Food The Federal Food, Drug, and Cosmetic Act (FFDCA)...