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...
July 24, 2024

Evolve 2024, October 9-10, 2024, Nashville, TN

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. ...
July 24, 2024

PFAS Updates USA 2024, September 18, 2024, Alexandria, VA and via webinar

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...
July 19, 2024

EPA Releases Draft Risk Evaluation for 1,1-Dichloroethane and Draft Hazard Assessment of 1,2-Dichloroethane for Public Comment and Peer Review

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)...
July 16, 2024

EPA Grants TSCA Section 21 Petition Seeking Section 6 Rule Prohibiting Three PFAS Found in Fluorinated Plastic Containers

The U.S. Environmental Protection Agency (EPA) announced on July 11, 2024, that it granted a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA establish regulations under TSCA Section 6 prohibiting the manufacturing, processing, use, distribution in commerce, and disposal of three per- and polyfluoroalkyl substances (PFAS) formed during the fluorination of plastic containers. EPA “will promptly commence an appropriate proceeding under TSCA Section...