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Bergeson & Campbell, P.C. (B&C®) appreciates the efforts being made by the U.S. Environmental Protection Agency (EPA) to upgrade and update several of the category documents in the New Chemicals Program, encourage EPA’s continued activity in this area, and encourage EPA to engage in a broader effort to solicit public comments.  We recognize the critical role that the new chemicals categories have played in the implementation of the New Chemicals Program.  Over time, however, we...

On June 27, 2017, the Environmental Law Institute (ELI), Bergeson & Campbell, P.C. (B&C®), the Environmental Defense Fund (EDF), and the George Washington University Milken Institute School of Public Health (GWU) held a day-long "TSCA Reform: One Year Later" conference at the GWU campus exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on the first anniversary of...

Bloomberg BNA/Bergeson & Campbell, P.C. WebinarWednesday, August 2, 2017, 12:00 p.m. - 1:30 p.m. (EDT) Complimentary Registration Available Online  With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the June 2017 copy of the Toxic Substances Control Act (TSCA) Inventory (Inventory), the magnitude of effort that will be needed to comply with the Section 8(b)(4) Inventory notification...

On July 18, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), and Richard E. Engler, Ph.D., Senior Chemist with Acta, were quoted by Bloomberg BNA Daily Environment Report regarding the U.S. Environmental Protection Agency’s (EPA) data gathering authority. […] The EPA's recent rules don't mention any intention to use the agency's new authority under the amended chemicals law to order companies to provide toxicity or...

On July 7, 2017, the U.S. Court of Appeals for the D.C. Circuit found “unreasonable,” and thus threw out, the “verified recycler” exclusion promulgated by the U.S. Environmental Protection Agency (EPA) in its 2015 revisions to the definition of solid waste under the Resource Conservation and Recovery Act (RCRA).  The court reinstated the “transfer-based” exclusion promulgated by EPA under the Bush Administration.  In the case, American Petroleum Institute v....

Michael S. Wenk, M.S., Senior Regulatory Consultant with The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), has been invited to speak on the current state of play of Central and South American chemical regulations at the 17th AOCS Latin American Congress and Exhibition on Fats, Oils, and Lipids, September 11-14, 2017, in Cancun, Mexico.  Mr. Wenk will present “Chemical Substance Management in Central and South...

On May 30, 2017, the Resource Conservation and Recovery Act (RCRA) Hazardous Waste Generator Improvements Rule became effective. 81 Fed. Reg. 85732 (Nov. 28, 2016). The rule will not become effective in RCRA-authorized states, however, until the states adopt the provisions and the U.S. Environmental Protection Agency (EPA) approves those state programs that adopt the rule. Please see our Monthly Update for December 2016 for additional detail on the rule. The potential scope of the...

On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first anniversary. […] Former career EPA toxics chief Charles Auer, now with the law firm Bergeson...

The Acta Group (Acta®) has been closely tracking the development of Brazil’s Industrial Chemicals Regulation (Regulação de Substâncias Químicas Industriais, or Regulação), which still only exists in draft form. As discussed in our Global Regulatory Update for June 2017, “on May 22, 2017, it was announced that, due to changes inside the Brazilian Ministry of Environment (Ministério do Meio Ambiente, or MMA), the extraordinary meetings of the...

The U.S. Environmental Protection Agency (EPA) released on June 22, 2017, the pre-publication Federal Register notices of the final framework actions under the Toxic Substances Control Act (TSCA), as revised by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (new TSCA). The final rules include the prioritization process rule, which establishes EPA’s process and criteria for identifying High-Priority chemicals for risk evaluation and Low-Priority chemicals...