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In the March 30, 2015 BNA Daily Environment Report Special Report “Questions About Fees, Hiring Staff Among Issues Raised by TSCA Reform Bills,” a reporter spoke with James V. Aidala , Senior Government Consultant with B&C and former Assistant Administrator for EPA's Office of Prevention, Pesticides, and Toxic Substances (OPPTS) (now the Office of Chemical Safety and Pollution Prevention). To secure money from the fees, the EPA’s chemicals office will...

The March 27, 2015 issue of Inside EPA featured commentary from B&C in an article reporting on the perceived increasing divide on the Supreme Court about the level of deference to give EPA and other agencies in their statutory and regulatory powers, and the use of the justices’ recent statements by plaintiffs and others to argue for stricter judicial oversight of EPA rules. Meanwhile, a March 16 blog post by the law firm Bergeson & Campbell says even the...

Bergeson & Campbell, P.C. (B&C®) and its affiliate organizations are investigating the possibility of hosting a U.S. Environmental Protection Agency (EPA) Sustainable Futures workshop on the West Coast in late 2015. As you may know, Sustainable Futures training focuses on a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of chemicals. The intensive, hands-on training provided at Sustainable Futures...

In a March 26, 2015 story on EPA’s proposed rule regarding reporting requirements for companies that make or process nanoengineered chemicals, “Chemical Manufacturers, Processors To Report Basic Data Under EPA Proposal,” Lynn L. Bergeson was quoted.  In a break from previous data-collection rules, the proposed rule would apply to both chemical manufacturers and chemical processors, Lynn Bergeson, managing partner of Bergeson & Campbell P.C. [and President of Acta], told...

OEHHA Proposes MADL For BPA (Dermal Exposure From Solid Materials): On March 25, 2016, the California Office of Environmental Health Hazard Assessment (OEHHA) proposed a maximum allowable dose level (MADL) for bisphenol A (BPA) (dermal exposure from solid materials) of three micrograms per day. OEHHA states that it reviewed the transcript of the May 7, 2015, meeting of the Developmental and Reproductive Toxicant Identification Committee (DARTIC) and the hazard...

As noted in our recent memorandum on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697, Lautenberg), Senators Barbara Boxer (D-CA) and Ed Markey (D-MA) recently introduced the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act (S. 725, Boxer-Markey), which presents their approach to revising the Toxic Substances Control Act (TSCA). We had committed to preparing a review comparing Lautenberg with the new Boxer-Markey bill, and that...

In the article "OMB Clears Proposed Data-Collection Rule by EPA After More Than Four Years of Review,"  Daily Environment Report quoted Acta President Lynn L. Bergeson : Bergeson said she has heard that vague terms such as "novel properties" and "trace amounts" have been suggested for inclusion in the proposal as the data collection rule was reviewed by various agencies and federal offices. The use of such unclear terms could pose legal and regulatory challenges for...

On March 18, 2015, the Senate Environment and Public Works Committee held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). A detailed analysis of S. 697 is available in our March 13, 2015, memorandum. There were a number of references to the late Senator Frank R. Lautenberg (D-NJ), who introduced several bills intended to reform the Toxic Substances Control Act (TSCA), and whether the current bill would accomplish his goals. Throughout the...

In a March 9, 2015, decision in Perez v. Mortgage Bankers Ass'n., the U.S. Supreme Court unanimously held that an interpretative rule issued by an administrative agency does not require notice and opportunity for comment, even if the interpretative rule construes a substantive (or "legislative") rule previously issued by the agency and even if the interpretative rule alters a prior interpretation of the same rule. In the Perez decision, the Court explicitly...

A February 18, 2015 Daily News feature on InsideEPA.com included comments made by James V. Aidala as part of a presentation before the National Association of State Departments of Agriculture: In a Feb. 3 presentation to NASDA, Jim Aidala of the Washington, DC, law firm Bergeson & Campbell PC and consulting firm The Acta Group, said the federal strategy will include strict requirements on pesticide labels that must be followed wherever state plans are not in use. But Aidala...