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On June 6, 2014, the U.S. Environmental Protection Agency (EPA) announced that Liphatech, Inc. (Liphatech), a pesticide manufacturer based in Milwaukee, WI, paid a $738,000 civil penalty for Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) violations. The vast majority of the penalty was based on violations of FIFRA Section 12(a)(2)(E), because, EPA alleged, Liphatech failed to identify Rozol, a rodenticide used to control prairie dogs, as a Restricted Use Pesticide (RUP) in its...

In April 2013, an explosion destroyed a fertilizer plant in West, Texas, killing 15. In response to this and other recent catastrophic and fatal incidents at chemical facilities, President Obama on August 1, 2013, issued Executive Order (EO) 13650 -- Improving Chemical Facility Safety and Security. The purpose of the EO is to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to facility workers and operators, communities, and...

Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson and B&C affiliate Charles Auer in a Special Report on TSCA Reform published today. “Charles Auer, a consultant who led TSCA implementation throughout most of his 32-year career at the EPA, agreed it will be challenging to resolve the many valid questions that would arise on user fees. It would be unwise, however, to continue to ignore the question of funding in TSCA reform discussions, he...

“While the Democrats' changes seek to address many concerns Jones and environmentalists have raised, the redline avoids addressing the issue of whether and to what extent a new federal chemicals management law should preempt state regulation of industrial chemicals. The issue has become particularly fraught in the Senate, where Environment and Public Works Committee Chairman Barbara Boxer (D-CA) has made protection of California's extensive chemical regulations in the Senate bill a...

The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an interesting mix of substantial rewrites, deletions, and additions. The redline version, which we will refer to as CICA2-D to distinguish it from CICA2 and the original discussion draft, CICA1, proposes changes that favorably respond to numerous non-governmental...

The U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT) recently noted that it successfully completed the Agency's reorganization process and that the effective date will be sometime after June 9, 2014. The reorganization, which The Acta Group (Acta) had discussed in its "Predictions" memo, available online, represents a significant shuffle in responsibilities and also reduces the number of OPPT Divisions by one with the...

AUSTRALIA NICNAS Will Hold Training And Outreach Sessions: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) will be conducting stakeholder training and awareness sessions in major capital cities and selected regional areas in coming months, and it seeks expressions of interest from those wishing to attend. According to NICNAS, the topics to be discussed include: Who is NICNAS?;  What does NICNAS do?; ...

“In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags the ‘processors’ issue, saying the notice raises a host questions relating to ‘significant and difficult legal, procedural and policy issues. Noting that the ANPR includes service companies in its discussion of the companies that may be subject to Section 8 reporting, which ordinarily would not apply to ‘users,’ the analysis says, that though such service providers may ‘process’ the chemical while...

The House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on May 20, 2014, on "Nanotechnology: From Laboratories to Commercial Products." The purpose of the hearing was to examine the current state of nanotechnology research and development (R&D), as well as future opportunities and challenges. In addition, the hearing discussed policy issues surrounding nanotechnology applications and activities, federal funding levels for nanotechnology R&D, and...

The U.S. Environmental Protection Agency (EPA) published in the May 19, 2014, Federal Register an advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. According to EPA, this mechanism could be regulatory (under Sections 8(a) and/or 8(d) of the Toxic Substances Control Act (TSCA)), voluntary, or a combination...