May 28, 2014

Inside EPA features B&C commentary in “Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule.”

“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...
May 21, 2014

House Subcommittee Holds Hearing on Nanotechnology: From Laboratories to Commercial Products

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...
May 20, 2014

EPA Publishes ANPR on Hydraulic Fracturing Chemical Substances and Mixtures

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...
May 20, 2014

Alliance for Chemical Nomenclature’s Efforts Noted in Bloomberg BNA Story

Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “EPA, Industry Far Apart on Agency Stance on Listing Mandate for Chemical Fractions.” “Kathleen Roberts, a vice presidentwith Bergeson & Campbell Consortia Management (BCCM), said the biobased and petroleum-based chemical manufacturers she works with through the Alliance for Chemical Nomenclature she manages would like to avoid...
May 19, 2014

J. Brian Xu, M.D., Ph.D., D.A.B.T., Joins Bergeson & Campbell, P.C. and The Acta Group as Toxicologist

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) are pleased to announce the addition of Brian Xu, Ph.D., to our firms. Dr. Xu, a board-certified toxicologist and medical doctor, will assist clients in developing and managing international projects involving U.S. Food and Drug Administration (FDA) and U.S. Environmental Protection Agency (EPA) regulated consumer products, pharmaceuticals, cosmetics, industrial and specialty chemicals, agrochemicals, and antimicrobials. Dr. Xu...
May 1, 2014

Global Regulatory Update for May 2014

AUSTRALIA Australia Publishes Eighth Tranche Of IMAP Assessments: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) published for public comment the eighth tranche of human health and environmental assessments for chemicals identified as part of the Stage One implementation of the Inventory Multi-Tiered Assessment and Prioritization (IMAP) Framework. NICNAS states that it seeks comments where information that has the...
April 30, 2014

TSCA Reform: House Subcommittee Discusses Revised Draft of Chemicals in Commerce Act

On April 29, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing to review a revised draft of the Chemicals in Commerce Act (CICA2). Representative John Shimkus (R-IL), Chair of the Subcommittee, released CICA2 on April 22, 2014. According to Shimkus, since he first released the discussion draft in March 2014 (CICA1), he has been working on a bipartisan basis to find common ground to reform the Toxic Substances Control Act (TSCA). More information...
April 24, 2014

TSCA Reform: An In-Depth Analysis of the Revised Chemicals in Commerce Act Discussion Draft

On April 22, 2014, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, announced that the Subcommittee will hold a hearing on April 29, 2014, to review a revised draft of the Chemicals in Commerce Act (CICA2). According to Shimkus, the revised draft "reflects suggestions from members on both sides of the aisle, as well as stakeholders and the administration." CICA would reform the Toxic Substances Control...
April 24, 2014

EU Biocidal Products Regulation Webinar: What It Means for Industry and How It Compares to U.S. Regulation

The European Union (EU) Biocidal Products Regulation (BPR) dramatically changes the way biocidal active substances and products, as well as many products not traditionally considered biocidal products, are regulated under European law. Practical aspects of this new regulatory system are subtly different from those in other jurisdictions, EU neighboring countries, and the U.S. Companies exporting to the EU as a component of their global business must ensure that their supply chains and product...
April 23, 2014

Enforceable Consent Agreement: EPA Issues Testing Enforceable Consent Order for D4 — With Some Interesting Twists

The U.S. Environmental Protection Agency (EPA) published a notice on April 4, 2014, announcing that it issued a testing consent order that incorporates an enforceable consent agreement (ECA) for octamethylcyclotetrasiloxane (D4), a chemical intermediate and component of personal care products. 79 Fed. Reg. 18822. There are two big take away messages here. First, that EPA issued a testing order at all under Toxic Substances Control Act (TSCA) Section 4 is big news as none has been issued in a...