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AUSTRALIA NICNAS Seeks Feedback On Proposed Draft Guidelines On The Confidential Section Of The AICS: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) is seeking comment on draft guidelines relating to listing chemicals on the confidential section of the Australian Inventory of Chemical Substances (AICS). NICNAS seeks stakeholder views on the clarity and practicality of the draft guidelines, and the proposed approach to...
In direct response to the tragic and in many respects avoidable events that occurred in West Virginia earlier this month, on January 27, 2014, Senators Joe Manchin (D-WV), Barbara Boxer (D-CA), Chair of the Environment and Public Works Committee, and Jay Rockefeller (D-WV) introduced the Chemical Safety and Drinking Water Protection Act of 2014. The bill would amend the Safe Drinking Water Act (SDWA) by adding Part G -- Protection of Surface Water from Contamination by Chemical Storage...
January 23, 2014
EPA Publishes Revised Notice of Arrival Form for Import of Pesticides and Devices Raising New Questions for Importers
The U.S. Environmental Protection Agency (EPA) has revised the Notice of Arrival (NOA) form (EPA Form 3540-1), the use of which is required for import of pesticides and pest control devices into the United States. Importers should begin using the new form immediately. The revised form and related instructions are available online. EPA has added optional information blocks, recommendations, and certain clarifications to the instructions. Some of these changes may be beneficial and respond to...
On December 30, 2013, Health Canada's Pest Management Regulatory Agency (PMRA) released a consultation document entitled Proposed Approach to Special Reviews – Consultation Document. The Consultation Document outlines the Pest Control Products Act legislative requirements for special reviews and PMRA's proposed approach to conduct such special reviews. The document is available online. PMRA is accepting comments until January 29, 2014. PMRA states that...
Lynn L. Bergeson was quoted in a Chemical Watch article on the chemical spill near Charleston, West Virginia: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public officials need access to more data than is currently available.”...
Lynn L. Bergeson was featured in a Chemical Watch article on the January 2014 chemical spill near Charleston, West Virginia, that also featured comments from California Congressman Henry A. Waxman, ranking member of the Committee on Energy and Commerce: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public...
The Acta Group (Acta) is pleased to announce that Gyöngyi (Pearl) Németh, M.Sc., has joined our firm as a regulatory specialist, based in our Manchester, U.K. office. A tri-lingual (English, German, Hungarian) with a Masters degree in Environmental Engineering and a post-graduate degree in Experimental Toxicology with emphasis on endocrine disruptor chemicals (EDC), Ms. Németh delivers considerable international experience solving complex regulatory registration, commercialization, and...
Lynn L. Bergeson was quoted in a BNA Daily Environment Report article on the outlook for 2014 regarding toxic substances: “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that while S. 1009 has some momentum, it also faces significant hurdles, including finding ways to address the most substantive challenges of state preemption, confidential business information claims and the safety standard that the EPA would use to evaluate all...
January 14, 2014
Lynn L. Bergeson Featured on NPR’s “All Things Considered” Coverage of Chemical Spill in West Virginia
Chemical lawyer and Toxic Substances Control Act (TSCA) expert Lynn L. Bergeson was featured Monday, January 13, 2014, on the National Public Radio (NPR) program "All Things Considered." In a story on the mysteries that persist around a chemical spill in the Elk River near Charleston, West Virginia, NPR reporter Elizabeth Shogren interviewed Ms. Bergeson, whose comments were included in the national radio broadcast and NPR's web version of the story: "'These incidents are very painful for the...
January 14, 2014
ALJ Decision Imposing Large Fine for TSCA Section 8(e) Penalty May Provide New Guidance on What Constitutes Corroborative Information under Section 8(e)
On November 12, 2013, the United States Environmental Protection Agency (EPA) released an Administrative Law Judge (ALJ) decision ordering Respondent Elementis Chromium Inc., f/k/a Elementis Chromium, LP (Elementis or Company), to pay a $2,571,800 civil penalty for violating Section 8(e) and Section 15(3)(B) of the Toxic Substances Control Act (TSCA). The decision is available online. Although the case is highly fact-specific, the decision, if upheld under any potential appeal, may be used...