January 3, 2014

Predictions for EPA’s Office of Chemical Safety and Pollution Prevention

The Acta Group (Acta) outlines below thoughts on what may be headed our way in 2014 from the U.S. Environmental Protection Agency's (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP). We also offer a few thoughts on European and Asian developments pertinent to chemical regulatory matters. Although President Obama is well into his second term, the 2014 off-year elections, combined with the bitter partisan atmosphere in Washington, D.C., will result in a continuing use of...
December 19, 2013

EPA Releases Data on 1,800 Chemicals Through New Online Dashboard

Lynn L. Bergeson was quoted in BNA Daily Environment Report regarding EPA’s December 17, 2013, release of screening data on 1,800 chemicals through a new online tool known as the interactive Chemical Safety for Sustainability Dashboard. “Companies that make and use the chemicals are likely to be concerned about how and in what context the data is presented, said Lynn L. Bergeson, a partner with Bergeson & Campbell PC who counsels industry on chemical regulations....
December 9, 2013

ECHA Launches First Public Consultation on a New Active Substance under the Biocidal Products Regulation

In what may be a test case for the future of neonicotinoids, the first public consultation launched by the European Chemicals Agency (ECHA) for a new active substance under the 2013 Biocidal Products Regulation (BPR) will address dinotefuran (CAS Number 165252-70-0), a neonicotinoid insecticide. According to ECHA's November 29, 2013, announcement, dinotefuran will be considered as a candidate for substitution under criteria set out in Article 10 of the BPR that are based on the intrinsic...
December 1, 2013

Global Regulatory Update for December 2013

AUSTRALIA Australia Seeks Comment On Sixth Tranche Of IMAP Assessments: The National Industrial Chemicals Notification and Assessment Scheme (NICNAS) has published for public comment the sixth 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 requests comments where information that has the...
November 26, 2013

EPA Releases Draft Procurement Guidelines for Product Environmental Performance Standards and Ecolabels

On November 20, 2013, the United States Environmental Protection Agency (EPA) announced its intent to release for comment proposed Draft Guidelines for Product Environmental Performance Standards and Ecolabels for Voluntary Use in Federal Procurement (Draft Guidelines). EPA states the Draft Guidelines -- developed by EPA, the General Services Administration (GSA), and other federal agencies following several "listening sessions" with a wide range of stakeholders -- are intended to help federal...
November 14, 2013

House Subcommittee Holds Hearing on Chemical Safety Improvement Act

On November 13, 2013, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on the Chemical Safety Improvement Act (S. 1009) (CSIA), which was introduced in May 2013 by the late Senator Frank R. Lautenberg (D-NJ) and Senator David Vitter (R-LA). Earlier this year, the House Subcommittee held hearings to provide an overview of Title I of the Toxic Substances Control Act (TSCA); examine TSCA Sections 5 and 14, which address the regulation of new chemicals, new...
November 12, 2013

Court Partially Vacates and Remands EPA’s Decision Granting Conditional Registrations for HeiQ’s Nanosilver Products

On November 7, 2013, a panel of the U.S. Court of Appeals for the Ninth Circuit issued a decision granting in part and denying in part the Natural Resources Defense Council's (NRDC) petition for review of the U.S. Environmental Protection Agency's (EPA) conditional registration of HeiQ AGS-20 and AGS-20 U (collectively, AGS-20) pesticide products that EPA has determined contain nanoscale silver (nanosilver). The court vacated EPA's decision "insofar as it concluded that there was no risk concern...
November 5, 2013

Countdown to December 1: How to Meet OSHA’s Training Deadline

There are 26 days remaining until the December 1 deadline by which employers must have trained their workers on the new label elements and the Safety Data Sheet (SDS) format as required under the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). While there is still time to meet the requirements, companies must act quickly. Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) can...
November 4, 2013

FTC Gets Tough on Green Guides and “Cracks Down” on Misleading and Unsubstantiated Environmental Marketing Claims

On October 29, 2013, the Federal Trade Commission (FTC) announced six enforcement actions concerning misleading and unsubstantiated environmental marketing claims. In a case imposing a $450,000 civil penalty, FTC filed a complaint and consent order against a company for violating a 1994 FTC order prohibiting it from making unsupported green claims for its paper plates and bags. In the five other actions, FTC addressed biodegradable plastic claims for the first time. In one case, FTC filed a...
October 17, 2013

Regulator Stresses REACH and California’s SCPR are Different

Lynn L. Bergeson was quoted in a Chemical Watch article on California’s new Safer Consumer Products Regulations (SCPR): “Information generated by REACH analyses could help position entities ‘favourably to be aware of what their obligations are under the Safer Consumer Products Regulations, and perhaps position them better to meet those requirements,’ said Lynn Bergeson of Bergeson & Campbell, P.C.”...