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Today the U.S. Environmental Protection Agency (EPA) promulgated a final rule amending the polymer exemption rule, which provides an exemption from the premanufacture notification (PMN) requirements of the Toxic Substances Control Act (TSCA). The amendment excludes from eligibility polymers containing as an integral part of their composition, except as impurities, certain perfluoroalkyl moieties consisting of a CF3- or longer chain length. This exclusion includes polymers that contain any one or...
On January 21, 2010, the U.S. Environmental Protection Agency (EPA) announced a new practice concerning confidential business information (CBI) claims for substantial risk information submitted to EPA under Toxic Substances Control Act (TSCA) Section 8(e). 75 Fed. Reg. 3462. According to EPA’s announcement, if a chemical substance is listed on the public portion of the TSCA Inventory, EPA expects a company submitting a health and safety study to EPA under TSCA Section 8(e) for that...
The January 22, 2010, issue of BNA Daily Environment Report quotes Lynn L. Bergeson regarding the promulgation of a general significant new use rule for nanoscale chemical substances. According to Bergeson, it “has appeal as it would obviate the need for a TSCA Section 8(a) rule and avoid the small business exemption.” Bergeson also commented on nanomaterial developments expected in 2010....
The January 22, 2010, issue of Daily Environment Report references Bergeson & Campbell, P.C.‘s January 7, 2010, memorandum regarding its 2010 predictions....
The Acta Group, L.L.C. (Acta) has learned that the Senate is preparing to schedule a hearing on the Toxic Substances Control Act (TSCA) in early February, most likely on February 4, 2010. As noted in our 2010 Predictions memorandum, a new and significantly revised Kid-Safe Chemicals Act (KSCA) has not yet surfaced. The fact that the Senate is scheduling a hearing indicates that a revised Senate proposal is expected soon. There are also indications that if new...
On January 6, 2010, the U.S. Environmental Protection Agency (EPA) promulgated a final rule amending the electronic reporting requirements under Section 5 of the Toxic Substances Control Act (TSCA) (available online). According to EPA, the amendments are intended to streamline and reduce the administrative costs and burdens of TSCA Section 5 notifications for both industry and EPA by establishing standards and requirements for the use of EPA’s Central Data Exchange (CDX) to encrypt...
The January 8, 2010, issue of BNA Daily Environment Report quotes Charles Auer regarding the request from the European Economic Community’s World Trade Organization Technical Barriers to Trade Inquiry Point to extend the comment period on a proposed significant new use rule for two carbon nanotubes....
January 7, 2010 As is our custom, The Acta Group, L.L.C. is pleased to forward our thoughts on what may be in store this year from the U.S. Environmental Protection Agency’s Office of Prevention, Pesticides, and Toxic Substances. In light of the significant chemical management developments underway in the European Union, we are pleased that Ruxandra Cana and Koen Van Maldegem from the Brussels office of Field Fisher Waterhouse LLP have contributed their thoughts on...
In the January 5, 2010, issue of Chemical Watch, Lynn L. Bergeson describes the U.S. Environmental Protection Agency’s chemical action plans as “breathtaking in scope.” According to Bergeson, the fact that the Office of Management and Budget reviewed the action plans “portends potentially great and largely unfettered EPA activity in the months to come.”...
The January 5, 2010, issue of BNA Daily Environment Report quotes Charles Auer and Bergeson & Campbell, P.C.’s (B&C) December 31, 2009, memorandum regarding the action plans announced by the U.S. Environmental Protection Agency (EPA) on December 30, 2009. Auer described the action plans as “very ambitious” and noted that it remains to be seen whether EPA will have the staff and other resources to be as ambitious as it wants to be. In its...