Chemical Engineering Trends, Intellectual Property Litigation, & Industry Predictions – IMS Insights Podcast Episode 50
What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023
The U.S. Environmental Protection Agency (EPA) has issued a final rule (the “Rule”) that substantially expands its Risk Management Program (“RMP”) regulations aimed at preventing chemical accidents. The Rule takes effect on...more
The Occupational Safety and Health Administration (“OSHA”) issued a July 11th news release stating that it was undertaking enforcement against BCP Ingredients Inc. (“BCPI”). BCPI is stated to operate a chemical plant in...more
The U.S. Environmental Protection Agency (EPA) has proposed to ban almost all uses of methylene chloride (also called dichloromethane), a widely-used solvent and processing aid. The chemical was manufactured or imported in...more
TSCA/FIFRA/TRI EPA - Announces Reinvoicing 2023 Annual Pesticide Registration Maintenance Fee To Meet Statutory Direction: On January 13, 2023, EPA announced it is notifying pesticide registrants that EPA will send...more
The United States Environmental Protection Agency (EPA) announced final revised risk determinations for two chemicals, perchloroethylene (perc) and trichloroethylene (TCE). After revisiting its prior risk determinations, EPA...more
The U.S. Environmental Protection Agency (EPA) announced on January 9, 2023, the availability of the final revision to the risk determination for trichloroethylene (TCE) risk evaluation issued under the Toxic Substances...more
The U.S. Environmental Protection Agency (EPA) announced on November 10, 2022, the availability of the final revision to the risk determination for the methylene chloride risk evaluation issued under the Toxic Substances...more
On July 5, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule amending the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) to align with...more
The U.S. Environmental Protection Agency (EPA) recently released draft revisions to the risk determinations for perchloroethylene (PCE) (87 Fed. Reg. 39085), N-methylpyrrolidone (NMP) (87 Fed. Reg. 39511), methylene chloride...more
EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA...more
The EPA has announced that it intends to reconsider Trump-Era assumptions on worker’s use of personal protective equipment (PPE) when conducting TSCA chemical safety evaluations. Under the Trump-Era policy, the EPA assumed...more
Manufacturers, suppliers, distributors, and importers have often struggled with communicating product hazards to downstream employees and users, due to complex hazard communication requirements in international standards, as...more
Earlier this month, the Occupational Safety and Health Administration (“OSHA”) announced proposed amendments to the Hazard Communication Standard (“HCS”) in 29 CFR 1910.1200. The last time OSHA amended the HCS was in 2012 to...more
The U.S. Environmental Protection Agency (EPA) announced on January 12, 2021, that it signed a memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA) “that advances collaboration and...more
TSCA/FIFRA/TRI - ABA SEER Article -- “The Essentials Of TSCA Practice”: We are pleased to announce that the ABA SEER published an article written by Lynn L. Bergeson and Eve C. Gartner entitled “The essentials of TSCA...more
Today, the CSB issued an interim factual update on its investigation of the November 27, 2019 explosion at TPC Group's Port Neches facility in Texas. The November 2019 explosion resulted in millions of dollars of estimated...more
TSCA/FIFRA/TRI - EPA States TSCA Section 21 Petition For Risk Management Rule Not Valid, Treats It As An APA Petition: In a letter dated July 28, 2020, the U.S. Environmental Protection Agency (EPA) acknowledged the receipt...more
TSCA/FIFRA/TRI - Lynn L. Bergeson, “Feeling The Pinch: Who Pays TSCA Risk Evaluation Fees?,” Financier Worldwide, September 2020: Ordinarily, government fees command little interest in corporate finance and board-level...more
The U.S. Chemical Safety and Hazard Investigation Board (CSB) adopted regulations on February 21, 2020, under the Clean Air Act requiring the reporting of certain accidental releases. Their purpose is to enable the CSB to...more
Deregulation was one of the primary promises of President Trump’s campaign, and in 2018, the administration continued to roll back environmental regulation. The recent shutdown of the federal government has slowed...more
TSCA/FIFRA/TRI - EPA Publishes First Draft TSCA Chemical Risk Evaluation: On November 15, 2018, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of and seeking...more
TSCA/FIFRA/TRI - EPA Issues Final TSCA Fees Rule: On October 17, 2018, EPA issued a final fees rule under TSCA. 83 Fed. Reg. 52694. The final rule largely tracks the proposed rule....more
With an open slot for the Trump administration to make an appointment, will the Chemical Safety Board (CSB) fall in line with the deregulatory agenda of other federal agencies or continue to recommend stricter rules? The...more
Companies with hazardous chemical reporting obligations know the significance of March 1. On that date each year, facilities that at any time during the prior year had 10,000 pounds or more of an OSHA hazardous chemical, or...more
Yesterday, EPA Administrator Gina McCarthy signed the agency’s final Facility Safety Rule. The rule, which contains some significant changes from the draft version, will be published in the Federal Register within the next...more