TSCA

News & Analysis as of

Wrap-Up of Federal and State Chemical Regulatory Developments (September 2014)

Health Activists' Petition Seeks Sunset Of CBI Claims: On August 21, 2014, six environmental health organizations filed a petition under Section 21 of the Toxic Substances Control Act (TSCA). The petition urges the U.S....more

Chance Of 2014 TSCA Reform Shrinking Fast

Stakeholders agree that the chances of legislative reform to the Toxic Substances Control Act (TSCA) are small -- and getting smaller as the days progress. Both Hill staff and industry trade representatives acknowledge that...more

EPA Releases Final Risk Assessments for Three TSCA Work Plan Chemicals

The U.S. Environmental Protection Agency (EPA) released on August 28, 2014, final risk assessments for three Toxic Substances Control Act (TSCA) Work Plan chemicals -- methylene chloride or dichloromethane (DCM), antimony...more

Coalition Petitions EPA To Change Rules On Confidential Business Information

On August 21, 2014, a coalition of environmental, health, and labor groups filed a 23-page petition with EPA requesting that the Agency "establish time limits for confidentiality claims for chemical information submitted by...more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2014

Limited Space Still Available For Sustainable Futures Training Workshop: There are still spaces available for the Sustainable Futures Training workshop scheduled for August 5-7, 2014, at the George Washington University...more

EPA Delays Potential Fracking Chemical Disclosure Mandates

On Friday, July 11, 2014 the U.S. Environmental Protection Agency (“USEPA”) extended the public comment period for its advanced notice of proposed rulemaking (“ANPR”) for hydraulic fracturing chemical disclosure rules. The...more

EPA To Hold Workshop On Trichloroethylene And Potential Safer Alternatives

The U.S. Environmental Protection Agency (EPA) has announced that, as part of its work to improve the safety of existing chemicals under the Toxic Substances Control Act (TSCA), the Agency will hold a public workshop to hear...more

EPA Promulgates SNURs for Two CNT Substances

On July 8, 2014, the U.S. Environmental Protection Agency (EPA) promulgated significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 13 chemical substances that were the subject of premanufacture...more

House Releases Discussion Draft of TSCA Reform Legislation

Reform of the Toxic Substances Control Act (TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27,...more

TSCA Reform: Democratic Minority Circulates Redline of April 22, 2014, CICA Discussion Draft

The Democratic Minority has circulated a redline version of the April 22, 2014, discussion draft of the Chemicals in Commerce Act (CICA2). A copy of the redline version of CICA2 is available online. The redline version is an...more

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...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2014

B&C® Creates TSCA Reform Online Hub: Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org....more

Guidance For Characterizing Oleochemicals For Assessment Purposes Released

The Organization for Economic Cooperation and Development (OECD) recently released its document "OECD Guidance for Characterising Oleochemical Substances for Assessment Purposes," which is available online. The document seeks...more

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...more

Monthly Update for March 2014

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

House Subcommittee Holds Hearing on Draft TSCA Reform Legislation

On March 12, 2014, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing focused on the discussion draft of the Chemicals in Commerce Act (CICA). On February 27, 2014, Representative John...more

EU Court Orders Disclosure of Proprietary Information on Chemical Substance; May Impact Disclosure Laws Abroad

The General Court of the European Union (EU) recently delivered a judgment requiring the disclosure of proprietary information related to a pesticide ingredient. The Court’s decision may affect companies that have previously...more

Envirnomental Regulatory Update: Environmental Progress & Sustainable Energy - Volume 32, Issue 3 - October 2013

Oil and Gas Update - Hydraulic Fracturing Regulations - Bureau of Land Management: On May 16, 2013, the U.S. Department of Interior’s Bureau of Land Management (BLM) released a Supplemental Notice of Proposed...more

Proposed Chemical Safety Improvement Act Seeks Modernization of Chemical Regulation

On May 22, 2013, a bipartisan group of U.S. Senators (including Sen. David Vitter (R-La.) and the recently deceased Sen. Frank Lautenberg (D-N.J.)) introduced the “Chemical Safety Improvement Act of 2013” (“CSIA”) in an...more

New Laws Increase Criminal Liability For Disclosure Of Trade Secrets: Are You Protected?

Two new criminal laws underscore the value of trade secrets as a critical asset to a corporation. These new laws, the Trade Secrets Clarification Act (TSCA) and the Foreign and Economic Espionage Penalty Enhancement Act...more

The "State" of the Shale Play in the United States: A Look Back on 2012 and What to Expect in 2013

During 2012, several states adopted new statutory and regulation programs addressing the exploitation of shale resources within their boundaries. Continuing a common election year theme, Congress took no significant formal...more

Little Ado About Very Much: EPA Reinterprets Its PCB Guidance

On Tuesday, EPA issued its “reinterpretation" of its understanding of what building wastes constitute “PCB bulk product waste” under TSCA regulations, as opposed to “PCB remediation waste." Previously, when PCBs migrated from...more

Is EPA Considering Allowing PCB Cleanups to Proceed Under RCRA, Rather Than TSCA? I'll Believe It When I See It (And I Hope I See...

One headline in today’s Daily Environment Report stated that “EPA Considers PCB Regulatory Reform Amid State Regulator Criticism of Program.” Even my advanced sarcasm skills failed me on reading this. I’ll therefore settle...more

Fracking Continues to be Target of Regulators and Environmental Groups

Even a cursory review of relevant news stories today reveals that hydraulic fracturing (“fracking”) is one of the most hotly debated subjects in the energy sector. Both environmentalists and regulators are keeping concerns...more

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