Wrap-Up of Federal and State Chemical Regulatory Developments, January 2020

Bergeson & Campbell, P.C.

Bergeson & Campbell, P.C.

Forecast For U.S. Federal And International Chemical Regulatory Policy 2020: Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2020. In this detailed and comprehensive document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and policy, and provide our best informed judgment as to the shape of key developments we are likely to see in the New Year. The full memorandum can be downloaded as a PDF here. B&C’s podcast All Things ChemicalTM has released a special episode in conjunction with the Forecast featuring Lynn L. Bergeson, Sheryl Lindros Dolan, Chris Bryant, and Dr. Richard Engler engaging in spirited discussion about what is in the pipeline for 2020. Search All Things Chemical on your favorite podcasting service, or stream the episode here to listen!

Environmental Law 2020, February 6-7, 2020, Washington, D.C., And Via Webinar: The American Law Institute Continuing Legal Education (ALI CLE) and Environmental Law Institute (ELI) will present the two-day Environmental Law 2020 course, covering the latest developments in natural resources, climate, chemical, and endangered species law, as well as what is to come from the Supreme Court and under the current Administration and Congress. B&C is a proud sponsor. Lynn L. Bergeson, Managing Partner, B&C, will present “Toxic Substances and Emerging Contaminants: Legal Issues and Latest Developments.”


EPA Extends Comment Period For Draft Risk Evaluation For NMP: The U.S. Environmental Protection Agency (EPA) announced on January 3, 2020, that it is extending the public comment period for the draft risk evaluation of N-methylpyrrolidone (NMP) to give stakeholders more time to review and comment on the draft document. 85 Fed. Reg. 310. Comments are now due January 21, 2020. EPA states that it will use feedback received from the public comment process, along with input from the Science Advisory Committee on Chemicals (SACC), to inform the final risk evaluation for NMP. If the final risk evaluation for NMP finds there are unreasonable risks under any of the specific conditions of use, EPA will propose actions to address those risks within the timeframe required by the Toxic Substances Control Act (TSCA). More information on the draft risk evaluation is available in our November 5, 2019, memorandum, “EPA Releases Draft Risk Evaluation for NMP, Schedules SACC Review for December.”

EPA Publishes Final List Of 20 High-Priority Chemicals: On December 30, 2019, EPA published the final list of high-priority chemicals. 84 Fed. Reg. 71924. These chemicals will be the next 20 chemicals to undergo risk evaluation under the amended TSCA. According to EPA, issuing the final list of high-priority chemicals for risk evaluation “represents the final step in the prioritization process outlined in TSCA and marks another major TSCA milestone for EPA in its efforts to ensure the safety of existing chemicals in the marketplace.” The 20 chemicals consist of seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive, and a polymer precursor:

Chemical Name Docket Number
p-Dichlorobenzene EPA-HQ-OPPT-2018-0446
1,2-Dichloroethane EPA-HQ-OPPT-2018-0427
trans-1,2-Dichloroethylene EPA-HQ-OPPT-2018-0465
o-Dichlorobenzene EPA-HQ-OPPT-2018-0444
1,1,2-Trichloroethane EPA-HQ-OPPT-2018-0421
1,2-Dichloropropane EPA-HQ-OPPT-2018-0428
1,1-Dichloroethane EPA-HQ-OPPT-2018-0426
Dibutyl phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2- dibutyl ester) EPA-HQ-OPPT-2018-0503
Butyl benzyl phthalate (BBP) (1,2-Benzenedicarboxylic acid, 1-butyl 2-(phenylmethyl) ester) EPA-HQ-OPPT-2018-0501
Di-ethylhexyl phthalate (DEHP) (1,2-Benzenedicarboxylic acid, 1,2-bis(2-ethylhexyl) ester) EPA-HQ-OPPT-2018-0433
Di-isobutyl phthalate (DIBP) (1,2-Benzenedicarboxylic acid, 1,2-bis-(2-methylpropyl) ester) EPA-HQ-OPPT-2018-0434
Dicyclohexyl phthalate EPA-HQ-OPPT-2018-0504
4,4'-(1-Methylethylidene)bis[2,6-dibromophenol] (TBBPA) EPA-HQ-OPPT-2018-0462
Tris(2-chloroethyl) phosphate (TCEP) EPA-HQ-OPPT-2018-0476
Phosphoric acid, triphenyl ester (TPP) EPA-HQ-OPPT-2018-0458
Ethylene dibromide EPA-HQ-OPPT-2018-0488
1,3-Butadiene EPA-HQ-OPPT-2018-0451
1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB) EPA-HQ-OPPT-2018-0430
Formaldehyde EPA-HQ-OPPT-2018-0438
Phthalic anhydride EPA-HQ-OPPT-2018-0459

The action was effective on December 20, 2019. More information is available in our memorandum.

EPA Releases Updated Version Of “Working Approach” Document For New Chemicals Review: On January 2, 2020. EPA published a Federal Register notice on its updated version of the “Working Approach” document that builds upon EPA’s November 2017 “New Chemicals Decision-Making Framework: Working Approach to Making Determinations under Section 5 of TSCA.” 85 Fed. Reg. 99. The updated document explains its approach for making one of the five affirmative determinations on new chemical notices under TSCA:

  1. The chemical or significant new use presents an unreasonable risk of injury to health or the environment;
  2. Available information is insufficient to allow EPA to make a reasoned evaluation of the health and environmental effects associated with the chemical or significant new use;
  3. In the absence of sufficient information, the chemical or significant new use may present an unreasonable risk of injury to health or the environment;
  4. The chemical is or will be produced in substantial quantities and either enters or may enter the environment in substantial quantities or there is or may be significant or substantial exposure to the chemical; or
  5. The chemical or significant new use is not likely to present an unreasonable risk of injury to health or the environment.

EPA notes that the updated document reflects feedback from a 2017 public meeting and comment period and EPA’s additional experience implementing the 2016 amendments to TSCA Section 5, and includes:

  1. Additional clarification and detail throughout;
  2. General guiding principles and concepts for making determinations;
  3. Decision-making logic and key questions that EPA must address; and
  4. Example applications of the Working Approach to reach each of the affirmative determinations under TSCA Section 5(a)(3).

EPA has posted a document summarizing public comments received on the 2017 document and its responses. More information is available in our December 20, 2019, memorandum, “EPA Releases Updated Version of ‘Working Approach’ Document for New Chemicals Review.” Comments are due February 18, 2020.

European Union To Ban Chlorpyrifos After January 31, 2020: On December 6, 2019, the European Union (EU) announced that it will no longer permit sales of chlorpyrifos after January 31, 2020. The Standing Committee on Plants, Animals, Food and Feed (PAFF Committee) voted in favor of two draft Implementing Regulations that denied the renewal of approvals for chlorpyrifos and chlorpyrifos-methyl. The European Commission (EC) is expected to adopt formally the regulations in January 2020. At that time, Member States will need to withdraw authorizations for products containing chlorpyrifos and chlorpyrifos-methyl as active substances and may implement a grace period, at a maximum of three months, for final storage, disposal, and use of the substances. More information is available in our blog.

New Joint Website On Agricultural Biotechnology Products Launched By EPA, USDA, And FDA: On January 9, 2020, EPA’s Office of Pesticide Programs (OPP) announced the launch of a new website created in coordination with the U.S. Department of Agriculture (USDA) and the U.S. Food and Drug Administration (FDA) that provides information about actions the federal government is taking to oversee the development of agricultural biotechnology products. This “one-stop-shop” website was created under the direction of Executive Order (EO) “Modernizing the Regulatory Framework for Agricultural Biotechnology Products.” More information can be found in our blog.

EPA Adjusts Civil Monetary Penalties To Reflect Inflation: EPA promulgated a final rule on January 13, 2020, to adjust the level of the maximum (and minimum) statutory civil monetary penalty amounts under the statutes it administers, including TSCA. 85 Fed. Reg. 1751. EPA states that this action is mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended through the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). The 2015 Act prescribes a formula for annually adjusting the statutory maximum (and minimum) amount of civil penalties to reflect inflation, maintain the deterrent effect of statutory civil penalties, and promote compliance with the law. EPA notes that the rule does not necessarily revise the penalty amounts that it chooses to seek pursuant to its civil penalty policies in a particular case. EPA’s civil penalty policies, which guide enforcement personnel on how to exercise EPA’s statutory penalty authorities, take into account a number of fact-specific considerations, e.g., the seriousness of the violation, the violator’s good faith efforts to comply, any economic benefit gained by the violator as a result of its noncompliance, and a violator’s ability to pay. The final rule was effective January 13, 2020.

EPA Issues Proposed Interim Registration Review Decisions To Require New Risk Mitigation Measures For Three Triazine Herbicides: On January 2, 2020, EPA announced the availability of a Proposed Interim Decision (PID) in the ongoing registration review process for each of the three registered triazine herbicides: atrazine, propazine, and simazine. 85 Fed. Reg. 93. EPA can utilize an “interim registration review decision” under 40 C.F.R. Section 155.56 whenever it is not yet ready to complete the registration review process, but EPA has nonetheless completed sufficient review to determine that new or interim risk mitigation measures are needed or that additional data or information should be submitted to complete the review. For each of the three triazine herbicides, EPA is proposing to impose specific risk mitigation measures for particular registered uses to mitigate potential health and environmental risks. For each triazine herbicide, EPA is not yet ready to make a final registration review decision because EPA has not made findings in the Endocrine Disruptor Screening Program (EDSP) or an effects determination under the Endangered Species Act (ESA). Several key factors that will affect the final registration review decision for each of the triazine herbicides are discussed in our blog. Comments are due March 2, 2020.

EPA Announces January 22, 2020, Webinar On Reducing Vertebrate Animal Testing: EPA announced on January 15, 2020, that it is partnering with People for the Ethical Treatment of Animals (PETA) and Physicians for Responsible Medicine (PCRM) to host public webinars on various topics related to reducing, refining, or replacing vertebrate animal testing. A webinar will be held on January 22, 2020, covering the use and application of the Collaborative Acute Toxicity Modeling Suite (CATMoS), a free resource for screening organic chemicals for acute oral toxicity. The webinar will offer a walk-through of how to use the modeling suite to generate acute oral toxicity predictions for chemicals of interest. EPA notes that it “does not necessarily endorse the views of the speakers.”


EPA Proposes Revisions To Miscellaneous Organic Chemical NESHAP: On December 17, 2019, EPA proposed revisions to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the miscellaneous organic chemical sector. 84 Fed. Reg 69182. The proposal is the culmination of EPA’s risk and technology review for the sector, which EPA is required to conduct under the Clean Air Act (CAA) every five years. EPA is proposing revisions to the standards for equipment leaks and heat exchange systems and also is proposing amendments to address ethylene oxide emissions from storage tanks, process vents, and equipment leaks. EPA is also proposing amendments to correct and clarify regulatory provisions related to emissions during periods of startup, shutdown, and malfunction (SSM), including removing general exemptions for periods of SSM, adding work practice standards for periods of SSM where appropriate, and clarifying regulatory provisions for certain vent control bypasses. EPA also proposes to add monitoring and operational requirements for flares that control ethylene oxide emissions and flares used to control emissions from processes that produce olefins and polyolefins, and add provisions for electronic reporting of performance test results and reports, performance evaluation reports, and compliance reports. If EPA promulgates the changes in final, it estimates that the revisions would reduce hazardous air pollutants (HAP) emissions from this source category by 116 tons per year (tpy) and would reduce ethylene oxide emissions from this source category by approximately 10 tpy. The comment period closes on January 31, 2020.

Department Of Energy Takes Action On Long-Term Storage And Management Of Elemental Mercury: In addition to banning the export of elemental mercury from the U.S. as of January 1, 2013, the Mercury Export Ban Act of 2008 (Public Law No. 110-414) (MEBA) required the Department of Energy (DOE) to establish a facility for the long-term management and storage of elemental mercury generated within the U.S. On December 3, 2019, DOE signed a Record of Decision (ROD) for the long-term management and storage of elemental mercury to address the federal government’s responsibility as required by Section 5 of the MEBA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Public Law 114-182). This ROD announces DOE’s decision to store up to 6,800 metric tons (7,480 tons) of elemental mercury in existing buildings at the Waste Control Specialists LLC (WCS) site near Andrews, Texas. The waste is generated by gold mining companies and other entities. After issuance of the ROD, DOE will award a contract to lease storage space and issue a Federal Register notice designating the facility as a DOE facility for long-term management and storage of elemental mercury. On December 23, 2019, DOE also promulgated a final rule on an elemental mercury storage fee. 84 Fed. Reg. 70402. The fee is $37,000 for 1 ton of elemental mercury delivered to the WCS site. Once the elemental mercury is delivered, the DOE takes custody of it and assumes liability from the generator. Because generators are not obligated to ship mercury to the WCS site, the transfer of liability is intended to be an incentive to make use of the facility, thereby ensuring what the government believes to be a high level of protection against environmental accidents involving mercury or other uses of the substances that may violate federal law or otherwise endanger people or the environment.


FDA Responds To Objections Regarding Color Additive: On December 19, 2019, FDA responded to objections raised by the Center for Food Safety regarding the final rule “Listing of Color Additives Exempt from Certification; Soy Leghemoglobin.” 84 Fed. Reg. 69620. FDA concluded that the objections do not warrant a hearing and lifted an administrative stay for the color additive regulation, which permits use of soy leghemoglobin as a color additive in ground beef analogue products.

FDA Releases Serving Size Guidance For Industry: On December 31, 2019, FDA announced the availability of a final guidance document titled “Food Labeling: Serving Sizes of Foods That Can Reasonably Be Consumed At One Eating Occasion, Reference Amounts Customarily Consumed, Serving Size-Related Issues, Dual-Column Labeling, and Miscellaneous Topics.” 84 Fed. Reg. 72230. The guidance, intended for conventional food and dietary supplement manufacturers, summarizes FDA’s final rules for Nutrition and Supplement Facts labels and includes FDA’s responses to various labeling questions, such as:

  • What is the definition of a single-serving container?
  • How do I determine the number of servings for my food product?
  • What are the requirements for mandatory dual-column labeling?

FDA is accepting comments for this final guidance at any time.

FDA Announces Data Strategy Meeting: On January 8, 2020, FDA announced that a public meeting titled “Modernizing FDA’s Data Strategy” will be held on March 27, 2020. 85 Fed. Reg. 924. Topics to be covered include standards and policy; data security, privacy, and management; and data strategies and data sharing. Questions to be addressed in the meeting include:

  • How can FDA design its data strategy to reflect a global marketplace and promote clarity to data providers like regulated industry and other stakeholders?
  • For stakeholders, including regulated industry, that submit data to FDA, how can FDA enhance the efficiency of the preparation and submission of data to FDA?

Interested parties should register by March 24, 2020, and written comments should be submitted to FDA by April 30, 2020. Please see the announcement for additional details.

FDA Announces Public Meeting Relating To Test Methods For Asbestos In Talc Products: On January 10, 2020, FDA announced that a public meeting titled “Testing Methods for Asbestos in Talc and Cosmetic Products Containing Talc” will be held on February 4, 2020. 85 Fed. Reg. 1317. In the meeting, members of FDA’s Interagency Working Group on Asbestos in Consumer Products (IWGACP) will present preliminary recommendations on testing methods, including criteria for fiber identification and counting. Interested parties should register by January 28, 2020, and written comments are due by January 17, 2020.


NIOSH Requests Information On ENMs To Evaluate In Developing OELs: The National Institute for Occupational Safety and Health (NIOSH) published a Federal Register notice on December 17, 2019, requesting information on toxicological and physicochemical data of engineered nanomaterials (ENM) to evaluate in developing categorical occupational exposure limits (OEL). 84 Fed. Reg. 68935. According to the notice, NIOSH intends to develop categorical OELs based on the available scientific evidence regarding the hazard or safety of ENMs. NIOSH seeks to obtain information, including published and unpublished reports and research findings, to evaluate the possible adverse health risks of occupational exposure to ENMs. Information is due February 18, 2020. More information is available in our December 16, 2019, blog item.

EFSA Calls For Abstracts For Colloquium On Micro- And Nanoplastics In Food: The European Food Safety Authority (EFSA) has announced a call for abstract submissions for oral presentations, posters, and poster pitches at its colloquium on “A coordinated approach to assess the human health risks of micro- and nanoplastics in food,” which will be held in Lisbon on June 8-9, 2020. EFSA states that “[m]icroplastics are small particles of plastic less than 5mm in size; nanoplastics are even smaller, ranging from 1 to 100 nanometres (N.B. 1 nanometre equals one-millionth of a millimetre).” In 2016, EFSA identified the need to generate more data on their occurrence levels in food and on their potential effects on human health following exposure. The deadline for submissions is January 31, 2020. More information is available in our blog item.

NNI Expands Podcast Offerings: On January 3, 2020, the National Nanotechnology Initiative (NNI) announced that it is expanding its podcast offerings in 2020. The three podcast series will consist of interviews between Dr. Lisa Friedersdorf, Director of the National Nanotechnology Coordination Office (NNCO), and various experts, and will explore nanotechnology from three different perspectives:

  1. Stories from the NNI, a series that began in 2019, features conversations with experts from the NNI community who share their perspective on advances that have been made and future prospects of nanotechnology;
  2. Nano Matters episodes will explore specific nanotechnology topics for a broad audience; and
  3. Nano Entrepreneurship Network episodes will highlight best practices, resources, and advice from nanotechnology entrepreneurs and those who support them.

Beginning January 6, 2020, NNI is releasing a new episode every Monday.


BRAG Biobased Products News And Policy Report: B&C consulting affiliate, B&C® Consortia Management, L.L.C. (BCCM), manages the Biobased and Renewable Products Advocacy Group (BRAG®). For access to a weekly summary of key legislative, regulatory, and business developments in biobased chemicals, biofuels, and industrial biotechnology, go to http://www.braginfo.org.


House And Senate Pass EPA Fiscal Year 2020 Appropriations: On December 16, 2019, lawmakers in both houses approved Fiscal Year (FY) 2020 appropriations bills, averting a lapse in federal government spending and a shutdown of the federal government. The House and Senate passed two “mini-bus” appropriations bills. Under the bills, EPA got a boost of over $200 million in funding. In total, lawmakers voted to give EPA about $9 billion for its FY 2020 operations. This level far exceeds the budget proposed by President Trump.

Senate Bill Would Remove Fracking Exemption Under Safe Drinking Water Act: On December 17, 2019, Senator Robert Casey (D-PA) introduced a measure that would remove the exemption under the Safe Drinking Water Act (SDWA) for notifications related to fracking operations. The Fracturing Responsibility and Awareness of Chemicals Act of 2019 (FRAC Act; S. 3062) would require persons conducting hydraulic fracturing (fracking) operations to disclose to the state or EPA the chemicals intended to be used in the underground injection operation. Such notification is not now required. The bill specifically would amend Section 1421(b) of the SDWA to require the disclosure of chemicals used, thereby closing the so-called “Halliburton Exemption” under the law.

Clean Water Standards For PFAS Bill Introduced In House: On January 3, 2020, Representative Chris Pappas (D-NH) introduced the Clean Water Standards for PFAS Act of 2020 (H.R. 5539). The bill would require EPA to review and promulgate effluent standards, pretreatment standards, and water quality criteria for per- and polyfluoroalkyl substances (PFAS) under the Clean Water Act (CWA). The bill would give EPA four years to promulgate the standards.

PFAS Disposal Act Introduced In House: On January 7, 2020, Representative Andy Levin (D-MI) introduced the PFAS Safe Disposal Act (H.R. 5550). The bill would require EPA to create standards for the incineration of PFAS chemicals to prevent PFAS emissions. The bill would require EPA to promulgate emission standards under the CAA. Congressman Levin is a member of the bipartisan Congressional PFAS Task Force.

House Bill Would Limit Transportation By Rail Of Certain Crude Oil: On January 9, 2020, Congressman John Garamendi (D-CA) introduced a bill that would ban the transport by rail of crude oil with a Ried vapor pressure of more than 9.5 pounds per square inch. The bill (H.R. 5553) is intended to address safety concerns with the rail transportation of crude oil that is highly flammable. The bill was referred to the Committee on Transportation and Infrastructure.

House Passes Broad PFAS Legislation: On January 10, 2020, by a vote of 247-159, the House of Representatives passed the PFAS Action Act of 2020 (H.R. 535). Twenty-four Republicans voted for the bill; one Democrat voted against it. The bill contains a broad array of provisions related to the regulation of PFAS chemicals. As originally introduced by Representative Debbie Dingell (D-MI), the bill would have required EPA to declare PFAS as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). During the Committee deliberation process, however, lawmakers cobbled portions of 11 other pieces of legislation into the bill. The bill would:

  1. Require EPA to designate PFAS as a hazardous substance within one year;
  2. Require comprehensive toxicity testing under TSCA Section 4 of perfluoroalkyl and polyfluoroalkyl substances;
  3. Require the submission of manufacturing and processing notices for perfluoroalkyl and polyfluoroalkyl substances;
  4. Require EPA to promulgate national primary drinking water regulations for PFAS under the SDWA;
  5. Add PFAS to the Toxics Release Inventory (TRI):
  6. Initiate a PFAS data call under TSCA Section 8(a);
  7. Require EPA to promulgate a TSCA Significant New Use Rule (SNUR) for long-chain PFAS;
  8. Call for EPA to establish PFAS destruction and disposal guidance;
  9. Require EPA to list perfluoroalkyl and polyfluoroalkyl substances as HAPs under the CAA; and
  10. Prohibit the incineration of PFAS waste.

The bill has little chance of action in the Senate. The White House has issued a Statement of Administration Policy vowing to veto the legislation if, by some miracle, it did pass the Senate.

Senate Committee Passes USMCA Legislation: The Senate Environment and Public Works (EPW) Committee on January 14, 2020, passed legislation that would implement the U.S.-Canada-Mexico Agreement (USMCA), the replacement to the North American Free Trade Agreement (NAFTA). Senators passed H.R. 5430, United States-Mexico-Canada Agreement Implementation Act, by a vote of 16-4. Under the rules for the bill, no amendments could be offered, as the Senate majority has tagged the bill for fast-track consideration. The EPW Committee is one of six Senate Committees that must approve the bill before it moves to the Senate for a full vote.

House Subcommittee Holds Hearing On Bill To Phase Down HFCs: The House Energy and Commerce Subcommittee on Environment and Climate Change on January 14, 2019, held a hearing entitled “Promoting American Innovation and Jobs: Legislation to Phase Down Hydrofluorocarbons (HFCs).” The hearing focused on H.R. 5544, the American Innovation and Manufacturing Leadership Act of 2020. The bill would phase down the production and consumption of HFCs over 15 years, limiting the production and consumption of regulated HFCs to 15 percent of baseline levels beginning in 2036. The legislation would phase down HFCs with a system of tradable allowances. It would not, however, amend the CAA. Instead, it would authorize EPA to implement new rules reducing use of HFCs. The legislation also would require EPA to publish a list of HFCs that are subject to regulation under the legislation. Persons who produce, import, export, reclaim, destroy, use and entirely consume (except for trace quantities) in the manufacture of other chemicals, or use as a process agent a regulated substance would be required to report such action to EPA, including specified data relevant to establishing the baseline for the phase down of production and consumption of regulated substances. EPA must promulgate regulations to implement this requirement within 270 days of enactment. The bill would call on EPA to establish the formulas for calculating the baselines for the phase down of the production and consumption of regulated substances, based principally on production and consumption of regulated substances in 2011, 2012, and 2013. EPA is to promulgate regulations establishing an allowance allocation and trading program to phase down production and consumption of regulated substances. The bill further requires EPA to establish annually a quantity of production allowances and consumption allowances that do not exceed specified percentages of the production and consumption baselines, respectively. EPA would be required to allocate production allowances and consumption allowances annually or for multiple years at a time. Beginning on January 1 of the year following promulgation of the regulations required by this subsection, the legislation would make it unlawful for any person to engage in the production or consumption of HFCs without a corresponding allowance that authorizes such production or consumption. Essential use exceptions to the phase down would be allowed beginning in 2034, when production and consumption will be limited to 20 percent of respective baseline levels. Limited additional allowances in excess of the phase down limits may be allocated for up to five years if EPA finds that such excess allowances are exclusively for an application for which there is no substitute available and the available supply of the requisite regulated substance is insufficient. EPA can issue additional production allowances to produce, at a domestic facility, additional regulated substances solely for export and use in a foreign country. The legislation prohibits, beginning on January 1, 2033, any person from exporting a regulated substance to a foreign country not identified by EPA as having implemented a phase down of HFCs akin to this legislation. EPA also would be required to promulgate regulations within 24 months of enactment to maximize reclaiming of regulated substances, minimize releases of regulated substances from equipment, and ensure safety of technicians and consumers. Testifying before the Committee were:

  • Cynthia Newberg, Director, Stratospheric Protection Division, Office of Atmospheric Programs, EPA, Office of Air and Radiation;
  • Gary Bedard, President and Chief Operating Officer, Lennox International, Inc., on behalf of the Alliance for Responsible Atmospheric Policy;
  • David Doniger, Senior Strategic Director, Natural Resources Defense Council;
  • John Galyen, President, Danfoss North America, on behalf of the Air-Conditioning, Heating, and Refrigeration Institute; and
  • Ben Lieberman, Senior Fellow, Competitive Enterprise Institute.

Member statements, witness testimonies, and an archived webcast of the hearing are available online.


White House Proposes Sweeping Revisions To NEPA: Stating that he is “taking another historic step in our campaign to slash job-killing regulations and improve the quality of life for all of our citizens,” President Trump on January 9, 2020, proposed sweeping revisions to the National Environmental Protection Act (NEPA). The changes would be the most significant revisions to NEPA in some 40 years. NEPA requires federal agencies to assess the environmental impacts of proposed major federal actions, including the issuance of federal permits and other approvals, as well as when providing federal funding. The goal of NEPA is to ensure well-informed decision-making. But critics argue that the process can be unnecessarily complex, burdensome, and protracted. A lengthy process can delay or even derail important projects to modernize our nation’s infrastructure, manage our federal lands and waters, and restore our environment. The Council on Environmental Quality (CEQ) has found that the average time for federal agencies to complete Environmental Impact Statements is four and half years. Further, for highway projects, it takes over seven years on average, and many projects have taken a decade or more to complete the environmental review process. The proposed rule seeks to update the environmental review process. It would establish a presumptive two-year time limit for Environmental Impact Statements; require federal agencies to request information from applicants and the public earlier in the process; increase coordination by agencies to reduce delays; avoid duplication by facilitating use of documents required by other statutes or prepared by state, tribal, or local agencies; and ensure that the regulations reflect current, modern technologies. The proposal would reform the process of gathering information on environmental effects, but would not change any substantive environmental law or regulation, such as the CAA the CWA, and the ESA. The proposal should be published in the Federal Register shortly.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bergeson & Campbell, P.C. | Attorney Advertising

Written by:

Bergeson & Campbell, P.C.

Bergeson & Campbell, P.C. on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.