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On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...
The U.S. Consumer Product Safety Commission (CPSC) published a request for information (RFI) on per- and polyfluoroalkyl substances (PFAS) used in commerce or potentially used in consumer products, potential exposures associated with the use of PFAS in consumer products, and potential human health effects associated with exposures to PFAS from their use in consumer products. 88 Fed. Reg. 64890. CPSC also announced the availability of a contractor report with a focus on PFAS that are...
Bergeson & Campbell, P.C. (B&C®) is pleased to present “It’s Not as Easy as It May Appear: Bringing Sustainable Chemistry to Market in the U.S.” More details will be announced soon....
August 2, 2023
Environmental Regulation in Practice 2023: New Challenges and Priorities, August 2, 2023, via webinar
The Practising Law Institute presents Environmental Regulation in Practice 2023, analyzing current regulations including proposed amendments and judicial challenges concerning toxic chemicals, e-commerce, and public project developments, among other critical developments. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present. ...
August 1, 2023
Product Stewardship Practices for Effective Supply Chain Interaction, August 1, 2023 via webinar
This webinar explored current and proposed international regulations and restrictions in developed and emerging legislation and provided examples informing and proactively promoting product stewardship practices and regulatory compliance in supply chains. Watch now. Topics Covered: Speakers Include: Catherine M. Croke, DBA, Director of Product Stewardship and Regulatory Affairs, Bergeson & Campbell, P.C. (B&C®), is a highly experienced professional with more than three...
Chemical Watch presents “TSCA Fundamentals,” a two day course providing in-depth training on the very latest TSCA regulatory and policy developments, their impact and how to anticipate their requirements, comply with the law and remain commercially competitive. Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) and Catherine M Croke, DBA, Director of Product Stewardship and Regulatory Affairs, B&C, will present. ...
On June 22, 2023, the U.S. Environmental Protection Agency (EPA) published proposed significant new use rules (SNUR) for three flame retardants, tris(2-chloroethyl) phosphate (TCEP), 4,4′-(1-methylethylidene)bis[2,6-dibromophenol], also known as “tetrabromobisphenol A” (TBBPA), and triphenyl phosphate (TPP), which are all undergoing risk evaluations under the Toxic Substances Control Act. 88 Fed. Reg. 40728. EPA states that the proposed significant new uses are manufacture (including...
July 3, 2023
Lynn L. Bergeson, “Expanding PFAS liability in the US,” Financier Worldwide, July 2023.
Few words inspire the panic that ‘polyfluoroalkyl substance (PFAS)’ does. Companies producing, processing, distributing and using (whether knowingly or not) these substances must be aware of expanding legal liability and take steps now to minimise risk. This article outlines key US per- and PFAS developments, the legal and commercial implications of these developments, and measures stakeholders should consider taking to limit liability....
Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act (the Act), received Royal Assent on June 13, 2023. According to Environment and Climate Change Canada’s (ECCC) Backgrounder, the Act modernizes the Canadian Environmental Protection Act, 1999 (CEPA) and represents the first set of comprehensive amendments to CEPA since it was enacted over 20 years ago. It also makes related amendments to the Food and Drugs Act. The Act was initially introduced in the...
On 20 April the US EPA announced a proposed rule under section 6(a) of the Toxic Substances Control Act (TSCA) that would prohibit most uses of methylene chloride and require a workplace chemical protection program (WCPP) for non-prohibited uses. This article will outline the key elements of the EPA’s proposal and discuss the likely impact on industry. This article also looks at what this portends for the agency’s future rulemaking activities on chemical substances...