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On June 29, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), discussing the use of chemical consent orders to speed up the new chemical review process. Directly issuing orders would not resolve all the delays new chemical manufacturers experience, said Richard Engler, director of chemistry for Bergeson & Campbell, PC. The EPA’s new chemicals office already has negotiated nearly 200 consent orders for new...

This conference marked the sixth annual Toxic Substances Control Act Annual Conference. Leading panelists reflected on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today. ELI, Bergeson & Campbell, P.C., the George Washington University Milken Institute School of Public Health, leading experts, and distinguished keynote speakers presented a robust...

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), reinstating the Superfund excise tax on certain chemical substances under Sections 4661 and 4671 of the Internal Revenue Code (Tax Code). Effective July 1, 2022, the tax many were glad to see expire is back; the first deposit of the tax is due on July 29, 2022. This article discusses the tax and the challenges it poses....

The U.S. Environmental Protection Agency (EPA) announced on June 24, 2022, that it is “conducting a broad outreach effort to describe and discuss with stakeholders how the Agency evaluates data provided for new chemicals submissions and common issues that cause EPA to have to reconduct risk assessments (‘rework’) for these submissions.” According to EPA, its goal is to reduce rework of initial risk assessments for new chemicals submissions that is caused by submitters...

On June 22, 2022, the sixth anniversary of the enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), the Senate Committee on Environment and Public Works held a hearing on “Toxic Substances Control Act Amendments Implementation.” The Committee’s only witness was Michal Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), U.S. Environmental Protection Agency (EPA). Freedhoff’s written testimony...

Download transcript. This week, I sat down with Jake Li, Deputy Assistant Administrator for Pesticide Programs, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA), and my colleague, Jim Aidala, Senior Government Affairs Consultant here at B&C. My guests have much in common — they both have served (or in Jake’s case is serving) in senior policy positions in this space at EPA, and they both have a keen understanding of the legal,...

By any standard, federal enforcement of environmental laws in the US has been uneven, to say the least. The prevailing perception is that democrats are ‘greener’ than are republicans when it comes to environmental enforcement. The data is quite scattered, however, and it would seem no party has cornered the environmental protection market. The Trump administration may be the exception that proves the rule. Most would agree civil and criminal enforcement case numbers were significantly...

Download Transcript This week, I sat down with Lisa R. Burchi, Of Counsel, Bergeson & Campbell, P.C., and resident expert on Proposition 65 (Prop 65), among many other chemical laws. Few state laws are more notorious, or controversial, as this 1986 California law that revolutionized the concept of a consumer’s or worker’s “right to know” whether a product or work space might present exposures to chemicals considered carcinogens or reproductive toxins. Fast forward 36 years, and...

The U.S. Environmental Protection Agency’s (EPA) Office of Resource Conservation and Recovery (ORCR) published a request for information (RFI) on June 9, 2022, seeking information on the end-of-life management of batteries, including their generation, collection, recycling, and reuse, as well as the current labeling standards and requirements for batteries regarding their end-of-life. 87 Fed. Reg. 35202. According to the RFI, EPA is developing best practices with respect to the collection...

The U.S. Environmental Protection Agency (EPA) announced on June 6, 2022, that it issued the first in a series of Toxic Substances Control Act (TSCA) test orders to require companies to conduct and submit testing on per- and polyfluoroalkyl substances (PFAS). EPA issued the order as part of its PFAS Strategic Roadmap. When EPA announced the Strategic Roadmap to confront PFAS contamination nationwide, it also released the National PFAS Testing Strategy to help identify...

On May 31, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a recent proposed Toxic Substances Control Act (TSCA) risk management rule that provides insights into the potentially limited extent to which the U.S. Environmental Protection Agency (EPA) will defer to other agencies, despite concern from industry that this could lead to duplicative requirements. Richard Engler, director of chemistry at law...

Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform – Six Years Later.” This complimentary virtual conference marks the sixth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive...

On May 26, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a lawsuit filed by a coalition of companies making a solvent that the U.S. Environmental Protection Agency’s (EPA) is examining for possible regulation. The coalition is asking a federal court to overturn an agency order seeking data to understand whether the chemical could harm wildlife.  Lynn L. Bergeson, managing partner of Bergeson and Campbell PC, which...

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Senior Regulatory Consultant at B&C and our consulting affiliate, The Acta Group. Karin is an internationally recognized expert on hazard communication, risk assessment, the regulation of food contact materials, and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Karin’s expertise in hazard communication and GHS was recently recognized as Karin was elected to the Board of...

On May 20, 2022,  Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency’s (EPA) proposal to ban all ongoing uses of chrysotile asbestos, including a two-year deadline for the chlor-alkali industry to stop using asbestos diaphragms in the production of chlorine. The 12 April proposal – the first issued under the amended TSCA in response to a completed...

The House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on May 17, 2022, on the fiscal year (FY) 2023 budget for the U.S. Environmental Protection Agency (EPA), and the Senate Appropriations Subcommittee on Interior, Environment, and Related Agencies held a separate hearing on May 18, 2022. EPA Administrator Michael S. Regan was the only witness at each hearing. The hearings included questions about EPA’s implementation of the...

In February 2022, France and the United States announced their commitment to protect our shared environment for future generations against the harm resulting plastic pollution.Both nations stated their united recognition of the transboundary impacts of plastic pollution and the importance of mitigating plastic waste at its source. On March 2, 2022, as reported by the 5th UN Environment Assembly (UNAE-5.2) in Nairobi, both France and the United States, along with 173 other...

On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58, 135 Stat. 429. Section 80201 of the IIJA reinstates the Superfund excise tax on certain chemical substances under Sections 4661 and 4671 of the Internal Revenue Code (Tax Code), effective July 1, 2022. Section 80201(c)(1) of the IIJA modified the method for determining whether a substance is a taxable substance by lowering the required...

As reported in our May 17, 2022, memorandum, on May 12, 2022, the U.S. Environmental Protection Agency (EPA) proposed new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or otherwise obtained by EPA under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 29078. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments to TSCA in 2016 included many new...

A circular economy requires new thinking about what products we make, from which materials we make them, and where products go at the end of their useful life. An important but often overlooked aspect of new product development is an understanding of the consequences of the product’s chemical composition and the end-of-life implications of the decisions made at the front end of the process. Working within this framework plays a critical role in building a...