All Knowledge & Insights By Date

On April 12, 2023, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding a federal lawsuite filed by a Mississippi community group against the U.S. Environmental Protection Agency (EPA), alleging the agency improperly approved the manufacture of a plastic-derived biofuel that "would result" in a high cancer risk to exposed residents.  Rich Engler, director of chemistry with Bergeson & Campbell, said the EPA frequently...

Download transcript. This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. Karin and I discuss the newly enacted Modernization of Cosmetics Regulation Act of 2022, better known as MoCRA. The U.S. Food and Drug Administration has been the subject of criticism for years over what some regard as inadequate regulation of cosmetics and the facilities where they are...

The U.S. Environmental Protection Agency (EPA) published an advance notice of proposed rulemaking (ANPRM) on April 13, 2023, seeking information to assist in the consideration of potential development of future regulations pertaining to per- and polyfluoroalkyl substances (PFAS) under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 88 Fed. Reg. 22399. EPA states that it seeks input and data regarding potential future hazardous substance designation under...

In a somewhat unexpected move, Congress enacted the Modernization of Cosmetics Regulation Act of 2022 (MoCRA) on December 29, 2022, as part of the Omnibus Appropriations Act. MoCRA significantly strengthens the U.S. Food and Drug Administration’s (FDA) authority over cosmetic products. Key provisions are summarized in this article.

On April 11, 2023, Chemical Processing quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding the U.S. Environmental Protection Agency’s (EPA) proposed rule to cut toxic emissions by 6,000 tons per year. The EPA estimated that chemical producers would incur about $501 million in total capital costs and approximately $190 million in total annualized costs to comply with updates to National Emissions Standards for Hazardous Air Pollutants, which the...

On March 30, 2023, the U.S. Environmental Protection Agency’s (EPA) New Chemicals Program (NCP) held the second of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal oxides (MMO), including new and modified cathode active materials (CAM). Under the Toxic Substances Control Act (TSCA), EPA reviews new chemical substances before they enter the marketplace to ensure they do not present unreasonable risk to...

On April 4, 2023, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) process for reviewing new chemicals. Chemical manufacturers should anticipate the EPA’s reviews of new chemicals to take a year or more, not the 90-180 days mandated by the law, said Richard Engler, director of chemistry at Bergeson & Campbell, P.C. Yet “the agency is improving,” he said. TSCA...

On March 29, 2023, the Internal Revenue Service (IRS) published a notice of proposed rulemaking (NPRM) relating to the Superfund excise taxes imposed on certain chemicals and certain imported substances, effective July 1, 2022. 88 Fed. Reg. 18446. There are two separate Superfund chemical excise taxes: a tax on the sale or use of “taxable chemicals” and a tax on the sale or use of imported “taxable substances.” The NPRM contains proposed regulations under Sections 4661, 4662, 4671,...

Download transcript. The train derailment in East Palestine, Ohio, has inspired a lot of conversation involving a wide range of topics, including emergency response measures, rail transport of chemicals, and most pertinent to this conversation, communicating chemical risk information to the public. Several of my colleagues here at Bergeson & Campbell have worked at the U.S. Environmental Protection Agency (EPA) in varying capacities and other federal agencies charged with regulating...

On March 28, 2023, the House Appropriations Subcommittee for Interior, Environment, and Related Agencies held a hearing on the fiscal year (FY) 2024 budget request for the U.S. Environmental Protection Agency (EPA). EPA Administrator Michael Regan was the Committee’s only witness. As reported in our March 14, 2023, blog item, according to EPA’s March 9, 2023, press release, President Biden’s budget requests over $12 billion in discretionary budget authority for EPA in...