On April 6, 2022, the U.S. Environmental Protection Agency (EPA) held a webinar on “New Chemical Risk Management Actions under TSCA.” The slides include an embedded voiceover recording of the webinar. As reported in our January 24, 2022, blog item, in January 2022, EPA announced an effort to streamline the review of new biobased or waste-derived chemicals that could displace current, higher greenhouse gas (GHG)-emitting transportation fuels. EPA states that to support this...
On April 5, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) recent policy interpretation on the fluorination of high-density polyethylene (HDPE) containers. [I]n some respects, there has been little surprise at the agency’s view that the generation of certain PFASs during the fluorination of polyolefins – including polyethylene – is an...
The Office of Science and Technology Policy (OSTP) published on April 4, 2022, a request for information (RFI) from interested parties on federal programs and activities in support of sustainable chemistry. 87 Fed. Reg. 19539. OSTP notes that “[t]he term “sustainable chemistry” does not have a consensus definition and most uses of the term indicate that it is synonymous with “green chemistry.”” OSTP requests information on the preferred definition for sustainable chemistry. OSTP...
April 4, 2022
Lynn L. Bergeson Quoted in Bloomberg Law Article “White House to Define ‘Sustainable Chemistry’ as EU Demands It”
On April 1, 2022, an article written by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was referenced by Bloomberg Law regarding the White House's efforts to define "sustinable chemistry." The quoted article, "Don’t Ignore Game-Changing EU Environmental Initiatives," discusses noteworthy European Union (EU) chemical regulatory and policy initiatives that are expected to impact U.S. chemical stakeholders. The White...
Wednesday, May 18, 202212:00 p.m. - 1:00 p.m. (EDT)Register Today 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...
On March 31, 2022, Chemical Watch reported on a letter written by the TSCA New Chemicals Coalition (NCC) calling on the U.S. Environmental Protection Agency (EPA) to suspend its plans to revoke a decades-old policy allowing companies to request corrections to the TSCA inventory. The TSCA New Chemicals Coalition – an ad hoc group represented by the law firm Bergeson & Campbell – said scrapping the process could give rise to a host...
March 28, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Chemical Makers Ask EPA to Fix, Not Drop, Corrections Policy”
On March 25, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified. If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it...
Wednesday, April 20, 202212:00 p.m. - 1:00 p.m. (EDT)Register Today Register now to join Bergeson & Campbell, P.C. (B&C®) for “FIFRA Hot Topics,” a complimentary webinar covering key Office of Pesticide Programs (OPP) priorities and what companies should know to avoid market delays. Speakers include: Lisa M. Campbell, Partner, B&C, moderatorEdward Messina, Director, U.S. Environmental Protection Agency (EPA) OPPJames V. Aidala, Senior Government...
The U.S. Department of Transportation’s (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) announced on March 22, 2022, an initiative to convert historical letters of interpretation (LOI) applicable to the Hazardous Materials Regulations (HMR) that have been issued to specific stakeholders into broadly applicable frequently asked questions (FAQ) on its website. 87 Fed. Reg. 16308. PHMSA states that by creating a FAQ repository, it seeks to eliminate the need for recurring...
March 18, 2022
House Committee Holds Hearing on Bioenergy RD&D for the Fuels and Chemicals of Tomorrow
On March 16, 2022, the House Science, Space, and Technology Subcommittee on Energy held a hearing on “Bioenergy Research and Development for the Fuels and Chemicals of Tomorrow.” According to the hearing charter, the purpose of the hearing was to examine the status of bioenergy research, development, and demonstration (RD&D) activities carried out by the U.S. Department of Energy (DOE). The hearing also considered advancements in bioenergy research and the potential role of this...
March 17, 2022
Karin F. Baron, MSPH, Elected to the Society for Chemical Hazard Communication Board of Directors
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Karin F. Baron, MSPH, has been elected to the Board of Directors of the Society for Chemical Hazard Communication. Ms. Baron, a Senior Regulatory Consultant with B&C and Acta, will serve a two-year term. Ms. Baron has participated as an active member of SCHC for the past 20 years; she is the immediate past Chair of the Professional Development Committee. We are especially pleased that Ms....
March 17, 2022
EPA Actions to Address PFAS in Commerce Include TSCA Compliance Notification Letter on PFAS in HDPE Containers
On March 16, 2022, the U.S. Environmental Protection Agency (EPA) announced two actions intended to safeguard communities from products containing per- and polyfluoroalkyl substances (PFAS). First, as part of EPA’s efforts to identify, understand, and address PFAS contamination leaching from fluorinated containers, EPA states that it is notifying companies of their obligation to comply with existing requirements under the Toxic Substances Control Act (TSCA) to ensure unintentional...
March 15, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “Stakeholders clash over chlor-alkali restrictions under imminent TSCA asbestos rule”
On March 14, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding conflicting visions for the upcoming asbestos Toxic Substances Control Act (TSCA) risk management rule. Lynn Bergeson, managing partner at law firm Bergeson & Campbell, told Chemical Watch the EPA must look at the availability of "technically and economically feasible alternatives that benefit health or the environment"...
March 15, 2022
B&C Quoted in Chemical Watch Article “Plan to exclude PPE from TSCA risk evaluations sparks industry outcry”
On March 14, 2022, Bergeson & Campbell, P.C. (B&C®) was quoted by Chemical Watch on the U.S. Environmental Protection Agency's (EPA) decision to no longer consider personal protective equipment (PPE) use in Toxic Substances Control Act (TSCA) risk evaluations. Law firm Bergeson & Campbell said assuming PPE will not be used, including in cases where required by the Occupational Safety and Health Administration (Osha), "is not based on reasonably...
March 14, 2022
EPA Posts Draft Document on “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA”
As reported in our February 25, 2022, blog item, the U.S. Environmental Protection Agency (EPA) announced on February 25, 2022, the proposed Toxic Substances Control Act (TSCA) New Chemicals Collaborative Research Program. 87 Fed. Reg. 10784. On March 10, 2022, EPA posted the draft document entitled “Modernizing the Process and Bringing Innovative Science to Evaluate New Chemicals Under TSCA.” The Office of Chemical Safety and Pollution Prevention (OCSPP) proposes to...
March 8, 2022
EPA Publishes Final Scope of D4 Risk Evaluation, Seeks Comment on Draft Revision to PV29 Risk Determination
On March 7, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of the final scope of the risk evaluation to be conducted for octamethylcyclotetra-siloxane (D4), a chemical substance for which EPA received a manufacturer request for risk evaluation under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 12696. The scope document includes the conditions of use (COU), hazards, exposures, and the potentially exposed or susceptible subpopulations (PESS)...
The U.S. Environmental Protection Agency (EPA) announced on March 4, 2022, that EPA Administrator Michael S. Regan signed a final rule on March 3, 2022, that will amend the regulations applicable to phenol, isopropylated phosphate (3:1) (PIP (3:1)) promulgated under the Toxic Substances Control Act (TSCA). EPA states that it is extending the compliance date applicable to the prohibition on processing and distribution in commerce of certain PIP (3:1)-containing articles, and the PIP (3:1) used to...
March 2, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA to scrap TSCA inventory corrections process”
On March 1, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch responding to the U.S. Environmental Protection Agency's (EPA) announcement that it will no longer allow companies to request corrections to the Toxic Substances Control Act (TSCA) inventory and instead require them to submit a pre-manufacture notice (PMN) for improperly identified substances. The decision "is entirely unprincipled and...