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On September 14, 2021, the United Nations (UN) published an electronic version of the ninth revised edition (Rev 9) of the Globally Harmonized System of Classification and Labeling of Chemicals (GHS) available for free for consultation purposes. The amendments to the eighth revision of the GHS (Rev 8) include extensive revision of Chapter 2.1 (explosives) to address explosion hazard determination better when explosives are not in transit; the revision of decision logic; the revision of...

On October 7, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch in the article “TSCA new chemicals review process has ground to a halt, say industry groups.” The TSCA new chemicals review process has "slowed dramatically" over the past year, according to trade groups and industry attorneys, a development they say poses a threat to innovation and the introduction of sustainable chemicals. […] "The...

On October 7, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch in the article “TSCA new chemicals review process has ground to a halt, say industry groups.” The TSCA new chemicals review process has "slowed dramatically" over the past year, according to trade groups and industry attorneys, a development they say poses a threat to innovation and the introduction of sustainable chemicals. […] "The...

Bergeson & Campbell, P.C.’s (B&C®) All Things Chemical® podcast is celebrating three years of great conversations by offering listeners a chance to win audio-technica headphones, a wireless charging pad from Anker, books authored by us, and regulatory training courses. Help us celebrate this milestone by sending your dream guest or topic choices to podcast@lawbc.com, with the subject line “All Things Chemical,” and we may use them for future episodes! Submit your...

The United Kingdom (UK) Department for Environment, Food & Rural Affairs (DEFRA) has published a UK REACH: Grandfathered Registrations Notified Substances List. According to an item in the Health and Safety Executive’s (HSE) October 1, 2021, UK REACH eBulletin, the list contains the names and Chemical Abstracts Service (CAS)/European Community (EC) numbers for substances taken from notifications made under UK REACH Article 127B(4)(a). Article 127B(4)(a) required registrants of a...

On 13 July 2021, Maine became the first state in the US to enact extended producer responsibility (EPR) legislation for packaging. Quickly thereafter, on 6 August, Oregon became the second state to enact a similar EPR law applicable to packaging. Other states are poised to enact similar legislation, following trends more mature in the European Union (EU) and elsewhere around the world.

Download Transcript This week I sat down with my new colleague, Dennis R. Deziel, B&C’s and our consulting affiliate’s, The Acta Group, Senior Government Affairs Advisor, to discuss Toxic Substances Control Act (TSCA) reform. Dennis served as Director of Federal Government Affairs for the Dow Chemical Company when the TSCA amendments were considered and eventually enacted by Congress in 2016. After leaving Dow, Dennis served as EPA Region 1 Administrator (New England). I thought it...

On September 30, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding Richard Denison’s announcement that he is retiring from the  Environmental Defense Fund (EDF) after nearly 35 years. Lynn Bergeson, managing director at Bergeson & Campbell, expressed her appreciation for Dr Denison’s career. "He has made invaluable contributions to the law, science, and policy of TSCA, on which we may on...

The Occupational Safety and Health Administration (OSHA) concluded last week a three-day informal public hearing on its February 16, 2021, notice of proposed rulemaking (NPRM) to amend the Hazard Communication Standard (HCS). The NPRM was open for comment until May 19, 2021. OSHA stated that it would schedule an informal public hearing on the NPRM if a request was made during the comment period. A request was made, and OSHA scheduled the public hearing for September 21-23,...

Bergeson & Campbell, P.C. (B&C®) is pleased to offer the recording, slides, and written Question and Answer (Q&A) document from our “PFAS Reporting Rules -- What Every Company Needs to Know” webinar, focusing on the U.S. Environmental Protection Agency’s (EPA) proposed reporting rules for per- and polyfluoroalkyl substances (PFAS), presented by B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D. Do you wonder if the PFAS...

On September 15, 2021, the Senate Committee on Environment and Public Works held a hearing on several U.S. Environmental Protection Agency (EPA) nominees, including Amanda Howe, nominated for Assistant Administrator for Mission Support, and David Uhlmann, nominated for Assistant Administrator for Enforcement and Compliance Assurance. Amanda Howe has a long history of public service, including such roles as the Chief Operating Officer for the now-Vice President, Kamala Harris, for...

Download Transcript This week I sat down with Dr. Richard E. Engler, B&C’s and The Acta Group’s (our consulting affiliate) Director of Chemistry, to discuss the U.S. Environmental Protection Agency’s (EPA) continuing struggle to regulate certain persistent, bioaccumulative, and toxic (PBT) chemicals, especially those found in finished products, what EPA refers to as “articles.” The Toxic Substances Control Act (TSCA) has always applied to the products, or articles, that...

The implementation of the Toxic Substances Control Act (TSCA) provisions relating to regulating persistent, bioaccumulative and toxic (PBT) chemicals has been anything but smooth. On September 3, 2021, the Environmental Protection Agency (EPA) announced it intends to initiate new PBT rulemaking and anticipates proposing new rules for five PBT chemicals subject to final risk management rules under TSCA Section 6(h). Additionally, and happily, the agency extended the compliance dates for the...

On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding criticism of the U.S. Environmental Protection Agency’s (EPA) decision to grant industry additional time to comply with a Toxic Substances Control Act (TSCA) prohibition on phenol, isopropylated phosphate (3:1) – or PIP (3:1) – in articles.  Some in industry, however, argue the approach represents the agency’s best effort in...

On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Chemical Watch in the article “US EPA ‘turns up the heat’ on industry to demonstrate PIP rule challenges.” The EPA, however, has made clear that it will not give [companies] further time lightly.  Many commenters "did not provide sufficiently specific information about their operations to...

Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Meibao Zhuang, Ph.D., has joined our firms as Senior Scientist and Regulatory Consultant. Dr. Zhuang offers clients in-depth scientific knowledge and exceptional skills in global and regional regulatory strategy honed over a nearly 20-year career leading regulatory efforts with Corteva Agriscience (Corteva) and Dow AgroSciences LLC (Dow). Dr. Zhuang is a research scientist with a Ph.D. in...

On August 31, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of the final scope documents for the manufacturer-requested risk evaluations (MRRE) of di-isodecyl phthalate (DIDP) and diisononyl phthalate (DINP). 86 Fed. Reg. 48695; 86 Fed. Reg. 48693. The scope documents include the conditions of use, hazards, exposures, and the potentially exposed or susceptible subpopulations that EPA plans to consider in conducting the risk...

The U.S. Environmental Protection Agency (EPA) announced on September 3, 2021, that it intends to initiate a new rulemaking and anticipates proposing new rules for five persistent, bioaccumulative, and toxic (PBT) chemicals that are the subject of final risk management rules under the Toxic Substances Control Act (TSCA). Additionally, and importantly, EPA is extending the compliance dates for the prohibitions on processing and distribution and the associated recordkeeping requirements of one of...

Download transcript This week, I sat down with Daniel Rosenberg, Director, Federal Toxics Policy, Healthy People & Thriving Communities Program, at the Natural Resources Defense Council (NRDC). Daniel’s distinguished legal career has placed him at the forefront of the evolving law and policy of domestic chemical regulation. Daniel and I discuss new Toxic Substances Control Act (TSCA), the U.S. Environmental Protection Agency’s (EPA) implementation of the 2016 amendments to TSCA...

The European Commission (EC) is holding a targeted consultation on potential revisions to the Annexes to Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) to introduce information requirements to improve the identification of substances with endocrine disrupting potential. The EC has developed two different options that would amend the Annexes to include new standard tests providing information on endocrine disrupting...