November 30, 2022

Lynn L. Bergeson Quoted by Chemical Watch in Article “Industry backs small business panel recommendations for TSCA PFAS reporting rule”

On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency’s (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule.  Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27...
November 29, 2022

EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). 87 Fed. Reg. 72439. EPA states that it seeks...
November 23, 2022

EPA Holds First Webinar on Approach for Reviewing MMOs, Including New and Modified CAMs

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first 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 human health or the...
November 18, 2022

EPA Issues SNPRM Modifying and Supplementing 2021 Proposed TSCA Fees Rule

On November 16, 2022, the U.S. Environmental Protection Agency (EPA) published a much-anticipated supplemental notice of proposed rulemaking (SNPRM) to modify and supplement its 2021 proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. 87 Fed. Reg. 68647. EPA states that “[w]ith over five years of experience administering the TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and...
November 17, 2022

Highlights From the Agricultural Law Section Presentations at the IBA Annual Conference

The International Bar Association (IBA) Annual Conference took place in Miami between October 30 and November 4, 2022. During the Annual Conference, the Agricultural Law Section (ALS) welcomed attendees to several events: an open committee meeting on October 31 and two sessions on current topics in agricultural law on October 31 and November 3.  During the open committee meeting, ALS Officers discussed matters of interest and future activities. The committee meeting was attended by several...
November 15, 2022

Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Fees Companies Must Pay EPA to Oversee Their Chemicals Soar”

On November 15, 2022, 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) proposal to significantly increase fees chemical manufacturers would have to pay it to evaluate chemical risks and expand fees paid by companies that mix, but don’t make chemicals. The “fees are surprisingly high” in keeping with the agency’s warning of...
November 11, 2022

EPA Finds Methylene Chloride, as a Whole Chemical Substance, Presents an Unreasonable Risk to Human Health

The U.S. Environmental Protection Agency (EPA) announced on November 10, 2022, the availability of the final revision to the risk determination for the methylene chloride risk evaluation issued under the Toxic Substances Control Act (TSCA). 87 Fed .Reg. 67901. EPA states that the revision to the methylene chloride risk determination reflects its announced policy changes to ensure the public is protected from unreasonable risks from chemicals in a way that is supported by science...
November 10, 2022

Keeping up with CLP Changes — A Conversation with Karin F. Baron

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 and I discuss the controversial changes proposed by the European Commission to the regulation on classification, labeling, and packaging of substances and mixtures, better known as the CLP regulation. As our listeners know, no one knows this space better than Karin Baron. Karin explains why the proposed changes are likely...
November 9, 2022

Register Now for “Articles under TSCA” Webinar

This webinar has been rescheduled from December 7, 2022. The new and correct date and time is December 14, 2022, 12:00 p.m. – 1:00 p.m. (EST). Registration is open for the “Articles under TSCA” webinar on December 14, 2022, 12:00 p.m. – 1:00 p.m. (EST). When the Toxic Substances Control Act (TSCA) was enacted in 1976, the U.S. Environmental Protection Agency (EPA) focused its attention on chemical substances and chemical mixtures, while largely exempting the...
November 8, 2022

EPA Provides Report to Congress on Its Capacity to Implement Certain Provisions of the Lautenberg Act

The U.S. Environmental Protection Agency (EPA) has provided a report to Congress on its capacity to implement certain provisions of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). The report provides point-in-time estimates of EPA’s current estimated capacity and resources needed to implement the 2016 Lautenberg Act amendments to the Toxic Substances Control Act (TSCA). TSCA Section 26(m) requires EPA to submit an initial report to Congress within...