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...
March 1, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “EPA Drops Policy Chemical Makers Use to Correct Critical List”
On Feburary 28, 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) announcement that, as of April 26, it will 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...
Contrary to popular opinion, the U.S. Environmental Protection Agency’s (EPA) enforcement activity under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) has been trending upward over the last couple of years. As noted in our earlier advisory memorandum on enforcement activity under the Toxic Substances Control Act (TSCA), although most parties subject to TSCA inspections receive a “boilerplate” letter, FIFRA enforcement actions tend to be more heterogeneous....
February 25, 2022
Lynn L. Bergeson, “Per- And Polyfluoroalkyl Substances (PFAS): One Size Does Not Fit All,” Chemical Processing, February 27, 2022.
Per- and polyfluoroalkyl substances (PFAS) are getting a lot of attention in the United States and globally. Their varied chemical properties make the categorization of “PFAS” into a single category chemically and scientifically questionable. Increasingly, the ability to make distinctions among this large chemical category is challenging, yet failure to do so could be unwise. This article provides information on PFAS, and offers a few suggestions to keep in mind when making business...
February 23, 2022
Lynn L. Bergeson, “PFAS: making sound investment decisions,” Financier Worldwide, March 2022.
The ubiquity of per- and polyfluoroalkyl substances (PFAS) and the manufacturing sector’s decades-long reliance on them to impart functionalities in a dizzying array of products put the investor between the proverbial rock and a hard place. PFAS varied chemical properties make the broad categorisation of ‘PFAS’ into a monolithic category of ‘forever chemicals’ chemically and scientifically questionable. For better or worse, however, that is exactly what is happening today, and...
Environment and Climate Change Canada (ECCC) announced on February 9, 2022, that the government introduced in the Senate the Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), intended to modernize the Canadian Environmental Protection Act, 1999 (CEPA) and make related amendments to the Food and Drugs Act (FDA). The bill was initially introduced in the 43rd Parliament in April 2021 as Bill C-28, but it was not considered due to the federal election...
February 16, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Inside TSCA in “Industry Sees NAMs Aiding New Chemical Reviews, But Laments PPE Delays”
On February 15, 2022, 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 Inside TSCA regarding the U.S. Environmental Protection Agency's (EPA) application of new approach methods (NAMs) and category-based analyses for new-chemical reviews. An industry attorney says EPA’s application of new approach methods (NAMs) and category-based analyses for...