March 7, 2022

EPA Will Extend Compliance Dates for Articles Containing PIP (3:1)

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 3, 2022

The “PIPing” Point — A Conversation with Kelly Scanlon, DrPH, Director of EHS at IPC

Download transcript. Dr. Scanlon's audio quality was affected during parts of this interview due to technical issues. We apologize for the inconvenience. This week I had the pleasure of sitting down with Kelly Scanlon, DrPH, CIH, Director of Environmental Policy & Research, Global Government Relations, at IPC. IPC, as many of you know, is an organization accredited by the American National Standards Institute as a standards development organization. It publishes the most widely used...
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...
February 28, 2022

FIFRA Stakeholders: Update to How to Respond to an Enforcement Action or Inquiry

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...
February 22, 2022

Canadian Government Introduces Bill Intended to Modernize CEPA

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 17, 2022

Toxics and Human Rights — A Conversation with Baskut Tuncak, Director of TURI

Download Transcript This week I had the pleasure of sitting down with Baskut Tuncak, newly named Director, the Toxics Use Reduction Institute (TURI), at the University of Massachusetts, Lowell. Baskut is a lawyer and former research chemist with a truly distinguished and fascinating career in a diverse range of public and private sector roles in toxics issues. Baskut most recently served as the United Nations (UN) Special Rapporteur on toxics and human rights. In our conversation, Baskut...
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...