All Knowledge & Insights By Date

The South Korea amendment to the Act on Registration and Evaluation, etc of Chemical Substances (K-REACH) came into effect on January 1, 2019. All existing chemical substances (i.e., substances that are listed on the existing chemical inventory in South Korea) manufactured in or imported to South Korea at greater than or equal to one ton per year are now subject to registration. Existing chemical substances must be pre-registered prior to registration and pre-registration must be completed...

On January 9, 2019, the New York Department of Environmental Conservation (NYDEC) announced it was delaying its enforcement of the New York Household Cleansing Product Information Disclosure Program (Disclosure Program) to October 1, 2019. NYDEC’s announcement was published in the Environmental Notice Bulletin. As previously reported, on June 6, 2018, NYDEC released its Disclosure Program setting forth extensive requirements for manufacturers of certain consumer...

On January 11, 2019, Bloomberg Environment spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “Chemical Makers’ Data Duties Delayed by Shutdown.” “Assuming the proposed changes are not major, the delay in releasing the proposed [Chemical Data Reporting] rule is an inconvenience rather than a block impeding chemical manufacturers ability to do business,” said Kathleen M. Roberts, a vice president at...

This week, I sat down with Karin Baron, a senior regulatory consultant here at Bergeson & Campbell and all around expert on chemical product labeling to discuss recent developments pertinent to the United States Hazard Communication Standard (HCS). These regulatory developments have been proposed to bring the HCS more in line with GHS, the Global Hazard Communication Standard. Karin unpacks this complex but really important area of the law and focuses on the aspirational and important goals...

In the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda) issued on October 17, 2018, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) published a Proposed Rule Stage item titled, “Update to the Hazard Communication Standard,” RIN 1218-AC93 (OSHA, 2018), and scheduled the Notice of Proposed Rulemaking (NPRM) to be issued by March, 2019. This could be an important regulatory development for all...

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) are pleased to offer you our Forecast 2019. In this richly detailed document, the legal, scientific, and regulatory professionals of B&C and Acta distill key trends in U.S. and global chemical law and provide our best informed judgment as to the shape of key developments we are likely to see in the New Year. Our unique business platform and growing...

On December 21, 2018, the U.S. Environmental Protection Agency (EPA) denied a petition filed under Section 21 of the Toxic Substances Control Act (TSCA) requesting that EPA initiate rulemaking to amend the TSCA Chemical Data Reporting (CDR) rule to increase reporting of asbestos. EPA denied the September 27, 2018, petition on the grounds that the petitioners, the Asbestos Disease Awareness Organization, American Public Health Association, Center for Environmental Health, Environmental...

On January 7, 2019, Inside EPA featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), regarding new efforts to reauthorize the U.S. Environmental Protection Agency’s (EPA) Pesticide Registration Improvement Act (PRIA) program. EPA's authority to collect fees lapsed Dec. 21 when lawmakers failed to approve legislation funding EPA and other agencies, depriving them of a legislative vehicle to which they could...

On January 7, 2019, Bloomberg Environment quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler’s pledge to make public more information about chemical safety decisions. Richard Engler, director of chemistry at Bergeson & Campbell PC, described Wheeler’s promises as reflecting “EPA’s...

Brexit is a moving target from a political viewpoint, but many matters for regulatory compliance and product stewardship teams globally appear clearer than before. This article suggests timely REACH compliance strategies companies should adopt and implement that account for wide-ranging Brexit repercussions.

On December 21, 2018, Bloomberg Environment featured comments by Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) plan to update coal ash disposal requirements. The changes are consistent with the agency’s preference for states to take the lead on setting their own disposal requirements, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in...

On December 20, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “‘Calamitous’ Harm Possible for EPA Chemical Program in Shutdown.” Shutting the government down could have particularly severe effects on the EPA’s oversight of chemicals in commerce and further delay the entry of new chemicals onto the market, two attorneys specializing in chemical policy told Bloomberg Environment. “If...

On December 19, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “2019 Outlook: ‘Most Active Year Yet’ Looms on EPA Chemical Rules.” The EPA didn’t reply to a question about how many people are working in its chemicals office but said it was allowed to hire up to 340 in fiscal year 2018, an increase from 311 in the previous year. The agency said it couldn’t comment on how many people...

On December 12, 2018, the House passed the Conference Report for H.R. 2 (the Agriculture Improvement Act of 2018, also known as the Farm Bill) to provide for the reform and continuation of agricultural and other programs of the United States Department of Agriculture (USDA) through fiscal year 2023. The Senate passed the Conference Report on December 11, 2018. Sec. 10101. Specialty crops market news allocation. Sec. 10102. Local agriculture market program. Sec. 10103. Organic...

Big retailers strive to source products responsibly. This typically includes recognition of chemicals in the products they market. As part of its commitment to responsible sourcing, Amazon recently posted its Chemicals Policy, which includes its first Restricted Substance List (RSL). This column discusses this milestone.

Download transcript. Recently, we published a 3 part article with Bloomberg News entitled: New Chemicals Under New TSCA—Stalled Commercialization. This week, I sat down with Charles Auer, a Senior Regulatory and Policy advisor here at the firm, and Dr. Richard Engler, our Director of Chemistry, two of my co-authors on this article to talk about it. Our thesis is simple: EPA’s interpretation of our brand new industrial chemical law, the Frank R. Lautenberg Chemical Safety for the...

On December 11, 2018, the U.S. Environmental Protection Agency’s (EPA) Acting Administrator Andrew Wheeler announced EPA’s and the U.S. Army Corps of Engineers’ (Corps) release of their highly anticipated proposed replacement definition of “Waters of the U.S.” (WOTUS) that defines the scope of waters and wetlands that fall under federal Clean Water Act (CWA) jurisdiction. The 2018 WOTUS rule proposal is currently available in pre-publication format on EPA’s...

On November 16, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to Proposition 65 (Prop 65) regulations setting forth the circumstances when a “retail seller” is required to provide a consumer product exposure warning.  Retail sellers are defined under the regulations as: [A] person or business that sells or otherwise provides consumer products directly to consumers by any means, including via the internet. For purposes of this...

The U.S. Environmental Protection Agency (EPA) is scheduled to publish a Federal Register notice on December 4, 2018, withdrawing significant new use rules (SNUR) promulgated under the Toxic Substances Control Act (TSCA) for 26 chemical substances, including carbon nanomaterial (generic), that were the subject of premanufacture notices (PMN).

Download transcript. This week, I sat down with Dr. Richard Engler, our Director of Chemistry, to discuss Confidential Business Information (CBI). CBI is both a term of art under the Toxic Substances Control Act (TSCA) and can be understood broadly to be anything from trade secrets to you know, the secret sauce of a chemical formulation that makes a product profitable. In our conversation, we focused on how this concept of CBI functions under TSCA and how businesses need to handle CBI during the...