All Knowledge & Insights By Date

On November 28, 2018, Inside EPA included information on Lek Kadeli’s U.S. Environmental Protection Agency (EPA) appointment first posted in Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “EPA Announces New Acting Deputy AA at OCSPP.” Lek Kadeli, a top former EPA career official in the research office (ORD), is joining the management team for EPA's toxics office, bolstering the office as it ramps up to implement the revised Toxic Substances Control Act (TSCA)...

The State of California now has over 900 chemical substances for which warning and labeling is required under Proposition 65 (Prop 65). Recently added to this list are soluble nickel compounds. Given the potential ubiquity of the substance, this could have big implications.

On November 26, 2018, Inside EPA included information from Bergeson & Campbell, P.C.’s (B&C®) memorandum “EPA Publishes First Draft TSCA Chemical Risk Evaluation” in the article “EPA's PV29 Assessment Likely to Test Reformed TSCA's Data Standards.” In a Nov. 16 memo on the draft's release, the law firm Bergeson and Campbell suggests that there may be little reason to challenge the agency's finding though it leaves the door open to questioning the data EPA...

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on November 15, 2018, announcing the availability of and seeking public comment on the first draft chemical risk evaluation under the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).  The draft risk evaluation for Colour Index (C.I.) Pigment Violet 29 is intended to determine whether C.I. Pigment Violet 29...

Download transcript. This week, I sat down with Michael Wenk, one of our senior regulatory consultants, to discuss his new book Chemical Regulation in the Middle East. Michael’s book focuses on eight countries in the Middle East that have a combination of well developed and emerging chemical regulatory schemes. His book provides a comprehensive examination of the main chemical management laws in force for each particular country, and summarizes general trends and issues facing the region as a...

On November 14, 2018, Inside EPA spoke with Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA Eases RCRA For Airbag Removals But Keeps Hazardous Waste Status.” [W]hile dealers and others removing the airbags will be conditionally exempt under the new rule, others further down the waste stream will not, says Chris Bryant, a former EPA waste official who is now a senior regulatory consultant with Bergeson...

On November 13, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor, Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA regarding Congress’ plan to oversee the U.S. Environmental Protection Agency’s (EPA) implementation of the revised Toxic Substances Control Act (TSCA). “There may be some bipartisan oversight on nuts and bolts questions. But my guess is that each side will generally focus questions on 'their' issues and concerns,” says Charles...

On November 12, 2018, Richard E. Engler, Ph.D., Director of Chemistry for Bergeson & Campbell, P.C. (B&C®), was featured on National Public Radio’s (NPR) morning news program “Morning Edition” during a segment on the chemical methylene chloride.  Reporter Rebecca Hersher asked Dr. Engler, a 17-year veteran of the US Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and leader of EPA's Green Chemistry Program, about EPA’s review...

Compliance & Risks presented a complimentary webinar “Proposition 65 Warning Requirements and Compliance Strategies.” Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Lisa R. Burchi, Of Counsel, B&C, presented an overview of California’s Office of Environmental Health Hazard Assessment new Prop 65 warning label requirements that took effect on August 30, 2018. 

On November 6, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding new chemical rules. Before 2016, the EPA took regulatory action on 10-15 percent of new chemicals, clearing the way for 85-90 percent of new compounds to proceed without restrictions, Richard Engler, Bergeson and Campbell PC’s director of chemistry, said. But since the amendments to the nation’s primary chemicals law passed in...

On November 5, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), in the article “More Sales, Broader Safeguards May Follow Chemical Rule Deluge.” The rules broaden sales opportunities for both the companies that designed these chemicals and ones that want to make or use them, Richard Engler, who was a chemist at the Environmental Protection Agency for 17 years, told Bloomberg Environment. […] The...

In the Trump Administration’s Unified Agenda of Regulatory and Deregulatory Actions (Regulatory Agenda) issued on October 17, 2018, the U.S. 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, and scheduled the Notice of Proposed Rulemaking (NPRM) to be issued by March 2019. The full description of the item is: OSHA and other U.S. agencies have been...

Washington, D.C. (November 1, 2018):  Bergeson & Campbell, P.C. (B&C®) is launching a podcast today.  It is called All Things Chemical™ and it will engage listeners in intelligent, insightful conversation about everything related to industrial, pesticidal, and specialty chemicals and the law and business issues surrounding chemicals. B&C’s talented team of lawyers, scientists, and consultants will keep listeners abreast of the changing world of both domestic...

Download transcript. This week, I got to have a roundtable discussion with several of my colleagues about a Strategic Research Plan released by the EPA earlier this summer, outlining their approach to reduce and replace “vertebrate” testing. What we’re really talking about, of course, is animal testing. In keeping with the commitment outlined in 2016’s Toxic Substances Control Act (TSCA), the EPA proposes several so-called New Approach Methodologies, or NAMs, which they hope will be able...

Effective October 26, 2018, California’s Office of Environmental Health Hazard Assessment (OEHHA) added nickel (soluble compounds) to the list of chemicals known to the state to cause reproductive toxicity for purposes of Proposition 65 (Prop 65).  Importantly, “soluble” is not defined in the listing.  On October 11, 2018, OEHHA’s Developmental and Reproductive Toxicant Identification Committee (DARTIC), in its official capacity as the “state’s qualified experts”...

On September 27, 2018, the U.S. Environmental Protection Agency (EPA) issued a final fees rule under the Toxic Substances Control Act (TSCA). The final rule largely tracks the proposed rule. The EPA will host a series of webinars focusing on TSCA submissions and fee payments under the final rule. The agency has posted a pre-publication version of the final rule, as well as its response to public comments on the proposed rule.

Section 8(b)(10)(B) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), directs that “[n]ot later than April 1, 2017, and every 3 years thereafter, the Administrator shall carry out and publish” (Environmental Protection Agency [EPA], 2018a, p. 30056) an inventory of mercury or mercury-added products or uses of mercury in a manufacturing process. On June 27, 2018, the U.S. Environmental Protection Agency...

Hi, this is Lynn Bergeson of Bergeson & Campbell in Washington, D.C. I'm here to announce that we have launched a podcast. It's called All Things Chemical. And whether you are a lawyer in the chemical space, a scientist or a manager, or a CEO of a Fortune 50 chemical company, you will want to listen up. Starting November 1st we will be releasing a podcast every other week. We're going to be dealing with a whole host of really interesting issues including animal testing and alternatives to...

On October 17, 2018, Bergeson & Campbell, P.C. (B&C®) presented a complimentary webinar regarding pending implementation dates of key U.S. Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) rules. “Keeping up with FSMA – Rules, Obligations, and Key Compliance Dates” was presented by Karin F. Baron, MSPH, Senior Regulatory Consultant, B&C, Lynn L. Bergeson, Managing Partner, B&C, and Scott J. Burya, Ph.D., Regulatory Chemist, B&C, and...

On October 18, 2018, Inside EPA quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the B&C memorandum “EPA Proposes SNURs that Break New Ground under Amended TSCA.” Industry attorneys are welcoming the agency's approach, suggesting it sets a precedent for future agency action. “The proposed SNUR is interesting, important, and controversial, as this is the first time under the new law for which EPA is proposing to...