July 13, 2018

Recent Federal Developments – July 2018

Available On-Demand - TSCA At 2: An Update On Implementation And Hot Topics: A recording of “TSCA at 2: An Update on Implementation and Hot Topics,” the third webinar in the 2018 Chemical Policy Summit Series, is now available. This webinar featured news and updates on Toxic Substances Control Act (TSCA) implementation from Nancy B. Beck, Ph.D., D.A.B.T.®, Deputy Assistant Administrator, U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention...
July 12, 2018

James V. Aidala Quoted In Bloomberg Environment Article “Wheeler More Aware of Chemical Issues Than Most EPA Heads”

On July 12, 2018, Bloomberg Environment quoted James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) regarding Acting Administrator of the U.S. Environmental Protection Agency (EPA) Andrew Wheeler’s experience with the chemical regulatory landscape.  The EPA’s new acting administrator is more familiar than past agency heads were with the nation’s primary chemicals statute, giving him insight into tensions arising in...
July 12, 2018

Bloomberg Environment Quotes James V. Aidala In “No Head of EPA Toxics, Pesticides Office Expected Any Time Soon”

On July 12, 2018, Bloomberg Environment included comments from James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) regarding difficulties that the Trump administration may face in nominating a head of the U.S. Environmental Protection Agency’s (EPA)  chemicals and pesticides office after a difficult confirmation process caused the former nominee, Michael Dourson, to withdraw. Beck could be a candidate for the assistant...
July 5, 2018

Lynn L. Bergeson, “EFSA Publishes New Guidance on Nanotechnologies in Food and Feed,” Nanotechnology Now, July 5, 2018.

The European Food Safety Authority (EFSA) issued a July 4, 2018, press release announcing the availability of new guidance on how to assess the safety of nanoscience and nanotechnology applications. The guidance covers novel foods, food contact materials, food and feed additives, and pesticides, taking into account new developments that have taken place since publication of the previous guidance in 2011. 
June 28, 2018

EPA Releases Final Strategic Plan to Promote the Development and Implementation of Alternative Test Methods Within the TSCA Program

On June 22, 2018, the U.S. Environmental Protection Agency (EPA) released its Strategic Plan to Promote the Development and Implementation of Alternative Test Methods Within the TSCA Program.  Development of the Strategic Plan was required under Section 4(h)(2)(A) of the Frank R. Lautenberg Chemical Safety for the 21st Century Act with a deadline of not later than two years after enactment.  Release of the final Strategic Plan occurred on the second anniversary of enactment of...
June 26, 2018

EPA Issues Guidance on Creating Generic Names for Confidential Chemical Substance Identity Reporting under TSCA

Bergeson & Campbell, P.C. (B&C®) will present a webinar regarding confidential business information (CBI) as related to chemical regulation on September 18, 2018. Register for “TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules” online.  This webinar is part of the 2018 Chemical Policy Summit Series presented by B&C and Bloomberg Next. On June 21, 2018, the U.S. Environmental Protection Agency (EPA) issued guidance...
June 25, 2018

EPA Publishes Final Reporting Requirements for TSCA Mercury Inventory

On June 22, 2018, the U.S. Environmental Protection Agency (EPA) published a prepublication version of the final rule regarding reporting requirements for applicable persons to provide information to assist in the preparation of an “inventory of mercury supply, use, and trade in the United States,” where “mercury” is defined as “elemental mercury” and “a mercury compound” (mercury). Section 8(b)(10)(B) of the Toxic Substances Control Act (TSCA), as amended by the Frank...
June 25, 2018

“TSCA at 2: An Update on Implementation and Hot Topics” Webinar Quoted By Bloomberg Environment

“TSCA at 2: An Update on Implementation and Hot Topics” Webinar Quoted By Bloomberg Environment On June 25, 2018, Bloomberg Environment included quotes from Bergeson & Campbell, P.C. (B&C®)’s “TSCA at 2: An Update on Implementation and Hot Topics” webinar in the article “Chemical Companies Get Flexibility in Data Submissions, May Cut Costs.” The EPA will start asking chemical manufacturers to provide certain types of health, ecological, or other data for new...
June 25, 2018

Bloomberg Environment Quotes B&C Webinar “TSCA at 2: An Update on Implementation and Hot Topics” In “New Chemical Reviews, Regulations Said to Impede Commerce”

On June 25, 2018, Bloomberg Environment included quotes from Bergeson & Campbell, P.C. (B&C®)’s “TSCA at 2: An Update on Implementation and Hot Topics” webinar in the article “New Chemical Reviews, Regulations Said to Impede Commerce.” The growing number of rules that are accompanying new chemicals is causing marketplace problems, said Michael Gould, environmental, health, and safety committee chairman with RadTech North America. The EPA has been regulating about 90...
June 25, 2018

WEBINAR – – TSCA at 2: An Update on Implementation and Hot Topics, June 25, 2018, 11:00 a.m. – 12:00 p.m. EDT

Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA were pleased to present “TSCA at 2: An Update on Implementation and Hot Topics,” the third webinar in the 2018 Chemical Policy Summit Series. Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. Environmental Protection Agency (EPA) has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic Substances Control Act...
June 22, 2018

EPA Celebrates Anniversary of Lautenberg Act by Releasing Final CBI Guidance, Animal Testing Strategy, and Final Mercury Reporting Rule

On June 22, 2018, the U.S. Environmental Protection Agency (EPA) announced that it has met its statutory responsibilities under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) to release guidance and policy on confidential business information (CBI), a strategy to reduce animal testing, and a final mercury reporting rule. As noted in our June 29, 2016, memorandum, “TSCA Reform: EPA Publishes First Year Implementation Plan,” the Lautenberg Act...
June 22, 2018

Brian Xu, M.D., Ph.D., DABT®, Quoted in Nature Article “US–Chinese Trade War Puts Scientists In The Cross Hairs”

On June 22, 2018, Brian Xu, M.D., Ph.D., DABT®, Toxicologist with Bergeson & Campbell, P.C. (B&C®), was quoted by Nature regarding proposed Chinese tariffs on U.S. chemicals and scientific equipment. Brian Xu, a toxicologist for the scientific consulting firm ACTA in Washington DC, which works with businesses in mainland China, agrees that China’s proposal to place tariffs on US chemicals and scientific equipment is unlikely to have a major effect on Chinese research....
June 21, 2018

EPA Issues Final Guidance on Points to Consider When Preparing TSCA New Chemical Notifications

The U.S. Environmental Protection Agency (EPA) issued on June 20, 2018, guidance intended “to improve transparency with the public and with companies seeking Agency review of their new chemical substances under the Toxic Substances Control Act (TSCA).” EPA states that the guidance, entitled Points to Consider When Preparing TSCA New Chemical Notifications (Points to Consider Guidance), “promotes early engagement and communication, and enhances overall understanding of EPA’s...
June 20, 2018

Lynn L. Bergeson, “EPA Eyes Nonylphenol Ethoxylates,” Chemical Processing, June 20, 2018.

The U.S. Environmental Protection Agency (EPA) expanded on June 12, 2018, the list of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) Toxics Release Inventory (TRI). The list now includes a category containing 13 nonylphenol ethoxylates (NPE). NPEs are nonionic surfactants used in a variety of industrial applications and consumer products including adhesives, wetting agents, emulsifiers, stabilizers, dispersants, defoamers, cleaners, paints and...
June 18, 2018

Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Environment Regarding Upcoming EPA Chemical Review Deadlines

On June 18, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted in the Bloomberg Environment article “Tidal Wave of Toxics Deadlines Awaits EPA, Industries in 2019.” The EPA needs more staff and money to manage its oversight of both existing and new chemicals, said Lynn Bergeson, managing partner of Bergeson & Campbell, PC in Washington. The agency’s chemicals...
June 15, 2018

Recent Federal Developments – June 2018

Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017: Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law....
June 14, 2018

Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017

Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law. B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D., co-authored...
June 13, 2018

Bloomberg Environment Article “Chemical Makers’ Hours Filling Out Forms Prompts EPA Paper Chase” Features Quotes from Richard E. Engler, Ph.D.

On June 13, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry at Bergeson & Campbell, P.C. (B&C®) regarding an increase in time required for chemical makers to fill out paperwork under the new Toxic Substances Control Act (TSCA).  The Environmental Protection Agency acknowledged the extra work companies are doing through an “emergency” Paperwork Reduction Act request it submitted to the White House Office of Management...
June 13, 2018

Inside EPA Quotes NCC in “New Chemicals Group Seeks Refund Information In EPA’s TSCA Fees Rule”

On June 13, 2018, Inside EPA included comments from the Toxic Substance Control Act (TSCA) New Chemicals Coalition (NCC) regarding the omission of language in the U.S. Environmental Protection Agency’s (EPA) proposed fee rule about how it will refund companies whose new chemical use applications are not reviewed by the statutory deadline. Bergeson & Campbell, P.C. (B&C®) provides legal counsel to the TSCA NCC. Membership is open to individual chemical companies...
June 8, 2018

EPA Will Add 13 Specific Nonylphenol Ethoxylates to EPCRA Toxics Release Inventory

The U.S. Environmental Protection Agency (EPA) announced on June 7, 2018, that Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention, signed a final rule that will add a category of 13 specific nonylphenol ethoxylates (NPE) to the Emergency Planning and Community Right-to-Know Act (EPCRA) Toxics Release Inventory (TRI). EPA states that this addition “ensures the most up-to-date information is easily accessible to the...