All Knowledge & Insights By Date

On December 17, 2020, Bloomberg Environment featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a recent U.S. Environmental Protection Agency (EPA) decision to allow chemical manufacturers to split certain risk evaluation fee payments to the agency. [T]he due date for the second payment offers some clarity for clients, said Lynn L. Bergeson, managing partner of Bergeson and Campbell, PC, which specializes in chemical...

This week I was thrilled to sit down with Kate Sellers, Technical Director at ERM, where Kate leads multidisciplinary teams to help clients meet their business goals through product stewardship and sustainability initiatives.  Kate is immediate past President of the Product Stewardship Society and one of the country’s most visionary leaders in the area of product stewardship.  Kate counsels some of the largest companies in the world on optimizing business practices to producer...

The Toxic Substances Control Act (TSCA) authorizes the U.S. Environmental Protection Agency (EPA) to collect fees from chemical manufacturers (including importers) to defray a portion of the costs associated with TSCA implementation efforts. The TSCA fees rule requires payment for eight categories of fee-triggering events under TSCA, including EPA-initiated risk evaluations under TSCA Section 6. The EPA must prepare a preliminary list of manufacturers subject to fee obligations for EPA-initiated...

As 2021 begins, new safety data sheet (SDS) requirements in the European Union (EU) will enter into force. Commission Regulation (EU) 2020/878 of June 18, 2020, amends Annex II to Regulation (EC) No 1907/2006 on the Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH). The requirements for SDS layout and content appear in REACH, while the hazard classification criteria and labeling requirements are derivative of Regulation (EC) No 1272/2008 on the Classification,...

On December 10, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft compliance guide that outlines which imported articles are covered by EPA’s July 2020 final significant new use rule (SNUR) that prohibits companies from manufacturing, importing, processing, or using certain long-chain per- and polyfluoroalkyl substances (PFAS) without prior EPA review and approval. The draft guide will be “the official compliance guide for imported...

Under Toxic Substances Control Act (TSCA) Section 26(b), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), the U.S. Environmental Protection Agency (EPA) is authorized to collect fees from chemical manufacturers (defined to include importers under TSCA) to defray a portion of the EPA costs associated with TSCA implementation efforts. The TSCA Fees Rule, which became effective on October 18, 2018, requires payment of fees for eight categories of...

This week I sat down with Dr. Jeff Morris, immediate past Director of EPA’s Office of Pollution Prevention and Toxics (OPPT), the EPA office that regulates industrial chemicals.  Jeff is now a principal of Jeff Morris Solutions LLC, a consulting firm helping entities navigate the complexities of industrial chemical regulation.  While at EPA, Jeff directed the Agency’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA), the U.S. law regulating...

On November 27, 2020, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft scope documents for the manufacturer-requested risk evaluations of diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). 85 Fed. Reg. 76077; 85 Fed. Reg. 76072. EPA notes in its November 25, 2020, announcement that both DIDP and DINP “belong to a family of chemicals called phthalates and are commonly used as plasticizers in the production of plastic and...

With the fast-approaching end of the transition period between the United Kingdom (UK) and the European Union (EU), the Bergeson & Campbell, P.C. (B&C®) podcast All Things Chemical™ has released two episodes discussing the many changes this transition will bring about for those in the chemical industry.What’s Going on with the Brexit Transition Period? — A Conversation with Jane S. Vergnes, Ph.D. Lynn L. Bergeson, Managing Partner, B&C, and President of The Acta...

The U.S. Environmental Protection Agency (EPA) released the final risk evaluation for trichloroethylene (TCE) on November 23, 2020. 85 Fed. Reg. 75010 (Nov. 24, 2020). Of the 54 conditions of use that EPA reviewed, EPA found that 52 present an unreasonable risk to workers, occupational non-users (ONU), consumers, and bystanders. EPA determined that distribution in commerce and consumer use of TCE in pepper spray do not present an unreasonable risk. EPA also found no...