This week, I sat down with my colleague, Sheryl Dolan, a Senior Regulatory Consultant here at Bergeson & Campbell and The Acta Group. As Sheryl’s practice focuses primarily on pesticide matters, we addressed a few hot topics captivating our interest. Sheryl briefed us on the Environmental Protection Agency’s (EPA) Office of Pesticide Programs’ (OPP) forthcoming move from Crystal City, Virginia, to D.C. later this year, OPP’s recent deployment of its Emerging Pathogen Policy in light...
Federal enforcement of chemical product laws is alive and well, despite a broadly held misconception to the contrary. We have seen over the past 18 months or so an uptick in federal enforcement under the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). We write to alert you to this fact and focus here on TSCA enforcement, as we believe we will see this trend continue in 2020. We will devote a second client alert to FIFRA enforcement. What...
On February 6, 2020, comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), were featured in a Washington Post article about Corteva Agriscience’s decision to stop producing the pesticide chlorpyrifos. Jim Aidala, a consultant for Corteva who served as EPA’s associate administrator for pesticides and toxics under Bill Clinton, said in an interview that because the Obama administration made a decision on chlorpyrifos...
February 6, 2020
Are You Potentially Responsible for TSCA Fees? EPA Issues Preliminary Lists of Companies Responsible for TSCA Risk Evaluation Fees
February 6, 2020
“All Things Chemical™ Podcast Episode “Are You Potentially Responsible for TSCA Fees? EPA Issues Preliminary Lists of Companies Responsible”
This week, I sat down with my colleague, Dr. Richard Engler, Bergeson & Campbell’s Director of Chemistry, to discuss what the fuss is over EPA’s January 27, 2020, issuance of a “preliminary list” of companies responsible for the $1,350,000 per-chemical fee EPA charges to conduct a risk evaluation of a high-priority chemical under TSCA Section 6. The scope of the entities “on the hook” is far broader than expected, and companies with little understanding of TSCA may be...
January 28, 2020
Senate Refers Sustainable Chemistry Research and Development Act of 2019 to Committee on Commerce, Science, and Transportation
On December 10, 2019, the U.S. Senate received and read twice the Sustainable Chemistry Research and Development Act of 2019 (Act). Passed by the U.S. House of Representatives one day prior to the Senate’s review, the Act -- H.R. 2051 -- if approved, will establish an interagency working group led by the Office of Science and Technology Policy (OSTP) to coordinate federal programs and activities in support of sustainable chemistry. This is an exciting development and, for sustainable...
On January 24, 2020, the U.S. Environmental Protection Agency (EPA) released the draft risk evaluation of carbon tetrachloride, “a solvent primarily used in the manufacturing of chlorinated compounds and petrochemicals.” Carbon tetrachloride is the seventh of the first ten chemicals to undergo risk evaluation under the amended Toxic Substances Control Act (TSCA). EPA published a Federal Register notice on January 27, 2020, announcing the availability of the draft risk...
Bergeson & Campbell, P.C. (B&C®) is pleased to announce the release of the complete suite of TSCA Tutor™ regulatory training courses online and on-demand at www.TSCAtutor.com. Professionals seeking expert, efficient, essential training can preview and enroll in on-demand classes to complete at their own pace and timing. In addition to the newly released online e-learning courses, B&C’s TSCA Tutor™ training platform offers live in-person training at a...
On January 14, 2020, California’s Office of Environmental Health Hazard Assessment (OEHHA) adopted amendments it proposed on November 16, 2018, and modified on October 4, 2019, to the Proposition 65 (Prop 65) regulations setting forth the circumstances when a “retail seller” is responsible for providing consumer product exposure warnings. The amendments are effective on April 1, 2020. The amendments adopted have not changed since OEHHA’s October 4, 2019, modifications. A...