On June 7, 2016, the Senate passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) by voice vote and sent it to President Obama for signature. As reported in our memorandum, "An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA," the Act includes new requirements in Sections 4, 5, 6, and 8 of the Toxic Substances Control Act (TSCA). These new requirements, among others, will need to be met in promulgating currently proposed regulations, as well...
June 15, 2016
Lynn L. Bergeson, “In-House Counsel Beware: TSCA Reform Impacts Everyone,” Law360, June 15, 2016 .
In-house counsel unfamiliar with the tsunami-like changes in domestic chemical management headed our way soon may wish to read this article. If you think for a second that the extensive revisions to the Toxic Substances Control Act (TSCA) expected to be enacted imminently do not impact your legal practice or your client’s business operations, think again. TSCA reform impacts virtually every business sector in the United States, and will continue to do so for years to come. Here are the reasons...
On June 15, 2016, Bergeson & Campbell P.C.’s (B&C®) memoranda, “TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA,” was quoted in the Inside EPA article, “Questions Linger On EPA Approach To TSCA Bill's New Chemicals Program.” "While Lautenberg appears to afford EPA the discretion needed to fashion an appropriate transitional policy for disposing of currently pending and suspended Section 5 notices, it does not require EPA to...
On June 14, 2016, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented “U.S. Market Pressure and the Battle between Hazard and Risk” at the 2016 Green Chemistry & Engineering Conference. Dr. Engler discussed the various risk-based regulations at play in the U.S., including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), the Toxic Substances Control...
June 13, 2016
OSHA Issues Final Rule To Improve Tracking Of Workplace Injuries And Illnesses And Other Recent OSHA Developments
EPA Makes Final Revisions To EPCRA Hazard Categories: On June 13, 2016, the U.S. Environmental Protection Agency (EPA) issued final revisions to EPCRA Sections 311 and 312 occasioned by changes to the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). 81 Fed. Reg. 38104. Under the revised HCS, chemical manufacturers and importers are required to evaluate their chemicals according to the new criteria adopted from the United Nations (UN) Globally...
On June 13, 2016, the Bloomberg BNA Daily Environment Report article, “TSCA Changes May Alter Pending Chemical Rules for Articles,” included comments by Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®). The EPA may need to conduct new analyses to support its proposed rules or the agency may need to re-propose them in light of changes the TSCA-reform bill would make to the criteria the agency should use when regulating manufactured goods, or...
June 10, 2016
EPA Extends Comment Period On RCRA Corrosive Dust Petition For Six Months And Other Recent RCRA Developments
EPA Extends Comment Period On RCRA Corrosive Dust Petition For Six Months: The U.S. Environmental Protection Agency (EPA) on June 10, 2016, extended until December 7, 2016, the comment period on its April 11, 2016 (81 Fed. Reg. 21295) tentative denial of a petition by Public Employees for Environmental Responsibility (PEER) to amend regulations under 40 C.F.R. § 261.22 regarding the definition of corrosive hazardous wastes under the Resource Conservation and Recovery Act (RCRA). 81...
June 10, 2016
Bloomberg BNA Daily Environment Report Article “Law Firms Help Clients Prep for New Chemicals Law” Quotes Lynn L. Bergeson
On June 10, 2016, Bloomberg BNA Daily Environment Report included comments from Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), speaking about the impacts of passing the Frank R. Lautenberg Chemical Safety for the 21st Century Act. […] “The bill's many deadlines will drive EPA activities at a frantic pace,” said Lynn Bergeson, managing partner of Bergeson & Campbell. […] Among the deadlines the EPA faces in the first year of the law's...
On June 9, 2016, James V. Aidala, Senior Government Affairs Consultant at Bergeson & Campbell P.C. (B&C®), was quoted in a Boston Commons High Tech Network article on the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act overhauling the Toxic Substances Control Act (TSCA). Jim Aidala, a former EPA official who is now with consultants Bergeson & Campbell PC, said the legislation helps define which toxic chemicals the EPA can regulate.
Register Today For "The New TSCA -- Overview and Summary of Major Changes: What to Expect and When to Expect It" Monday June 13, 20168:00 a.m. Pacific Daylight Time / 11:00 a.m. Eastern Daylight Time / 4:00 p.m. British Summer Time Speakers: Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C. Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and...
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Michael S. Wenk, M.S., has joined our teams as Senior Regulatory Consultant. Mr. Wenk has managed global regulatory affairs and product stewardship divisions at Fortune 500 chemical and chemical product companies for over 20 years and is an internationally-recognized expert in chemical registration and regulation in Central and South America, and the Middle East. With a Master's Degree in...
June 8, 2016
Bloomberg Article “EPA Wins Clout To Fight Toxic Chemicals, But It May Take A While,” Quotes James V. Aidala
On June 8, 2016, Bloomberg Politics quoted Senior Government Affairs Consultant for Bergeson & Campbell P.C. (B&C®), James V. Aidala, on how the overhaul of the Toxic Substances Control Act (TSCA) will impact the U.S. Environmental Protection Agency’s (EPA) ability to regulate chemicals. "It’s a very ambitious undertaking -- it’s going to be hard," said James Aidala, the former head of EPA’s chemical safety office and a consultant at Bergeson & Campbell. "It...
June 8, 2016
Bloomberg BNA Daily Environment Report Quotes James V. Aidala On Implementation Of TSCA Reform
On June 8, 2016, the Bloomberg BNA Daily Environment Report article, “With Chemical Safety Law, Congress Hands EPA Herculean Task,” quoted James V. Aidala, Senior Government Affairs Consultant for Bergeson & Campbell P.C. (B&C®). “It's a very ambitious undertaking—it's going to be hard,” said James Aidala, the former head of EPA's chemical safety office and a consultant at Bergeson & Campbell. “It is going to take a long time, even if the administration...
On May 3, 3016, Mexico's Ministry of Economy published a notice beginning a public consultation on two draft nanotechnology standards. ISO/TS 80004-5:2011 lists terms and definitions related to the interface between nanomaterials and biology. It is intended to facilitate communications between scientists, engineers, technologists, designers, manufacturers, regulators, non-governmental organizations (NGO), consumer organizations, members of the public, and others.
June 7, 2016
Lynn L. Bergeson Quoted In Chemical Week Article “TSCA Reform On The Horizon As Bill Passes Senate (Update)”
On June 7, 2016, Chemical Week quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), about the challenges facing the implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., says the new program will face a variety of hurdles because of the challenge of deadlines, resources, and "only a short (if any) honeymoon period. It might take a significant length of...
June 7, 2016
Lynn L. Bergeson Quoted In Wall Street Journal Article “Updated Rule Offers Better Oversight of Nanotech Chemicals”
On June 7, 2016, the Wall Street Journal Risk & Compliance Journal reporter Ben DiPietro featured quotes by Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), about the impact of Toxic Substances Control Act (TSCA) Reform on nanotechnology chemicals. The article “Updated Rule Offers Better Oversight of Nanotech Chemicals” explores how many nanotech chemicals were mostly ignored by the language of TSCA, but may now be reviewed by the U.S. Environmental...
On June 6, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C., (B&C®), presented “Sustainable Agriculture and Food Security in the Mediterranean Region: Modern Agriculture and Technology” at the International Bar Association 4th Mediterranean Conference in Rome, Italy. Ms. Bergeson began her presentation with a discussion of the similarities between U.S. and European Union (EU) oversight systems. Both systems address comprehensively potential risks posed...
On June 2, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), presented “The Nanotechnology Legal and Regulatory Landscape” at the 2016 International Nanotoxicology Congress in Boston. Ms. Bergeson stated that there are many ongoing global initiatives involving diverse governance aspects of nanoscale materials and many countries continue to make progress in defining nanoscale materials, addressing related definitional challenges, developing suitable...
On June 1, 2016, Lynn L. Bergeson, Bergeson & Campbell P.C. (B&C®) Managing Partner, was quoted in an Inside EPA article regarding possible Toxic Substances Control Act (TSCA) Reform impacts on the U.S. Environmental Protection Agency’s (EPA) ability to regulate chemicals in finished products. EPA has not yet provided a cohesive regulatory policy on articles, so having a statutory requirement could ease some of those concerns, said Lynn Bergeson, managing partner...
Chemical Watch complimentary webinar series on the "new" TSCA. The first webinar, "TSCA Overview and Summary of Major Changes: What to Expect and When to Expect It" features panelists Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.; Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund; Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S....