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This week, I took part in a roundtable discussion about biobased products with my colleagues Kathleen Roberts and Dr. Rich Engler. Over the last several years, there has been a significant trend towards the use of renewable, bio-based chemicals. Although these chemicals often have similar, if not identical, functionalities as the non-renewable, fossil-based chemical that they are intended to replace, there are a number of regulatory challenges in bringing these to market. In this conversation,...

On January 24, 2019, Chemical Watch spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “Shutdown-related delays could compromise TSCA statutory deadlines.” Lynn Bergeson, managing partner at Bergeson & Campbell, said that the shutdown is stretching the limits of what the EPA is capable of completing in terms of TSCA implementation. "I am concerned simply because we all live in the real world, and we have...

As Brexit is eclipsing nearly all other developments in Europe these days, we write to alert you to another important development underway in the European Union (EU). As discussed in detail below, the European Commission (EC) has initiated a process to evaluate and likely revise the EU framework addressing the regulation of food contact materials (FCM). Regulation (EC) No 1935/2004 (Regulation) provides this framework and has done so since its adoption in October 2004 with varying...

On January 18, 2019, Inside EPA spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA's Fee Rule Takes Effect Without Suit, A First For TSCA Framework.” Kathleen Roberts, a senior regulatory consultant at the law firm Bergeson & Campbell, suggested that the clarity of the statute regarding fees dissuaded critics from challenging EPA's final rule. “I believe that there were no challenges because the...

On January 18, 2019, Bloomberg Environment featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), regarding delayed pesticide product approvals. The EPA also processes thousands of applications for so-called “me-too” chemicals—pesticides that are nearly identical to other products already on the market. “EPA is normally able to process those applications pretty quickly,” said Jim Aidala, a government...

On January 18, 2019, Inside EPA extensively quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast 2019 in the article “EPA Shutdown Stymies Looming TSCA Assessment, Rule Deadlines.” Observers are also waiting for EPA to publish its updated TSCA inventory, the list of all existing chemicals, after receiving submissions from industry on which chemicals are deemed active -- manufactured, processed or imported within the past decade -- or inactive. Its publication...

After over a year of review and revision, on January 8, 2019, the Chinese Ministry of Ecology and Environment (MEE) published the "Chemical Environmental Risk Assessment and Control Regulation (Draft)" (Regulation) for public comment. The draft Regulation would update the “Environmental Management of New Chemical Substances” (MEP Order No. 7). The deadline to submit comments to MEE regarding the Regulation is February 20, 2019. Comments should be submitted to MEE via e-mail...

On January 16, 2019, Chemical Watch spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “Shutdown spells further delays to TSCA new chemicals reviews.” "Until we have information from the agency, we are more or less assuming that [new chemical review processes] are all suspended, Lynn Bergeson, managing partner at Bergeson & Campbell, told Chemical Watch. And the fear for many is that the shutdown will exacerbate an...

2019 started with a political bang. The President’s decision to allow a partial government shutdown in the absence of funding for the “wall” will continue to inspire federal administrative and regulatory havoc for months to come. This is particularly true of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) as it administers the programs under the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and...

The South Korea amendment to the Act on Registration and Evaluation, etc of Chemical Substances (K-REACH) came into effect on January 1, 2019. All existing chemical substances (i.e., substances that are listed on the existing chemical inventory in South Korea) manufactured in or imported to South Korea at greater than or equal to one ton per year are now subject to registration. Existing chemical substances must be pre-registered prior to registration and pre-registration must be completed...