August 3, 2018

EPA OIG Finds Opportunities Exist to Improve CDR Rule

On July 27, 2018, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) issued a report entitled EPA’s Chemical Data Reporting Rule Largely Implemented as Intended, but Opportunities for Improvement Exist.  OIG conducted an audit to determine how EPA is ensuring that companies are compliant with the Chemical Data Reporting (CDR) Rule requirements under the Toxic Substances Control Act (TSCA) and whether EPA is using CDR data to prioritize chemicals for the...
August 2, 2018

Kathleen M. Roberts Quoted By Bloomberg Environment Regarding New SNURs for 145 Chemicals

On August 2, 2018, Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®) and Vice President, B&C Consortia Management (BCCM), was quoted by Bloomberg Environment in the article “Manufacturers’ Core Questions Remain on EPA’s New Chemical Controls.” Some potential customers won’t purchase any compound regulated by a new use rule, even if the new chemical is better for the environment and safer than alternatives, Kathleen M....
August 1, 2018

EPA Issues Direct Final Rule Promulgating SNURs for 145 Chemicals

On August 1, 2018, the U.S. Environmental Protection Agency (EPA) issued a direct final rule promulgating significant new use rules (SNUR) under the Toxic Substances Control Act (TSCA) for 145 chemical substances that were the subject of premanufacture notices (PMN).  83 Fed. Reg. 37702.  EPA notes that the chemical substances are subject to consent orders issued by EPA pursuant to TSCA Section 5(e).  The direct final rule requires persons who intend to manufacture...
July 31, 2018

EPA OIG Audits EPA’s Implementation of Its Recommendations for Presidential Green Chemistry Challenge Awards Program

On July 20, 2018, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) released a report on its audit of EPA’s implementation of the OIG recommendations for the Presidential Green Chemistry Challenge Awards (PGCCA) Program.  The PGCCA Program is sponsored by the EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP) to promote the environmental and economic benefits of developing and using green chemistry by recognizing industry...
July 31, 2018

Christopher R. Bryant Quoted In Bloomberg Environment Article “Laggard States Pushed to Take Waste Powers by EPA”

On July 31, 2018, Christopher R. Bryant, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding states that have delayed adoption of U.S. Environmental Protection Agency (EPA) waste regulations by more than three decades.  Delays can affect companies if regulations provide relief in the form of an exemption to a rule or cost savings, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC...
July 31, 2018

Richard E. Engler, Ph.D., “EPA Includes Active-Inactive Designations on Updated TSCA Inventory,” ABA Section of Environment, Energy, and Resources PCRRTK Newsletter, Volume 19, Issue 3, July 2018.

The U.S. Environmental Protection Agency’s (EPA) April 2018 Toxic Substances Control Act (TSCA) Chemical Substance Inventory is now available (https://www.epa.gov/tsca-inventory/ how-access-tsca-inventory). For the first time, the Inventory includes a field designating substances that are “active” in U.S. commerce....
July 25, 2018

BRAG Requests that EPA Adopt TSCA Inventory Representation and Equivalency For Renewable and Sustainable Biobased Chemicals

Washington D.C.:  Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.”  BRAG and BIO members provided...
July 25, 2018

Richard E. Engler, Ph.D., Quoted by Bloomberg Environment Regarding Late NoC as EPA Updates TSCA Inventory

On July 25, 2018, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding late notices of containment (NoC) filed as the U.S. Environmental Protection Agency (EPA) brings the Toxic Substances Control Act (TSCA) inventory up to date in the article “EPA OK’d Apparent Violations of Chemicals Law.” Sometimes the agency fails to process a commencement notice correctly, said Richard E. Engler,...
July 25, 2018

Lynn L. Bergeson Interviewed By Scott Tong of Marketplace Regarding TCE Ban

On July 24, 2018, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) was featured on the radio show Marketplace from American Public Media during a segment on the degreaser Trichloroethylene (TCE) and its status under the Toxic Substance Control Act (TSCA).  Reporter Scott Tong visited the site of a former ViewMaster toy plant outside of Portland, Oregon where TCE has been linked to cancer in some former employees. Tong reported that the U.S. Environmental...
July 19, 2018

EPA Convenes Public Hearing on Proposed Rule:  Strengthening Transparency in Regulatory Science

On July 17, 2018, the U.S. Environmental Protection Agency (EPA) convened a public hearing on the proposed rule “Strengthening Transparency in Regulatory Science.” Stakeholder testimony was scheduled for the three sessions: 8:00 a.m. to 12:00 p.m., 12:00 p.m. to 4:00 p.m., and 4:00 p.m. to 8:00 p.m. Bergeson & Campbell, P.C. (B&C®) attended the morning session. A few takeaways from the meeting include: The proposed rule, issued on April 30, 2018, originally had a comment...