Category: General

January 19, 2023

OSTP Releases Framework for Strengthening Federal Scientific Integrity Policies and Practices

By Lynn L. Bergeson and Carla N. Hutton   On January 12, 2023, the White House Office of Science and Technology Policy (OSTP) announced the release of A Framework for Federal Scientific Integrity Policy and Practice, “a roadmap that will help strengthen scientific integrity policies and practices across the federal government.” The framework builds on the assessment of federal scientific integrity policies and practices described in the January 2022 report, Protecting the...
January 18, 2023

Acta Webinar on Chemicals Strategy for Sustainability Quoted in Bloomberg Law Article “Chemical Law Change Ahead in EU Seen Likely to Raise Costs in US”

On January 17, 2023, Bloomberg Law quoted speakers, including Jane S. Vergnes, Ph.D., DABT®, Director of Toxicology, Bergeson & Campbell, P.C. (B&C®), from B&C affliate The Acta Group's (Acta®) "Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?" webinar. The European Union will propose many regulatory changes this year that could substantially increase US companies’ costs and prevent exports of some chemicals or...
January 17, 2023

Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “US speciality chemical firms considering shifting R&D to EU”

On January 17, 2023, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding an annoucement by the Society of Chemical Manufacturers and Affiliates (Socma) that U.S. speciality chemicals companies are "strongly considering" introducing new chemicals into the European market due to the consistency of the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) review process relative to that...
January 17, 2023

EPA’s Fall 2022 Unified Agenda Includes Proposed and Final TSCA and TRI Rules

The U.S. Environmental Protection Agency’s (EPA) fall 2022 Unified Agenda, published on January 4, 2023, includes the following rulemakings under the Toxic Substances Control Act (TSCA) or the Toxics Release Inventory (TRI). Proposed Rule Stage Fees for the Administration of TSCA (2070-AK64): In January 2021, EPA proposed updates and adjustments to the 2018 TSCA fees rule (2021 Proposal). In light of public comments, EPA issued a supplemental notice of proposed rulemaking (SNPRM) on...
January 13, 2023

EPA Adds Nine Chemicals and Removes One PFAS from Safer Chemical Ingredients List

The U.S. Environmental Protection Agency (EPA) announced on January 12, 2023, that it is updating the Safer Chemical Ingredients List (SCIL), “a living list of chemicals organized by functional-use class that EPA’s Safer Choice program has evaluated and determined meet Safer Choice criteria.” EPA is adding nine chemicals to the SCIL. EPA states that to expand the number of chemicals and functional-use categories on the SCIL, it encourages manufacturers to submit their safer...
January 12, 2023

EPA Opens Registration for ECOTOX Knowledgebase Encore Training Being Held February 7

The U.S. Environmental Protection Agency (EPA) has opened registration for the second ECOTOXicology Knowledgebase (ECOTOX) virtual training on February 7, 2023. ECOTOX is a comprehensive, publicly available tool providing environmental toxicity data on aquatic life, terrestrial plants, and wildlife.  EPA states that the virtual training, which is specifically targeted for decision-makers, will provide: An overview of the database content and function; Application-oriented use case...
January 11, 2023

Register Now for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023”

Registration is now open for the “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” webinar on January 31, 2023, 11:00 a.m. - 12:00 p.m. (EST). This webinar offers our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2023. At a political level, the Republicans’ narrow control of the U.S. House of Representatives will almost certainly invite a greater degree of oversight of U.S. Environmental...
January 11, 2023

Register Now for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023”

Registration is now open for the “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” webinar on January 31, 2023, 11:00 a.m. - 12:00 p.m. (EST). This webinar offers our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2023. At a political level, the Republicans’ narrow control of the U.S. House of Representatives will almost certainly invite a greater degree of oversight of U.S. Environmental...
January 10, 2023

Lynn L. Bergeson, “Chemical Compliance: FTC To Revise Green Guides, Again,” Chemical Processing, January 10, 2023.

The Federal Trade Commission (FTC) is tinkering with the Guides for the Use of Environmental Marketing Claims (Green Guides). Given the growing appeal of “green claims” for a variety of products, it is fitting the FTC is refining and modernizing the Green Guides to help marketers avoid making environmental marketing claims that are unfair or deceptive under Section 5 of the FTC Act. Importantly, the FTC seeks to update the guides “based on increasing consumer interest in buying...
January 9, 2023

APHIS Announces Final Regulatory Status Review Guide

The U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) announced on December 22, 2022, that it posted its final Regulatory Status Review (RSR) guide. The RSR guide details the information requirements and process for submitting an RSR request under the revised biotechnology regulations at 7 C.F.R. Part 340. Under the revised regulations, developers may request a permit and/or an RSR of a plant developed using genetic engineering that APHIS has not...
January 9, 2023

EPA Announces Release of New PFAS Analytic Tools, Will Hold Webinar on January 10

The U.S. Environmental Protection Agency (EPA) announced on January 5, 2023, the release of a new interactive web page on the “PFAS Analytic Tools” that provides information about per- and polyfluoroalkyl substances (PFAS) across the country. EPA states that this information will help the public, researchers, and other stakeholders better understand potential PFAS sources in their communities. According to EPA, the PFAS Analytic Tools draw from multiple national databases and...
January 6, 2023

Nonprofit Organizations File Suit Claiming That Plastic Containers Treated with Fluorine Gas Leach PFAS in Violation of EPA Regulations

On December 27, 2022, the Center for Environmental Health (CEH) and Public Employees for Environmental Responsibility (PEER) filed a lawsuit in the U.S. District Court for the District of Columbia to prevent Inhance Technologies USA from generating per- and polyfluoroalkyl substances (PFAS) when fluorinating plastic containers. According to CEH and PEER’s joint press release, testing conducted by the U.S. Environmental Protection Agency (EPA), Notre Dame researchers, and other...
January 5, 2023

EPA Adds Two New Chemical Categories: What It Means to Chemical Innovators — A Conversation with Richard E. Engler, Ph.D.

Download Transcript This week, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, returned to the studio to discuss the U.S. Environmental Protection Agency’s (EPA) bold moves in developing new chemical categories to help streamline the review of new chemicals under Toxic Substances Control Act (TSCA) Section 5. While the categorical approach to new chemical review is by no means new, it has stalled out in recent years, and EPA’s...
January 5, 2023

EPA Approves RFS Pathways for Certain Biofuels Produced from Canola/Rapeseed Oil

By Lynn L. Bergeson and Carla N. Hutton   On December 2, 2022, the U.S. Environmental Protection Agency (EPA) published a final rule determining that renewable diesel, jet fuel, heating oil, naphtha, and liquefied petroleum gas (LPG) produced from canola/rapeseed oil via a hydrotreating process all meet the lifecycle greenhouse gas (GHG) emissions reduction threshold of 50 percent required for advanced biofuels and biomass-based diesel (BBD) under the Renewable Fuel Standard (RFS) program....
January 1, 2023

What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023, January 31, 2023, 11:00 a.m. EST, via webinar

Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed the U.S. Environmental...
January 1, 2023

Monthly Update for January 2023

Forecast For U.S. Federal And International Chemical Regulatory Policy: On January 5, 2023, Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) published the “Forecast for U.S. Federal and International Chemical Regulatory Policy 2023.” This extraordinarily detailed document offers our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in...
January 1, 2023

ABA, Environmental, Mass Torts & Products Liability Litigation Committees’ Joint CLE Seminar, January 31 – February 2, 2013, Steamboat Springs, CO.

Feb. 2 -  Timothy D. Backstrom participated in a panel discussion of key litigation issues in 2013 pertinent to TSCA, FIFRA, and Endangered Species matters. Click here to view our presentation “Developments in Environmental Law and What to Expect in the New Administration.
January 1, 2023

Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?, January 17, 2023, 10:00 a.m. – 11:00 a.m. (EST), via webinar

Bergeson & Campbell, P.C. (B&C®) affiliate The Acta Group's (Acta®) January 17, 2023, webinar, “Two Years Later: How Has the Chemicals Strategy for Sustainability Changed REACH and CLP Regulations?,” is now available for on-demand viewing. During this one-hour webinar Meglena Mihova, Managing Partner, EPPA; Thomas Petry, Ph.D., Managing Director, ToxMinds; Jane S. Vergnes, Ph.D., DABT®, Vice President, Scientific Affairs, Director of Toxicology, Acta; and Lynn L. Bergeson,...
December 30, 2022

EPA OIG Renders “Qualified” Opinion on FYs 2020 and 2019 TSCA Service Fee Fund Financial Statements

On December 29, 2022, the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) published a report entitled The EPA’s Fiscal Years 2020 and 2019 Toxic Substances Control Act Service Fee Fund Financial Statements. The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) requires EPA to prepare and OIG to audit the Toxic Substances Control Act (TSCA) Service Fee Fund financial statements each year. According to OIG, its primary objectives were...
December 29, 2022

Petition Filed to Add Polyoxymethylene to List of Chemical Substances Subject to Superfund Excise Tax

The Internal Revenue Service (IRS) announced on December 28, 2022, that it received a petition requesting the addition of polyoxymethylene to the list of taxable substances under Section 4672(a) of the Internal Revenue Code. 87 Fed. Reg. 79938. The petitioner is Celanese Ltd., an exporter of polyoxymethylene. According to the petition, “polyoxymethylene is an engineering thermoplastic used in precision parts requiring high stiffness, low friction, and excellent dimensional stability. It...