On January 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for those per- and polyfluoroalkyl substances (PFAS) that are currently on the Toxic Substances Control Act (TSCA) Inventory but that have not been actively manufactured (including imported) or processed in the United States since 2006 and are consequently designated as inactive on the TSCA Inventory. 88 Fed. Reg. 4937. Persons subject to the SNUR would be required to notify...
Category: PFAS
January 23, 2023
EPA Announces Next Test Order Issued under National Testing Strategy for PFAS Used in Plastics, Chemical Manufacturing
The U.S. Environmental Protection Agency (EPA) announced on January 4, 2023, that it issued the next Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under its National PFAS Testing Strategy. The test order requires companies to conduct and submit testing on trifluoro(trifluoromethyl)oxirane (HFPO), a perfluoroalkyl substance used in making plastics. EPA states that this is “the second test order under the strategy...
January 6, 2023
Bergeson & Campbell, P.C. Releases 2023 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023....
January 6, 2023
Lynn L. Bergeson Quoted by Finishing and Coating in Article “Hiding in Plain Sight: PFAS May Enter Shop on Customer Parts”
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted in the January 2023 issue of Finishing and Coating regarding the presence of per-and polyfluoroalkyl substances (PFAS) in materials used around the electroplating process. “We live in a brave new world indeed,” says Lynn Bergeson, an attorney, and managing partner at Bergeson & Campbell, a firm in Washington D.C. that has been representing businesses in cases brought by...
Click here for a PDF brochure of the memorandum. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends...
December 7, 2022
EPA Proposes to Add PFAS Subject to TRI Reporting to List of Chemicals of Special Concern
The U.S. Environmental Protection Agency (EPA) proposed on December 5, 2022, to add per- and polyfluoroalkyl substances (PFAS) subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) pursuant to the National Defense Authorization Act for Fiscal Year 2020 (NDAA) to the list of Lower Thresholds for Chemicals of Special Concern (chemicals of special concern). 87 Fed. Reg. 74379. EPA notes that these PFAS already have a...
November 30, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Industry backs small business panel recommendations for TSCA PFAS reporting rule”
On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency’s (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule. Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27...
November 29, 2022
EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule
On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the completion of a Small Business Advocacy Review (SBAR) Panel for the Toxic Substances Control Act (TSCA) proposed rule for reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). 87 Fed. Reg. 72439. EPA states that it seeks...
On November 16, 2022, the U.S. Environmental Protection Agency (EPA) published a much-anticipated supplemental notice of proposed rulemaking (SNPRM) to modify and supplement its 2021 proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. 87 Fed. Reg. 68647. EPA states that “[w]ith over five years of experience administering the TSCA amendments of 2016, EPA is publishing this document to ensure that the fees charged accurately reflect the level of effort and...
November 7, 2022
Canada Publishes NOI on the Labeling of Toxic Substances in Products, Including Toxic Flame Retardants
On October 29, 2022, Canada published in the Canada Gazette a notice of intent (NOI) announcing that it intends to propose actions under the Canadian Environmental Protection Act, 1999 (CEPA) to require the labeling of certain substances that are listed on the CEPA Schedule 1 List of Toxic Substances in certain products, such as cosmetics, cleaning products, and flame retardants in upholstered furniture. Comments and feedback on the NOI will inform a strategy on...