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July 20, 2023

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

Bergeson & Campbell, P.C.

This week, we are re-releasing a podcast I recorded with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, much earlier this year on the U.S. Environmental Protection Agency’s (EPA) development of new chemical categories to help streamline Toxic Substances Control Act (TSCA) Section 5 new chemical review. Since January, the concept of chemical categories has attracted significant attention. Rich and I discuss in the podcast the new categories for mixed metal oxides (MMO) and cathode active materials (CAM), and another category for biofuels.

More recently, EPA has focused on regulating PFAS chemicals as a category and has sought comment on disallowing Low Volume and Low Release and Low Exposure Exemptions under TSCA Section 5. While this is an entirely different way of streamlining the review process, the proposal raises interesting questions that we address in our firm memorandum on this subject posted on our website. The podcast discussion is directly relevant to these more recent developments.

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