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August 2, 2018

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

Bergeson & Campbell, P.C.

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. Roberts, vice president of Bergeson & Campbell Consortia Management LLC, told Bloomberg Environment Aug. 1.

Downstream users often perceive the new chemicals as more hazardous than unregulated compounds, and new use rules require chemical purchasers to comply with recordkeeping and other requirements, she said.


Industry groups are concerned because the number of new use restrictions the EPA plans to issue has soared since the 2016 Toxic Substances Control Act amendments, said Roberts and other industry consultants and attorneys Bloomberg Environment interviewed.

Before the TSCA amendments, the EPA issued new use rules for about 10 percent of the new chemicals it reviewed, Roberts said.

Agency officials now say they are targeting regulations for about 90 percent, Roberts said. The agency shares its initial conclusions with the manufacturers when reviewing new chemical applications and makes some information public.


In April, the TSCA New Chemicals Coalition, a manufacturers group, shared an idea with the agency designed to address worker health concerns, Roberts said.

All 145 chemicals the EPA regulated Aug. 1 included restrictions—such as mandating that workers wear gloves or masks—to protect employees in manufacturing plants that make or use those chemicals.

Instead of duplicating Occupational Safety and Health Administration regulations, the EPA could flag new chemicals raising worker-safety concerns to remind companies that they must refer to OSHA’s standards as they use the compound, Roberts said.

Adding an “EPA flag” on a chemical inventory—an official agency list of chemicals U.S. companies can make or use—could remind companies to comply with OSHA’s requirements, she said. For example, OSHA already requires companies to prevent chemical exposures to skin irritants, Roberts said.

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