Lautenberg Implementation News & Info

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), which makes important changes to the Toxic Substances Control Act (TSCA) -- the first revision of our domestic chemical management law in 40 years. Stakeholders will need immediately to understand what the "new TSCA" means for their industrial operations and strategically adjust their global operations to the new law.

Bergeson & Campbell, P.C.'s (B&C®) lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding the ongoing TSCA reform implementation efforts, as well as related state regulatory initiatives such as California's Safer Consumer Products Regulations and Green Chemistry Initiative.

This page contains constantly updated links to commentary, analysis, articles, and regulatory documents to help those in the chemical and chemical products industry understand what they need to know about TSCA reform, and what it means to their business.

Events

  • Product Stewardship 2018, September 27-29, 2018, Washington, D.C.
    The Product Stewardship Conference addressed global safety, environmental, and regulatory challenges by bringing together prominent professionals to present and discuss global emerging issues, case studies, practical experiences, and new developments. Lynn L. Bergeson, Managing Partner at Bergeson & Campbell, P.C. (B&C®) and member of the Product Stewardship Society Board of Directors since 2015, presented. B&C was a proud silver sponsor.

  • AsiaHub Summit Europe, September 27-28, 2018, Brussels, Belgium
    Chemical Watch’s AsiaHub Summit Europe brought together experts on China, Taiwan, South Korea, Thailand, and Vietnam providing updates on recent regulatory developments, with timely updates from India, Japan, and Malaysia. Brian Xu, M.D., Ph.D., DABT®, toxicologist with Bergeson & Campbell, P.C. (B&C®), presented regarding regulations in China vs. those in the US and Europe.
     
  • National Association of Chemical Distributors 2018 Northeast Region Meeting, September 24-26, 2018, Newport, Rhode Island
    The 2018 NACD Northeast Region Meeting included a state of affairs meeting for members as well as relevant legislative and regulatory updates. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) presented on TSCA compliance.
     
  • WEBINAR - - TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules, September 18, 2018, 1:00 p.m. - 2:00 p.m. EDT
    Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA were pleased to present “TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules,” the fourth webinar in the 2018 Chemical Policy Summit Series. Protecting confidential business information (CBI), including chemical identity, has never been easy but remains an essential component of a successful commercial chemical strategy.  New Toxic Substances Control Act (TSCA) Section 14 is much more prescriptive about what can and cannot be protected and what submitters must do to substantiate CBI to withstand scrutiny.  This complimentary, hour-long webinar focused on what’s new, what’s not, and how best strategically to create generic names to protect specific chemical substance identity. Tracy C. Williamson, Ph.D., Chief, Industrial Chemistry Branch, EPA; Scott M. Sherlock, Attorney Advisor, EPA; and Richard E. Engler, Ph.D., Director of Chemistry, B&C, presented. 
  • ELI Summer School Series 2018: Law & Policy of Products Regulation, July 24, 2018, Washington, D.C. and via Webinar
    The life cycle of industrial, agricultural, and antimicrobial chemical products, especially those embedded in consumer products, has gained increasing public attention. Regulators are beginning to look at the entire product life cycle, including after the discard of a product at the end of its useful life, not just toxicity data. Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), will present Law & Policy of Products Regulation, examining the regulation of chemicals that are used in industrial and consumer products, as well as pesticides, and describing the new governance and stewardship initiatives being considered globally by a wide variety of stakeholders to diminish the potential for adverse effects from chemicals.

Stay up-to-date on our future events

All Lautenberg Implementation Memoranda

Lautenberg Implementation Articles by B&C

  • Lynn L. Bergeson, "Compliance: CDR Rule Shows Room for Improvement," Chemical Processing, September 19, 2018.
    This summer, the U.S. Environmental Protection Agency’s Office of Inspector General (OIG) issued a report titled “EPA’s Chemical Data Reporting Rule Largely Implemented as Intended, but Opportunities for Improvement Exist.” The OIG conducted an audit to determine how the EPA is ensuring companies are compliant with the Chemical Data Reporting (CDR) rule under the Toxic Substances Control Act (TSCA), and whether the EPA uses CDR data to prioritize chemicals for the purpose of identifying their potential risks to human health and the environment. The OIG found that implementing policies for data quality checks will help tailor the information reported to meet the EPA’s needs. This column discusses the report.
     
  • Lynn L. Bergeson, Richard E. Engler, Charles M. Auer, and Kathleen M. Roberts, "New Chemicals Under New TSCA—Stalled Commercialization," Bloomberg Environment Insights, September 11-13, 2018.
    Bergeson & Campbell has written extensively about the U.S. Environmental Protection Agency’s implementation of the 2016 Amendments to the Toxic Substances Control Act occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). On the whole, EPA implementation efforts have been timely, balanced, and defensible. Implementation of Section 5 (new chemicals) revisions has been less successful. To date, the EPA’s approach has impeded the commercialization of more sustainable new chemical technologies and thus has, ironically, extended the market presence of often less- sustainable legacy chemicals. This article was originally published as a three part series analyzing the implementation of TSCA Section 5 and its impact on chemical innovation.
     
  • Lynn L. Bergeson, "The Trump Administration and global chemical issues," Elements, the Magazine of Chemicals Northwest, Summer 2018.
    This article reviews the Trump Administration’s engagement, to date, in key industrial chemical matters, domestically and internationally.  Topics include the Toxic Substances Control Act (TSCA), the UN’s Strategic Approach to International Chemicals Management (SAICM) and 2030 Agenda for Sustainable Development, and Ratification of the Stockholm Convention on Persistent Organic Pollutants.
     
  • Lynn L. Bergeson, "The New Administration and International Chemical Issues," Environmental Quality Management, Volume 27, Issue 4, Summer 2018.
    As a candidate and now as president, President Trump has been uncharacteristically predictable in systematically dismantling signature environmental policies of prior administrations and ceding the United States’ leadership in combating climate change to other global powers.
     
  • Lynn L. Bergeson, "EPA Clarifies Chemical Review Process," Chemical Processing, August 22, 2018.
    The release of the Toxic Substances Control Act (TSCA) Section 5(a)(3)(C) determination for a new polymer, P-16-0510, represents a positive step in implementing the New Chemicals Program under the Frank R. Lautenberg Chemical Safety for the 21st Century Act.
  • Read more ...

Lautenberg Implementation Links


 
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