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August 12, 2022

Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Chemical Watch in Article “US EPA changes TSCA test order policies for companies exiting market”

Bergeson & Campbell, P.C.

On August 11, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding updated Toxic Substances Control Act (TSCA) test order policies that no longer allow companies to stop manufacturing a substance to avoid fulfilling an agency data generation mandate.

Lynn Bergeson and Rich Engler from law firm Bergeson & Campbell said the new policy seems to be a logical solution to “the prospect of all entities opting out, leaving no one to conduct the testing”. 


Industry attorneys generally agreed that testing will only increase in the coming years, with the EPA likely to deploy additional orders on the ‘next 20’ substances undergoing risk evaluation, and before it prioritises the next tranche of substances. 

Companies wishing to avoid testing obligations could cease manufacture of a chemical that could be scrutinised – such as workplan chemicals and per- and polyfluoroalkyl substances (PFASs) that might fall under the agency’s testing strategy – “and hope that the orders for a particular substance are not issued for five years”, said the Bergeson & Campbell attorneys. 

Otherwise, they added, companies could “consider engaging in data development now to be well-positioned to approach EPA with a sensible alternative tiered-testing programme that gives EPA what it thinks it needs to avert a section 4 test order”. 

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