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November 29, 2017

Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted in Bloomberg BNA Daily Environment Report Article “Manufacturers Gain Insight into EPA Reviews of New Chemicals”

Bergeson & Campbell, P.C.

On November 29, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Senior Chemist at B&C, were quoted by Bloomberg BNA Daily Environment Report regarding recently released U.S. Environmental Protection Agency (EPA) documents on new chemical review procedures.

The Points to Consider When Preparing TSCA New Chemical Notifications document, in particular, provides a clear, useful summary of the agency’s current practice, said Lynn Bergeson, managing partner in the Washington office of Bergeson & Campbell, P.C.

The information explains to agency staff what they should do, she said. That could benefit chemical makers because it should promote consistent reviews, Bergeson said.

The insights also could help chemical manufacturers understand what information the EPA needs so it can decide whether or not their proposed new chemical is safe enough and can be manufactured for the marketplace, Bergeson said.

More consistent agency reviews and manufacturers’ giving the EPA the information it needs can both help provide businesses needed regulatory predictability, Bergeson said.


Richard Engler, a senior chemist with Bergeson & Campbell who worked in the EPA’s new chemicals office for years, told Bloomberg Environment one reason for the delays is that the agency is conflating “reasonably forseeable” with “any possible” risks.

Amended TSCA requires the EPA to consider reasonably forseeable risks, but that is not the same as requiring it to manage any conceivable risk, he said.

There are ways that EPA can reduce its review time, thereby lightening its work load, while managing reasonably forseeable risks, he and Bergeson said.

For example, EPA can identify the primary uses or production methods of a chemical that could increase its risks and manage those concerns, he said.

Chemical manufacturers will be well served by suggesting creative solutions at the Dec. 6 meeting or in written comments, Bergeson said.

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