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August 11, 2021

Lynn L. Bergeson Quoted in Chemical Watch Article “Industry presses US EPA to scale back PFAS reporting rule”

Bergeson & Campbell, P.C.

On August 11, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the compliance challenges of the U.S. Environmental Protection Agency’s (EPA) proposed per- and polyfluoroalkyl substances (PFAS) reporting rule.

The language of the NDAA limits the EPA’s ability to make certain changes. For example, it says a final rule must be issued by 1 January 2023, and reporting must cover “each person who has manufactured a chemical substance that is a perfluoroalkyl or polyfluoroalkyl substance in any year since 1 January 2011”.

However, some industry attorneys think the agency has room to manoeuvre on other issues.

The “EPA should exercise its scientific discretion and offer exemptions that in its view are justified and … do not undermine EPA’s ability to elicit useful data”, said Lynn Bergeson, managing partner at Bergeson & Campbell. 

Moreover, there is a provision in section 8 of TSCA that directs the agency, to the extent feasible, not to require reporting that is “unnecessary or duplicative”.

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