Articles

Each year, Bergeson & Campbell, P.C., its global consulting affiliate The Acta Group, and consortia management affiliate B&C Consortia Management, L.L.C., prepare a summary overview of things to come in the new year. We are pleased to present our Forecast 2026. Our global team of chemical experts works hard each year to summarize our collective best guess on what to expect in the new year regarding global industrial, agricultural and biocidal chemical regulatory and policy initiatives....

On Nov. 13, 2025, the U.S. Environmental Protection Agency (EPA) proposed revisions (90 Fed. Reg. 50923) to the Toxic Substances Control Act (TSCA) Section 8(a)(7) regulation for reporting and recordkeeping requirements for perfluoroalkyl and polyfluoroalkyl substances (PFAS). This column summarizes the proposal and the reasons for it.

State and federal regulatory measures to address microplastics are flourishing. This trend is expected to continue in 2026. Provided in this article is an overview of microplastics regulatory and policy developments from 2025 to date.

On Sept. 23, 2025, the U.S. Environmental Protection Agency (EPA) proposed highly anticipated amendments to the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). When conducting a TSCA existing chemical risk evaluation, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or non-risk factors under the conditions of use (COU). As...

This year has seen a significant increase in legislative, regulatory and policy initiatives involving microplastics. This momentum suggests more regulatory activity moving forward for quite some time, although in ways that are not always clear or predictable. 

On July 18, 2025, the U.S. Environmental Protection Agency (EPA) rolled out the “reorganization plan” for its Office of Research and Development (ORD). The plan’s stated goal is to reduce budget expenditures, improve science, and have EPA’s research activities better support the work of EPA’s media offices. The EPA press release refers to the reorganization effort as a continuation of “comprehensive restructuring” that includes a reduction in force (RIF) for the ORD and a...

Some truths transcend politics, one being that chemical data holds enduring value and is becoming increasingly essential. In the United States, regardless of which party federally controls the levers of power, it's clear that chemical manufacturers and their customers must develop and curate robust data portfolios for their chemical inventories. The commercial imperatives driving this are undeniable and gaining traction.

The Minnesota Pollution Control Agency (MPCA) announced recently that it will postpone the Jan. 1, 2026, reporting deadline on products containing intentionally added per- and polyfluoroalkyl substances (PFAS). This is welcome news for businesses that were frantically preparing for the fast-approaching deadline. This column explains the state’s PFAS reporting rule, and summarizes the current, fluid state of play in this state’s evolving PFAS program.

In partial response to President Trump’s Feb. 13, 2025, Executive Order (EO) 14212, “Establishing The President’s Make America Healthy Again Commission,” the White House issued on May 22, 2025, “The MAHA Report” (with MAHA an acronym for Make America Healthy Again), titled “Make Our Children Healthy Again: Assessment.” If you have not read it, you should, as it raises, but does not answer, interesting questions for manufacturers of all stripes, especially those whose products...

On April 28, 2025, the U.S. Environmental Protection Agency (EPA) outlined upcoming agency action to address per- and polyfluoroalkyl substances (PFAS). According to EPA’s much anticipated announcement, “[i]n line with Administrator Zeldin’s Powering the Great American Comeback initiative, EPA’s work in this space will advance Pillar 1: Clean Air, Land, and Water for Every American, and Pillar 3: Permitting Reform, Cooperative Federalism, and Cross-Agency Partnership.” 

Candidate Trump promised to roll back regulations when he ran for president last campaign cycle. He has claimed deregulation was a hallmark of his first term and that his second term would be even more “deregulatory.” Experts will disagree on whether any one president succeeds in reducing the federal regulatory burden. What we do know is that Trump 2.0 has taken early and aggressive deregulatory measures expected to significantly impact many sectors of the U.S. economy. 

The U.S. Environmental Protection Agency announced on Jan. 13, 2025, that it signed a much-anticipated memorandum of understanding (MOU) with the Occupational Safety and Health Administration (OSHA), formalizing coordination on EPA’s work to assess and manage existing chemicals under Section 6 of the Toxic Substances Control Act (TSCA). A closer read of the MOU leaves us wanting more than what is there.

It’s been almost nine years since Toxic Substances Control Act (TSCA) stakeholders celebrated President Obama’s enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on June 22, 2016. Because the road to amending TSCA was long (almost a decade), contentious and complicated, stakeholders may have been more relieved that the process was finally over than interested in the fine print.

A key force propelling reform of the Toxic Substances Control Act through Congress in 2016 was a bipartisan belief, shared by the business and environmental communities alike, that the Environmental Protection Agency needs more information to do its job of protecting the American public from adverse effects caused by chemical exposures. After all, it has been domestic policy under TSCA for almost a half century that “adequate information should be developed . . . and that the development of...

It has been almost nine years since Toxic Substances Control Act (TSCA) stakeholders celebrated President Obama’s enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). Because the road to amending TSCA was long (almost a decade), contentious, and complicated, stakeholders were perhaps more relieved that the process was finally over than inclined to focus on the fine print. This article discusses mid-course corrections that are desperately...

For all the reasons you might imagine, 2025 is an especially challenging year to speculate on what to expect regarding global industrial, agricultural and biocidal chemical regulatory and policy initiatives. We give it our best shot in this article.

In April 2024, the US Environmental Protection Agency (EPA) opened an enormous can of worms for entities even remotely association with the generation, transport, use or disposal of two legacy per- and polyfluoroalkyl substances (PFAS): perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS). In designating the PFAS as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA greenlit the initiation of government-ordered...

Much speculation is growing about what to expect from the U.S. Environmental Protection Agency (EPA) in 2025 under the Trump administration. Donald Trump’s presidential campaign focused on downsizing the federal government, especially the EPA. The first Trump administration tried hard to cut the agency’s workforce and funding while working to decrease regulations it viewed as burdensome.  The new administration will likely follow a similar path, taking significant steps to roll back...

The number of per- and polyfluoroalkyl substances (PFAS) on the Toxics Release Inventory (TRI) list is expected to expand greatly. The U.S. Environmental Protection Agency (EPA) proposed on Oct. 8, 2024, to add 16 PFAS and 15 PFAS categories representing more than 100 individual PFAS subject to reporting under the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Pollution Prevention Act (PPA) to comply with the National Defense Authorization Act for Fiscal Year 2020 (NDAA). The...

We heard a loud, collective sigh of relief when the U.S. Environmental Protection Agency (EPA) unexpectedly published a direct final rule on Sept. 5, delaying the Toxic Substances Control Act (TSCA) perfluoroalkyl and polyfluoroalkyl substances (PFAS) reporting deadline by an additional eight months.  The rule delayed the deadline from May 8, 2025, to January 11, 2026. For any company reporting exclusively as an article importer and is also considered a small manufacturer, the...