B&C News: Lautenberg Implementation
June 7, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article "NGOs push for rare TSCA order to block Texas company’s plastic fluorination"
On June 5, 2023, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a push from NGO's for the U.S. Environmental Protection Agency's (EPA) to use for the first time its authority under the Toxic Substances Control Act (TSCA) section 5 to block a Texas-based company from using a plastic fluorination process that generates several types of long-chain per- and polyfluoroalkyl substances (PFAS).
If the EPA were to make a 5(f) determination in this case, the implications would be "all ... read more >
May 26, 2023
Richard E. Engler, Ph.D. and Catherine M. Croke, DBA to Present During Chemical Watch’s “TSCA Fundamentals” Course
Tuesday, June 6, and Thursday, June 8, 2023, via webinar
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Director of Chemistry, Richard E. Engler, Ph.D., and Director of Product Stewardship and Regulatory Affairs, Catherine M. Croke, DBA, will join Chemical Watch to present TSCA Fundamentals. This two-day course will offer in-depth training on the very latest Toxic Substances Control Act (TSCA) regulatory and policy developments, their impact, and how to anticipate their requirements, comply with the law, and remain ... read more >
May 24, 2023
Recording Available for “TOP TSCA TOPICS: PFAS Cumulative Risk, NAMs, Risk Evaluations, CBI, and More”
Bergeson & Campbell, P.C.’s (B&C®) May 17, 2023, webinar, “TOP TSCA TOPICS: PFAS, Cumulative Risk, NAMs, Risk Evaluations, CBI, and More,” is now available for on-demand viewing. During this one-hour webinar, Anna B. Lowit, Ph.D., Senior Science Advisor, the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT); Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Lynn L. Bergeson, Managing Partner, B&C, discussed groundbreaking science policy initiatives in furtherance of implementation of the Toxic Substances ... read more >
May 2, 2023
Save the Date for “TSCA Reform -- Seven Years Later” on June 29, 2023
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to announce the seventh annual Toxic Substances Control Act (TSCA) conference, “TSCA Reform -- Seven Years Later,” to occur Thursday, June 29, 2023. This complimentary virtual conference featuring speakers from the U.S. Environmental Protection Agency (EPA) and non-governmental and industry stakeholders will provide updates on a host of topics, including the interface of science and policy under TSCA, new ... read more >
April 27, 2023
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “Mixed reception for workplace requirements in proposed TSCA methylene chloride rule"
On April 27, 2023, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the proposed TSCA risk management rule that would ban all consumer uses and most commercial applications of methylene chloride. For ten continuing uses, the agency outlined a new workplace chemical protection programme (WCCP) requiring adherence to exposure limits well below those set by the U.S. Occupational Safety and Health Administration (OSHA) and the EU’s occupational exposure limit values.
Richard ... read more >
April 19, 2023
Register Now for the “TOP TSCA TOPICS: Cumulative Risk, NAMs, Risk Evaluations, CBI, and More!” Webinar
May 17, 2023
11:00 a.m. - 12:00 p.m. EDT
REGISTER NOW
The U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) has advanced groundbreaking science policy initiatives in furtherance of implementation of the Toxic Substances Control Act (TSCA). As EPA advances New Approach Methodologies (NAM), cumulative risk assessment methodologies, and systematic review procedures, chemical stakeholders must understand directionally how these initiatives are influencing EPA decisions under TSCA Sections 5 and 6. Other consequential rulemakings involving ... read more >
April 13, 2023
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “EPA faces rare lawsuit over TSCA new chemical consent order"
On April 12, 2023, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding a federal lawsuite filed by a Mississippi community group against the U.S. Environmental Protection Agency (EPA), alleging the agency improperly approved the manufacture of a plastic-derived biofuel that "would result" in a high cancer risk to exposed residents.
Rich Engler, director of chemistry with Bergeson & Campbell, said the EPA frequently includes its worst-case estimates "without the protections ... read more >
April 11, 2023
Lynn L. Bergeson Quoted by Chemical Processing in Article “Chemical Plants Face Costs, Monitoring Challenges to Meet EPA’s Toxic Emissions Standards"
On April 11, 2023, Chemical Processing quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding the U.S. Environmental Protection Agency’s (EPA) proposed rule to cut toxic emissions by 6,000 tons per year.
The EPA estimated that chemical producers would incur about $501 million in total capital costs and approximately $190 million in total annualized costs to comply with updates to National Emissions Standards for Hazardous Air Pollutants, which the EPA proposed on April 6.
But the costs could be higher than the EPA’s ... read more >
April 5, 2023
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “EPA to gauge impact of TSCA new chemicals outreach initiative"
On April 4, 2023, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) process for reviewing new chemicals.
Chemical manufacturers should anticipate the EPA’s reviews of new chemicals to take a year or more, not the 90-180 days mandated by the law, said Richard Engler, director of chemistry at Bergeson & Campbell, P.C.
Yet “the agency is improving,” he said.
TSCA doesn’t require chemical manufacturers to provide toxicity ... read more >
March 29, 2023
Richard E. Engler, Ph.D. and Karin F. Baron, MSPH to Speak at GlobalChem 2023
April 3-5, 2023, Washington D.C.
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are proud to be sponsors of and presenting during the 2023 GlobalChem Conference. This three-day event offers authoritative speakers, in-depth sessions, and a chance to meet and reconnect with industry peers and key government representatives.
Highlights from the diverse and substantive program planned for GlobalChem attendees include:
New Chemicals Breakout Session -- In 2022, EPA initiated stakeholder outreach and a New Chemicals Collaborative Research Program to ... read more >
March 29, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “Can the US EPA reduce the cost of TSCA risk evaluations?"
On March 29, 2023, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) plan to to streamline reviews of existing chemicals.
Lynn Bergeson, managing partner of Bergeson & Campbell, says the agency’s reviews "should become more efficient over time".
There may be challenges in the medium term, as long-time staff retire and the agency onboards and trains new assessors. But Bergeson adds: "Within two to five years, we suspect the ... read more >
March 28, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “EPA to gauge impact of TSCA new chemicals outreach initiative"
On March 28, 2023, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) plan to look at incoming pre-manufacture notices (PMNs) to determine the success of its recent industry outreach to reduce ‘rework’ in Toxic Substances Control Act (TSCA) new chemical assessments. The plan follows the agency’s TSCA new chemicals engineering initiative, which aimed to streamline and enhance the transparency of pre-market reviews by explaining how ... read more >
March 8, 2023
Lynn L. Bergeson and Carla N. Hutton Chosen as Top Authors by JD Supra Readers
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson and Regulatory Analyst Carla N. Hutton have been recognized in the 2023 JD Supra Readers Choice Awards as top authors in the Environment section. This is Ms. Bergeson’s seventh Readers Choice award, which recognizes the most-read and -shared articles posted on JD Supra, a legal news service, and Ms. Hutton’s first. B&C’s monthly “Wrap-Up of Federal and State Chemical Regulatory Developments” is always widely read and shared. Other popular articles from ... read more >
February 16, 2023
Lynn L. Bergeson Quoted by Bloomberg Law in Article “EU Inaction on Nanomaterials Leading to Risks, Groups Say"
On February 15, 2023, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding claims by environmental groups that the European Union (EU) has failed to update rules on nanomaterials, leading to insufficient information being provided about the potential health and environmental risks posed by the substances.
An update of REACH is being prepared that will, among other things, write the mid-2022 definition of nanomaterials into the law, Kobe, [a policy officer in the European Commission’s environment ... read more >
February 2, 2023
“What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar Available On-Demand
Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed the U.S. Environmental Protection Agency’s (EPA) priorities, leadership, and ... read more >
January 25, 2023
Lynn L. Bergeson Joins Craig Williams for Lawyer 2 Lawyer Episode “Environmental Law Series: Inside The Toxic Substances Control Act”
On January 20, 2023, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) joined Craig Williams for “Environmental Law Series: Inside The Toxic Substances Control Act” on the Environmental Law series of the Lawyer 2 Lawyer podcast. During this conversation, Ms. Bergeson and Mr. Williams discuss history and impact of the Toxic Substances Control Act (TSCA) on the manufacturing, processing, distribution, use, and disposal of commercial and industrial chemicals. This episode, and a transcript, are available ... read more >
January 18, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “What should we expect from TSCA in 2023?"
On January 18, 2023, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding changes expected from the U.S. Environmental Protection Agency (EPA) in the coming year.
According to attorneys at Bergeson & Campbell, the EPA has pulled senior scientists from across the agency to assist with new chemicals reviews, while continuing to hire new ones. "The onboarding and training of new assessors will take time, but EPA’s performance in reviewing PMNs should improve throughout ... read more >
January 11, 2023
Register Now for “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar
Registration is open for the “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” webinar on January 31, 2023, 11:00 a.m. - 12:00 p.m. (EST).
This webinar offers our best-informed judgment as to the trends and key developments chemical industry stakeholders can expect in 2023. At a political level, the Republicans’ narrow control of the U.S. House of Representatives will almost certainly invite a greater degree of oversight of U.S. Environmental Protection Agency (EPA) actions, particularly with respect to implementation of the 2016 amendments ... read more >
January 6, 2023
Lynn L. Bergeson Quoted by Finishing and Coating in Article “Hiding in Plain Sight: PFAS May Enter Shop on Customer Parts"
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted in the January 2023 issue of Finishing and Coating regarding the presence of per-and polyfluoroalkyl substances (PFAS) in materials used around the electroplating process.
“We live in a brave new world indeed,” says Lynn Bergeson, an attorney, and managing partner at Bergeson & Campbell, a firm in Washington D.C. that has been representing businesses in cases brought by the U.S. EPA for several decades.
“We all are beginning to appreciate the ubiquity of ... read more >
January 6, 2023
Bergeson & Campbell, P.C. Releases 2023 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023.
Here at home, most would agree the Biden Administration has made bold and consequential ... read more >
December 9, 2022
Todd J. Stedeford Quoted by Chemical Watch in Article “TSCA Snur restricting carbon nanotubes poses ‘challenges’ for renewable battery sector"
On December 8, 2022, Chemical Watch quoted Todd J. Stedeford, Ph.D., DABT®, ERT, ATS, Of Counsel, Bergeson & Campbell, P.C. (B&C®), regarding a proposed Toxic Substances Control Act (TSCA) significant new use rule (SNUR) restricting the use of multiwalled carbon nanotubes (MWCNTs).
Todd Stedeford, counsel with Bergeson & Campbell, said the challenges presented by the proposed Snur are "not necessarily" unique to renewable battery companies.
Each processor of an article containing a covered MWCNT "would have to ... read more >
November 30, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Industry backs small business panel recommendations for TSCA PFAS reporting rule"
On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency's (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule.
Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27 December – indicates that the agency could narrow ... read more >
November 15, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Fees Companies Must Pay EPA to Oversee Their Chemicals Soar"
On November 15, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) proposal to significantly increase fees chemical manufacturers would have to pay it to evaluate chemical risks and expand fees paid by companies that mix, but don’t make chemicals.
The “fees are surprisingly high” in keeping with the agency’s warning of “sticker shock,” said Richard E. Engler, director of chemistry for Bergeson & ... read more >
November 9, 2022
Register Now for “Articles under TSCA” Webinar
This webinar has been rescheduled from December 7, 2022. The new and correct date and time is December 14, 2022, 12:00 p.m. – 1:00 p.m. (EST).
Registration is open for the "Articles under TSCA" webinar on December 14, 2022, 12:00 p.m. - 1:00 p.m. (EST).
When the Toxic Substances Control Act (TSCA) was enacted in 1976, the U.S. Environmental Protection Agency (EPA) focused its attention on chemical substances and chemical mixtures, while largely exempting the regulation of chemicals in “articles,” generally meaning finished products or manufactured goods. ... read more >
November 2, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “TSCA workplace exposure limits not in works for three substances"
On November 2, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) confirmation that it does not plan to develop Toxic Substances Control Act (TSCA) ‘existing chemical exposure limits’ (ECEL) for three of the first ten chemicals evaluated under the amended law: the colourant PV29, the flame retardant HBCD and the solvent NMP.
It could mean the agency "is planning to pursue either more or less stringent requirements than an ... read more >
October 28, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Scientific standards could take centre stage in future TSCA litigation"
On October 27, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency's (EPA) announcement that it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach.
The EPA issued "a very consequential memorandum" in June 2021 when it said it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach, Lynn Bergeson of ... read more >
September 19, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Bloomberg Law in Article “Lanxess Agrees to Drop Case Over EPA’s Chemical Test Order"
On September 19, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding a federal court's dismissal of Lanxess AG‘s petition asking to challenge an EPA order after the agency clarified that Lanxess and certain other chemical manufacturers wouldn’t be required to test chemicals they formerly made.
Lynn Bergeson, managing partner of Bergeson & Campbell PC, which intervened in the case on behalf of chemical service ... read more >
September 7, 2022
Register Now for "Environmental, Social, and Governance Issues: A Business Imperative" on October 11, 2022
October 11, 2022
12:00 p.m. - 1:00 p.m. (EDT)
REGISTER NOW
Environmental, Social, and Governance (ESG) performance is more than an aspiration, and realizing it in real time is not easy. A well-designed ESG strategy can achieve meaningful improvements in corporate performance and provide real value to stakeholders through specific commitments to corporate responsibility. Any such approach, however, must be measurable, transparent, and accountable. Join experts from FTI Consulting, Christine DiBartolo and Ken Ditzel, and Lynn L. Bergeson, for a Bergeson & Campbell, P.C. ... read more >
August 24, 2022
B&C Quoted by Chemical Watch in Article “US EPA to consider all exposures in premarket chemical reviews”
On August 23, 2022, Chemical Watch quoted the Bergeson & Campbell, P.C. (B&C®) memoradum "EPA Will Discontinue Use of Exposure Modeling Thresholds When Assessing Health and Environmental Risks of New Chemicals," regarding the U.S. Environmental Protection Agency's (EPA) plan to discontinue the use of exposure modeling thresholds when assessing the health and environmental risks of new chemicals under the Toxic Substances Control Act (TSCA) New Chemicals Program.
Law firm Bergeson & Campbell said in an online commentary that it "disagrees ... read more >
August 23, 2022
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “Firefighting foam maker sues US EPA over PFAS test order”
On August 22, 2022, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding a recent lawsuit by a firefighting foam producer against the U.S. Environmental Protection Agency (EPA) for including the producer in the agency’s initial PFAS TSCA test order, saying it neither manufactures nor processes the surfactant 6:2 fluorotelomer sulfonamide betaine (6:2 FTSB) that is subject to it.
Rich Engler, director of chemistry at Bergeson & Campbell, added that "whether it is appropriate for EPA to ... read more >
August 23, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “New Chemicals Exposure to Get Closer Look in EPA Policy Update”
On August 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding an announcement that the U.S. Environmental Protection Agency (EPA) plans to more closely analyze new chemicals to better understand the extent to which they’ll get into the environment, where people might breathe, touch, or ingest them.
Lynn L. Bergeson, managing partner for Bergeson & Campbell PC, which specializes in chemical laws, described EPA’s announcement as “very unexpected.”
“Without notice ... read more >
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"
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 ... read more >
August 5, 2022
Webinar Recording Available: “TSCA New Approach Methodologies”
Bergeson & Campbell, P.C.’s (B&C®) August 3, 2022, webinar “TSCA New Approach Methodologies” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/8166994675079284995.
During this one-hour webinar, panelists shared a comprehensive review of the U.S. Environmental Protection Agency’s (EPA) use of New Approach Methodologies (NAM) in evaluating chemicals under the Toxic Substances Control Act (TSCA). Kristie Sullivan, MPH, Vice President of Research Policy with the Physicians Committee for Responsible Medicine (PCRM), ... read more >
July 22, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Three Lawsuits Aim to Shape EPA’s Use of Chemical Test Orders”
On July 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding three lawsuits that challenge the US Environmental Protection Agency’s (EPA) authority to order chemical manufacturers to generate information on their products.
“The Lanxess and Vinyl Institute cases are, to me, a predictable result of a chaotic rollout of EPA Section 4 Test Order efforts,” said Lynn L. Bergeson, managing partner with Bergeson & Campbell PC, which specializes in chemical regulations implemented by ... read more >
July 6, 2022
Register Now for “TSCA New Approach Methodologies”
Wednesday, August 3, 2022
12:00 p.m. - 1:00 p.m. (EDT)
Register Today
The 2016 amendments to the Toxic Substances Control Act (TSCA) require the U.S. Environmental Protection Agency (EPA) “to reduce and replace” vertebrate animals to the extent practicable, scientifically justified, and consistent with TSCA policies. EPA is also required to “develop a strategic plan to promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing and provide information of equivalent or better scientific ... read more >
June 29, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Cutting Industry Negotiation Said to Speed EPA Chemical Controls”
On June 29, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), discussing the use of chemical consent orders to speed up the new chemical review process.
Directly issuing orders would not resolve all the delays new chemical manufacturers experience, said Richard Engler, director of chemistry for Bergeson & Campbell, PC. The EPA’s new chemicals office already has negotiated nearly 200 consent orders for new chemicals, he said.
But the manufacturers of those new chemicals can’t fully ... read more >
June 2, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA: EPA unlikely to defer risk management to other federal agencies”
On May 31, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a recent proposed Toxic Substances Control Act (TSCA) risk management rule that provides insights into the potentially limited extent to which the U.S. Environmental Protection Agency (EPA) will defer to other agencies, despite concern from industry that this could lead to duplicative requirements.
Richard Engler, director of chemistry at law firm Bergeson & Campbell, said he expects the agency will be open to ... read more >
May 27, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “First Lawsuit Challenging EPA’s Chemical Test Order Filed”
On May 26, 2022, Bloomberg Law quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a lawsuit filed by a coalition of companies making a solvent that the U.S. Environmental Protection Agency’s (EPA) is examining for possible regulation. The coalition is asking a federal court to overturn an agency order seeking data to understand whether the chemical could harm wildlife.
Lynn L. Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical regulations, said she couldn’t ... read more >
May 23, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA asbestos proposal to put cost-benefit considerations under the microscope”
On May 20, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency's (EPA) proposal to ban all ongoing uses of chrysotile asbestos, including a two-year deadline for the chlor-alkali industry to stop using asbestos diaphragms in the production of chlorine.
The 12 April proposal – the first issued under the amended TSCA in response to a completed risk evaluation – floats what the agency calls an "aggressive ... read more >
May 20, 2022
Webinar Recording Available: “Domestic Chemical Regulation and Achieving Circularity”
Bergeson & Campbell, P.C.’s (B&C®) May 18, 2022, webinar “Domestic Chemical Regulation and Achieving Circularity” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/2013797750853340422. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C, moderated a timely and fascinating review of the state of sustainable chemical regulation in the United States with Kate Sellers, Technical Fellow, ERM; Mathy Stanislaus, Vice Provost, Executive Director, The Environmental Collaboratory, Drexel University; and Richard E. ... read more >
April 6, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “How the US EPA has fired a ‘warning shot’ on enforcement of PFAS requirements”
On April 5, 2022, Chemical Watch quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency’s (EPA) recent policy interpretation on the fluorination of high-density polyethylene (HDPE) containers.
[I]n some respects, there has been little surprise at the agency’s view that the generation of certain PFASs during the fluorination of polyolefins – including polyethylene – is an activity covered under the 2020 long-chain perfluoroalkyl carboxylate (LCPFAC) TSCA significant ... read more >
April 1, 2022
TSCA New Chemicals Coalition Quoted in Chemical Watch Article “Companies call for EPA to keep TSCA inventory corrections process”
On March 31, 2022, Chemical Watch reported on a letter written by the TSCA New Chemicals Coalition (NCC) calling on the U.S. Environmental Protection Agency (EPA) to suspend its plans to revoke a decades-old policy allowing companies to request corrections to the TSCA inventory.
The TSCA New Chemicals Coalition – an ad hoc group represented by the law firm Bergeson & Campbell – said scrapping the process could give rise to a host of unintended consequences. It also questioned the legality of the agency making the change without an ... read more >
March 28, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Chemical Makers Ask EPA to Fix, Not Drop, Corrections Policy”
On March 25, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified.
If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it could issue guidance describing the information needed to support a correction request, ... read more >
March 15, 2022
B&C Quoted in Chemical Watch Article “Plan to exclude PPE from TSCA risk evaluations sparks industry outcry"
On March 14, 2022, Bergeson & Campbell, P.C. (B&C®) was quoted by Chemical Watch on the U.S. Environmental Protection Agency's (EPA) decision to no longer consider personal protective equipment (PPE) use in Toxic Substances Control Act (TSCA) risk evaluations.
Law firm Bergeson & Campbell said assuming PPE will not be used, including in cases where required by the Occupational Safety and Health Administration (Osha), "is not based on reasonably available information, impermissibly assumes intentional misuse and considers ... read more >
March 15, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “Stakeholders clash over chlor-alkali restrictions under imminent TSCA asbestos rule"
On March 14, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding conflicting visions for the upcoming asbestos Toxic Substances Control Act (TSCA) risk management rule.
Lynn Bergeson, managing partner at law firm Bergeson & Campbell, told Chemical Watch the EPA must look at the availability of "technically and economically feasible alternatives that benefit health or the environment" when adopting risk management rules to reduce unreasonable risk identified in ... read more >
March 2, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA to scrap TSCA inventory corrections process"
On March 1, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch responding to the U.S. Environmental Protection Agency's (EPA) announcement that it will no longer allow companies to request corrections to the Toxic Substances Control Act (TSCA) inventory and instead require them to submit a pre-manufacture notice (PMN) for improperly identified substances.
The decision "is entirely unprincipled and based on a flawed understanding of the correction process and its continuing ... read more >
March 1, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article "EPA Drops Policy Chemical Makers Use to Correct Critical List"
On Feburary 28, 2022, Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) announcement that, as of April 26, it will no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified.
If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it could issue guidance describing the ... read more >
February 16, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Inside TSCA in “Industry Sees NAMs Aiding New Chemical Reviews, But Laments PPE Delays"
On February 15, 2022, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Inside TSCA regarding the U.S. Environmental Protection Agency's (EPA) application of new approach methods (NAMs) and category-based analyses for new-chemical reviews.
An industry attorney says EPA’s application of new approach methods (NAMs) and category-based analyses for new-chemical reviews is helping some substances move through the TSCA process quickly and in a ... read more >
February 2, 2022
“What to Expect in Chemicals in 2022” Webinar Recording Available Now
Bergeson & Campbell, P.C.’s (B&C®) January 26, 2022, webinar “What to Expect in Chemicals in 2022” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/864194569862780944. During the 1-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and James V. Aidala, Senior Government Affairs Consultant, B&C offered their best informed judgment as to the trends and key developments chemical industry stakeholders should expect to see from the U.S. Environmental ... read more >
January 24, 2022
Chemical Watch Quotes Richard E. Engler, Ph.D., Regarding CBI Claim Issues
On January 24, 2022, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry with Bergeson & Campbell, P.C. (B&C®), in the article "Proposal on the horizon to update TSCA confidentiality procedures."
According to Richard Engler, director of chemistry at industry law firm Bergeson & Campbell and a 17-year veteran of the EPA, this could be aimed at ensuring the agency can get in touch with CBI claim holders.
"One of the challenges EPA faces is maintaining contact with submitters so that when CBI claims sunset ... read more >
January 20, 2022
What to Expect in Chemicals in 2022
What to Expect in Chemicals in 2022
WEBINAR
January 26, 2022
12:00 p.m. - 1:00 p.m. EST
Register Now
Momentous changes initiated in 2021 will continue to influence policy development and rulemakings in 2022. Administration appointments in political leadership positions have been filled. New policies and priorities have been unveiled, and with Democrats in control, a more encouraging attitude toward regulation and regulatory initiatives has taken root.
Notwithstanding the emphasis declared by the White House about the issues of climate change and environmental ... read more >
January 5, 2022
Register Now for “What to Expect in Chemicals in 2022”
2022 will bring competing priorities for the U.S. Environmental Protection Agency (EPA) for which companies should now prepare. Bergeson & Campbell, P.C. (B&C®) is pleased to present “What to Expect in Chemicals in 2022,” a webinar offering our best informed judgment as to the trends and key developments B&C’s legal, scientific, and regulatory professionals expect to see in 2022. These include consequential policy shifts reflecting the Biden Administration’s “all of government” commitment to environmental justice and continuing evolution of ... read more >
January 3, 2022
Bergeson & Campbell, P.C. Releases 2022 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2022. The extraordinary diversity and complexity of global industrial, agricultural, and biocidal chemical initiatives in which our clients engage are reflected in the detailed summary that follows, prepared by the legal, scientific, and regulatory professionals of B&C, Acta, and BCCM. In this comprehensive overview, we offer our best informed judgment as to the trends ... read more >
November 29, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “Chemical Makers Face First of Two EPA Fee Hikes”
On November 24, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Bloomberg Law regarding planned increases for Toxic Substances Control Act (TSCA) fees.
Lynn L. Bergeson, managing partner, with Bergeson and Campbell PC, said EPA’s fee revisions will be the “main event” for companies to watch.
Tuesday’s announcement appears to be the statute’s routine adjustment to fees for inflation, said Richard Engler, director of ... read more >
November 23, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Chemical Watch in “TSCA approach for addressing abandoned PFASs may invite criticism”
On November 23, 2021, Chemical Watch featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, regarding a U.S. Environmental Protection Agency (EPA) plan to use Toxic Substance Control Act (TSCA) significant new use rules (SNUR) to address inactive per- and polyfluoroalkyl substances (PFAS).
"The Snur authority is a de facto bar to manufacture/import," Lynn Bergeson and Rich Engler of law firm Bergeson & Campbell said. Requiring companies to submit a significant ... read more >
November 12, 2021
James V. Aidala Quoted in Inside TSCA Article “Former Official Says PFAS Patchwork Shows Failures Of TSCA Preemption”
On November 11, 2021, James V. Aidala, Senior Government Affairs Consultant, Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA’s Inside TSCA regarding state regulations of per- and polyfluoroalkyl substances (PFAS).
A former EPA toxics chief says Michigan’s new executive order limiting purchases of products made with per- and polyfluoroalkyl substances (PFAS) not only expands a nationwide patchwork of state-level PFAS policies, but shows that the reformed TSCA’s preemption provision “works on paper, but rarely works in ... read more >
November 9, 2021
Chemical Watch Article “Stakeholders see room for improvement in US EPA’s PFAS categorization” Features Comments by Richard E. Engler, Ph.D.
On November 9, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency’s (EPA) classification of per- and polyfluoroalkyl substances (PFASs) for company-funded testing under the Toxic Substances Control Act (TSCA).
According to Richard Engler, director of chemistry for law firm Bergeson & Campbell, the agency has "come down somewhere in the middle" between examining the huge variety of PFASs as one class and as single compounds, ... read more >
October 7, 2021
Chemical Watch Features Comments by Richard E. Engler, Ph.D., Regarding Delays in the TSCA New Chemicals Review Process
On October 7, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch in the article “TSCA new chemicals review process has ground to a halt, say industry groups.”
The TSCA new chemicals review process has "slowed dramatically" over the past year, according to trade groups and industry attorneys, a development they say poses a threat to innovation and the introduction of sustainable chemicals.
[…]
"The current delays are reminiscent of the ‘backlog’ ... read more >
September 22, 2021
PFAS Reporting Rules Webinar Recording and Q&A Document Available Now
Bergeson & Campbell, P.C. (B&C®) is pleased to offer the recording, slides, and written Question and Answer (Q&A) document from our “PFAS Reporting Rules -- What Every Company Needs to Know” webinar, focusing on the U.S. Environmental Protection Agency’s (EPA) proposed reporting rules for per- and polyfluoroalkyl substances (PFAS), presented by B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D.
Do you wonder if the PFAS reporting rules extend to domestically-produced articles? Or if businesses that incorporate ... read more >
September 14, 2021
Chemical Watch Features Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., Regarding Compliance Challenges of EPA’s PIP Rule
On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were quoted by Chemical Watch in the article “US EPA ‘turns up the heat’ on industry to demonstrate PIP rule challenges.”
The EPA, however, has made clear that it will not give [companies] further time lightly.
Many commenters "did not provide sufficiently specific information about their operations to support their assertions" that more time was needed to comply, it said ... read more >
September 14, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA’s timeline to rework TSCA PBT rules ‘impossible to justify’, NGOs say”
On September 14, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding criticism of the U.S. Environmental Protection Agency’s (EPA) decision to grant industry additional time to comply with a Toxic Substances Control Act (TSCA) prohibition on phenol, isopropylated phosphate (3:1) – or PIP (3:1) – in articles.
Some in industry, however, argue the approach represents the agency’s best effort in a tricky situation.
Lynn Bergeson, managing director at Bergeson & ... read more >
August 12, 2021
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Plunge in New Chemical Requests Hurts Innovation, Lawyers Say”
On August 12, 2021, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) review process for new chemicals.
Richard E. Engler, who directs chemistry at Bergeson and Campbell PC, said the EPA still decided to regulate a new chemical after concluding it would pose “no unreasonable risk"—the safest conclusion the agency can reach. Engler said his client provided 100 pages worth of data showing the chemical was safe and needed ... read more >
August 12, 2021
PFAS Reporting Rules -- What Every Company Needs to Know
WEBINAR
Thursday, September 9, 2021
11:00 a.m. – 12:00 p.m. (EDT)
Register Now
PODCAST
Available Now
Listen Here
Transcript Available Here
When it comes to per- and polyfluoroalkyl substances (PFAS), the U.S. Environmental Protection Agency (EPA) is not messing around. The agency announced on June 10, 2021, three actions intended to protect communities from PFAS:
proposing a rule designed to obtain comprehensive data on more than 1,000 PFAS manufactured in the United States;
withdrawing guidance that EPA believes weakened its July 2020 significant new use rule (SNUR) ... read more >
August 11, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “Industry presses US EPA to scale back PFAS reporting rule”
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 ... read more >
July 28, 2021
Register for In-Person TSCA Training Led by Richard E. Engler, Ph.D., at ChemEdge
8:00 a.m. – 2:00 p.m. CDT
Wednesday, August 11, 2021, San Antonio, TX
There is no better way to prepare yourself and your company to meet TSCA compliance requirements than by enrolling in a day-long workshop lead by Richard E. Engler, Ph.D., Director of Chemistry at Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta) and a 17-year veteran of the U.S. Environmental Protection Agency (EPA). Any company that imports, stores, repackages, processes, uses, or disposes of industrial chemicals is subject to the Toxic Substances Control Act (TSCA). The National Association of ... read more >
July 13, 2021
Recording of “TSCA Reform: Five Years Later” Conference and Other Resources Available Now
The “TSCA Reform - Five Years Later” conference held June 30, 2021, featured in-depth discussion, spirited debate, and news-making statements over the course of six virtual panels. A full recording of the event with additional suggested readings and other resources are available on the Environmental Law Institute (ELI) website for members of ELI.
A detailed summary of the event with commentary is available in Bergeson & Campbell, P.C.’s (B&C®), July 1, 2021, memorandum, “ELI Concludes Another Successful Annual TSCA Conference.” B&C prepared ... read more >
July 12, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article “Fujifilm discontinues US sales of PIP 3:1-containing film”
On July 8, 2021, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted by Chemical Watch regarding a U.S. Environmental Protection Agency (EPA) plans to begin enforcing PIP 3:1 prohibitions in September.
Many businesses and their supply chains were "caught flat-footed" by the restrictions, said Lynn Bergeson, a partner with Bergeson & Campbell who advises companies and trade associations on TSCA compliance and the regulation of chemicals. At the same time, "the passage of a modest amount of time has not moved the needle ... read more >
July 8, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article "Chemical Reviews Will Ensure Worker Safety, EPA Toxics Head Says"
On July 7, 2021, Bloomberg Law featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a U.S. Environmental Protection Agency (EPA) announcement of policies to review the first round of chemical analyses that were performed under the 2016 amendments to the Toxic Substances Control Act (TSCA). The Biden administration is concerned the Trump administration’s policies to examine chemicals’ risks led to conclusions that ignored too many ways the chemicals might harm people or the environment.
Others are concerned ... read more >
July 1, 2021
Comments Made by Lynn L. Bergeson, Michal Freedhoff, Ph.D., and More during TSCA Reform Conference Featured in Bloomberg Law Article "EPA to Revisit Whether Eight Chemicals Too Risky for People"
On June 30, 2021, Bloomberg Law featured quotes from the TSCA Reform – Five Years Later conference regarding a U.S. Environmental Protection Agency (EPA) plan to revisit whether eight chemicals the agency already examined pose greater risks to workers and communities than the Trump administration found.
The eight chemicals are seven solvents—methylene chloride, trichloroethylene (TCE), carbon tetrachloride, n-methylpyrrolidone (NMP), 1-bromopropane (1-BP), perchloroethylene (PERC), and 1-4 dioxane—along with the cyclic aliphatic bromide cluster (HBCD), a group of three ... read more >
June 22, 2021
Register Now for “TSCA Reform—Five Years Later” on June 30, 2021
Wednesday, June 30, 2021
9:00 a.m. - 4:30 p.m. (EDT)
Register Now
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive into a host of topics, including ... read more >
June 18, 2021
Comments by Christopher Blunck Featured in Chemical Watch Article “Breadth of US EPA’s proposed PFAS reporting rule unprecedented, experts say”
On June 17, 2021, Chemical Watch published insights from Christopher R. Blunck, Of Counsel, Bergeson & Campbell, P.C. (B&C®), regarding a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule that includes downstream users and small businesses with a lack of exemptions for the compounds’ occurrence as byproducts or impurities.
That is "an extremely broad reporting requirement", said Christopher Blunck, of counsel with Bergeson & Campbell. The proposed rule’s absence of limits or conventional exemptions is "not precedented", he ... read more >
June 17, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article "EPA’s Flame Retardant Rule Offers Chemical Lesson for Businesses"
On April 9, 2021, Bloomberg Law featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a U.S. Environmental Protection Agency (EPA) rule restricting industrial uses of a popular flame retardant is causing headaches for equipment manufacturers and demonstrating how the nation’s chemicals law can upend global supply chains.
But the Environmental Protection Agency was besieged by industry pleas for help soon after the new administration came into office in January, so it took an unusual step. ... read more >
May 27, 2021
Registration Opens for “TSCA Reform – Five Years Later,” an Essential Annual TSCA Event
A Timely and Essential Complimentary Conference
Wednesday, June 30, 2021
9:00 a.m. - 4:30 p.m. (EDT)
Register Now
Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Five Years Later.” This complimentary virtual conference marks the fifth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. ... read more >
May 24, 2021
Lynn L. Bergeson Quoted by Law 360 in "4 Ways Biden Is Making Headway On Chemical Oversight"
On May 21, 2021, Law 360 quoted Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding some of the first moves of the Biden Administration.
President Joe Biden picked Michal Freedhoff, who helped draft the amendments and worked for the Democrats on the Senate Environment and Public Works Committee during the Trump administration, to lead the agency's Office of Chemical Safety and Pollution Prevention. Freedhoff is already in place at the agency, where she serves as the principal deputy assistant administrator, and was involved in ... read more >
May 20, 2021
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “What would substance-wide TSCA risk determinations and other new approaches mean for stakeholders?”
On May 20, 2021, Chemical Watch featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding recent policy shifts signaled by the US EPA on how it conducts TSCA risk evaluations.
Incorporating environmental justice considerations "may present a significant analytical challenge if EPA seeks to move beyond a fenceline cumulative exposure approach", for example, if a worker is exposed at work and then through living near that facility, said Richard Engler, director of chemistry at Bergeson & Campbell. ... read more >
May 10, 2021
Outstanding TSCA Events This June: Conferences, In-Depth Training, and "TSCA Reform: Five Years Later" Symposium
Lawyers, regulatory experts, and product stewardship professionals engaged in Toxic Substances Control Act (TSCA) compliance have an unusually rich array of conferences and trainings to attend next month. Professionals of all levels and tenures can find programs to meet their requirements, from one-day key developments updates, to multi-day fundamentals training, to “TSCA Reform: Five Years Later,” the fifth anniversary of this celebrated symposium, presented by the Environmental Law Institute (ELI), the George Washington University Milken Institute School of Public Health, ... read more >
April 9, 2021
Lynn L. Bergeson Quoted in Chemical Watch Article "EPA prepares to issue TSCA PFAS reporting rule proposal"
On April 9, 2021, Chemical Watch featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule under the Toxic Substances Control Act (TSCA), requiring manufacturers to submit detailed information on these compounds to guide potential regulatory action.
The US EPA is nearing completion of a proposed per- and polyfluoroalkyl substance (PFAS) reporting rule under TSCA, requiring manufacturers to submit detailed information on these compounds to guide potential ... read more >
April 6, 2021
Save the Date: TSCA At Five Virtual Conference, June 30, 2021
SAVE THE DATE
NEW TSCA AT FIVE
Virtual Conference
June 30, 2021
This June marks the fifth anniversary of the enactment of the game-changing Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). With a new Administration and the relentless pace of regulatory developments related to Lautenberg implementation, there are many issues to consider and problems to solve.
The Environmental Law Institute (ELI), the George Washington University Milken Institute School of Public Health, and Bergeson & ... read more >
March 24, 2021
Product Stewardship and the Pandemic: Surviving and Thriving in Disruptive Times
March 31, 2021
1:30 p.m. - 3:00 p.m. EDT
Register here
The COVID-19 global pandemic has had far-reaching impacts on business operations. While we are all eager to put the pandemic behind us, other catastrophic events will inevitably occur. To strengthen organizational resilience going forward, we must examine lessons learned and position product stewardship as a key player in business continuity and crisis management.
This complimentary future-focused webinar, hosted by the Product Stewardship Society (PSS), will identify the broad range of complex, unresolved, and evolving issues product ... read more >
March 22, 2021
Spring Arrives with a Slate of Exciting Virtual Events and Trainings
Bergeson & Campbell, P.C. (B&C®) is pleased to share information regarding a full slate of upcoming opportunities for chemical industry stakeholders to stay abreast of key regulatory developments both in the United States and internationally. We hope you will join B&C professionals, industry colleagues, and regulatory agency speakers for one or more of these events.
Key Regulatory Updates: Europe, Asia and the Americas 2021
March 23-25, 2021
Register here
Chemical Watch presents Key Regulatory Updates: Europe, Asia and the Americas 2021, taking a ... read more >
February 9, 2021
Lynn L. Bergeson and Alexandra Dapolito Dunn to Present "Chemicals Regulation: Latest Developments" at Environmental Law 2021
The American Law Institute Continuing Legal Education (ALI CLE) and the Environmental Law Institute’s (ELI) Environmental Law 2021 webcast educates lawyers on key current environmental law issues, including the latest developments in air, water, endangered species, climate change, chemicals, and renewable energy. A national faculty of seasoned private practitioners, governmental officials, law professors, and public interest advocates will cover what to expect from the change of administrations in Washington D.C., with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. ... read more >
January 28, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted in Chemical Watch Article "TSCA implementation may be ‘significantly different’ under Biden"
On January 28, 2021, Chemical Watch featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C regarding changes to the Toxic Substance Control Act (TSCA) under Biden.
"TSCA implementation and interpretation could be significantly different" under the new administration, Lynn Bergeson, managing partner at Bergeson & Campbell, told Chemical Watch.
[...]
Ms. Bergeson agreed that there is enough ambiguity in the rule to allow for different policy interpretations. "Any ... read more >
January 26, 2021
Comments by Lynn L. Bergeson Featured in Chemical Watch “Global Outlook 2021: Risk assessment and management under TSCA – what should we expect?”
Chemical Watch’s “Global Outlook 2021: Risk assessment and management under TSCA – what should we expect?” includes a conversation between Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Terry Hyland, North America Managing Editor, Chemical Watch, regarding what to expect from the Biden Administration and the U.S. Environmental Protection Agency (EPA) in 2021. Excerpts from the article are below.
New challenges also lie ahead for the EPA, still working to update its TSCA fees rule and dealing with legal cases that could bring an ... read more >
January 20, 2021
Comments by Lynn L. Bergeson Discussing Biden Chemical Policy Featured in Bloomberg Environment & Energy Report
On January 20, 2021, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) were featured in the Bloomberg Environment & Energy Report article "Biden Day 1 Presages ‘Far More Aggressive’ Chemicals Stance."
Lynn Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical policies, saw the selected TSCA rules and policies as focusing on the entire process EPA has used to examine and regulate chemicals through an environmental justice “lens.”
That lens will find many problems, she said, ... read more >
January 12, 2021
Richard E. Engler, Ph.D. Quoted in Bloomberg Environment & Energy Report Article "OSHA, EPA to Share Trade Secrets in Joint New Chemicals Work"
On January 12, 2021, Bloomberg Environment & Energy Report featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding an agreement between the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) to share trade secrets about chemicals that manufacturers seek to produce or import.
Richard E. Engler, director of chemistry with Bergeson and Campbell PC, said unresolved questions—including who would regulate when—remain.
There are situations when either ... read more >
January 7, 2021
WEBINAR -- What to Expect When You're Electing (a New President)
What to Expect When You’re Electing
(a New President)
WEBINAR
January 28, 2021
1:00 p.m. - 2:00 p.m. EST
As a new Administration arrives in Washington, D.C., few things are certain except that 2021 is sure to be an eventful year, especially as the Democrats gain a majority in the House and what appears to be narrow control of the Senate. While underlying partisan jockeying and prospects for bipartisan cooperation will affect greatly what may happen in the more limited context of chemical regulation, the Biden Administration has already laid out priorities on the ... read more >
December 23, 2020
Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., Featured in Bloomberg Environment Article "Fuel-Chemicals Advisory Seen as ‘Unwanted’ EPA Parting Gift”
On December 23, 2020, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were featured by Bloomberg Environment regarding a recent U.S. Environmental Protection Agency (EPA) compliance advisory describing how the Toxic Substances Control Act (TSCA) applies to certain petroleum-based chemicals, along with renewable substitutes made from crops, fats, and waste oil.
[T]he EPA’s advisory is also “an unexpected and, to many, unwanted parting gift from the Trump ... read more >
December 17, 2020
Lynn L. Bergeson Quoted in Bloomberg Environment Article “Virus Prompts EPA to Let Chemical Makers Split Risk Analysis Fees”
On December 17, 2020, Bloomberg Environment featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) regarding a recent U.S. Environmental Protection Agency (EPA) decision to allow chemical manufacturers to split certain risk evaluation fee payments to the agency.
[T]he due date for the second payment offers some clarity for clients, said Lynn L. Bergeson, managing partner of Bergeson and Campbell, PC, which specializes in chemical regulations and policies.
“Several of our clients have received invoices, and no surprise there,” she ... read more >
September 3, 2020
Register Now for the All Virtual PSX 2020, September 15-17, 2020
Bergeson & Campbell, P.C. (B&C®) is a proud sponsor of the Product Stewardship Society’s (PSS®) PSX 2020 virtual conference. With a focus on promoting responsible design, development, and management of products throughout their life cycles, the PSX 2020 virtual conference offers a wide variety of education options indispensable to anyone in the chemical industry. Registration is open now, with a variety of attendance options. One does not have to be a member of PSS to register, though premium members do receive a 15% discount for the full event.
Lynn ... read more >
July 8, 2020
Available On-Demand: “TSCA Reform—Four Years Later” Virtual Seminar
On June 24, 2020, Bergeson & Campbell, P.C. (B&C®), The Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health presented “TSCA Reform -- Four Years Later.” A full recording of the seminar, including a keynote address by Alexandra Dapolito Dunn, Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA), and comments by the Hon. John Shimkus U.S. Representative, 15th District of Illinois, is available to watch now.
This complimentary ... read more >
May 19, 2020
Register for “TSCA Reform—Four Years Later” Virtual Seminar
“TSCA Reform -- Four Years Later” Provides a Vital Update on Where Lautenberg Implementation Stands Today
A virtual day-long symposium presented by the Environmental Law Institute (ELI), Bergeson & Campbell, P.C. (B&C®), and the George Washington University Milken Institute School of Public Health
Free and Open to the Public
Wednesday, June 24, 2020
9:30 a.m. - 4:30 p.m. (EDT)
Register Online
B&C, ELI, and the George Washington University Milken Institute School of Public Health are pleased to present "TSCA Reform -- Four ... read more >
May 15, 2020
Lynn L. Bergeson Named among Top 50 Women Super Lawyers in Washington, D.C.; Earns Band 1 Ranking from Chambers and Partners
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that Managing Partner Lynn L. Bergeson has again been recognized by Thomson Reuters’ Super Lawyers as one of the “Top 50 Women” practicing law in Washington, D.C. in 2020. She was also named a Super Lawyer in Environmental Law, a distinction she has earned consistently since 2008.
B&C is also pleased to announce that Ms. Bergeson has earned the highest ranking attainable in Chambers and Partners USA Guide 2020 for Environmental Law -- Band 1. In its review, Chambers states: ... read more >
May 6, 2020
“TSCA Reform—Four Years Later” Leads an Exciting Slate of Upcoming TSCA Events
“TSCA Reform -- Four Years Later” Leads an Exciting Slate of Upcoming TSCA Seminars, Workshops, and Trainings
Bergeson & Campbell, P.C. (B&C®) is pleased to share information regarding a full slate of upcoming opportunities for chemical industry stakeholders to stay abreast of key developments, adjusted due dates, and future plans regarding the implementation of the amended Toxic Substances Control Act (TSCA).
These events are virtual, vital, affordable, and presented in a variety of lengths and formats to fit the schedules of our valued clients as they ... read more >
May 6, 2020
Richard E. Engler, Ph.D., Presents “TSCA New Chemicals” during GlobalChem Webinar Series, May 13, 2020, 12:00 p.m. (EDT)
The 2020 GlobalChem webinar series addresses major developments in chemicals management and provides participants a chance to engage with policymakers and other key experts throughout the chemical industry value chain. On May 13, 2020, at 12:00 p.m. (EDT), Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), will present during the "TSCA New Chemicals" webinar. Other presenters include Lynn Dekleva, Ph.D., Associate Deputy Assistant Administrator for New Chemicals, EPA Office of Chemical Safety and Pollution Prevention (OCSPP), ... read more >
April 1, 2020
Acta Group Launches CDR Cross-Check™ To Assist Companies in Identifying Chemical Data Reporting Requirements
The Acta Group (Acta®) announced today the launch of CDR Cross-Check™, an ingenious yet simple tool developed and offered by Acta to assist companies in preparing for the 2020 Chemical Data Reporting (CDR) required by the U.S. Environmental Protection Agency (EPA). CDR Cross-Check utilizes the most recent CDR listing information publicly available provided by EPA (currently, 2016 lists) to identify whether all or some of a company’s inventory of chemical substances are subject to CDR under the Toxic Substances Control Act (TSCA) and, if so, at what reporting threshold. CDR ... read more >
March 25, 2020
Lynn L. Bergeson Quoted in Bloomberg Environment Article “Auto, Other Importers to Get Chemical Fees Break, EPA Says”
On March 25, 2020, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) was quoted by Bloomberg Environment in response to the U.S. Environmental Protection Agency’s (EPA) decision to not go after certain companies that failed to identify themselves to help pay a portion of the chemical risk evaluation fee imposed by a Toxic Substances Control Act fee rule issued in October 2018. The exempted companies include those that import products such as cars, computers, and furniture that contain one or more of the 20 chemicals; manufacturers that produce the ... read more >
March 12, 2020
All Things Chemical™ Episode "TSCA Update — A Conversation with Richard E. Engler, Ph.D."
This week, I sat down with my colleague, Dr. Richard Engler, Director of Chemistry here at B&C and The Acta Group (Acta®). We brought everyone up to date on the U.S. Environmental Protection Agency’s (EPA) implementation of the Toxic Substances Control Act (TSCA) fee rule and how it applies to entities obligated to pay a portion of the $1,350,000 per chemical fee for preparing an EPA-initiated risk evaluation, the legal and regulatory significance of the supplemental rulemaking on long-chain perfluoroalkyl carboxylate (LCPFAC) chemicals and the precedent it sets for ... read more >
March 6, 2020
Lynn L. Bergeson and EPA Assistant Administrator Alexandra Dapolito Dunn Discuss What to Expect from New TSCA in 2020 as Chemical Risk Evaluations Ramp Up
On March 2, 2020, at ChemCon The Americas 2020 in Philadelphia, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and Alexandra Dapolito Dunn, Assistant Administrator, EPA Office of Chemical Safety and Pollution Prevention, sat down with Tjeerd Bokhout to discuss the implementation of Lautenberg and what can be expected through 2020. Ms. Dunn started off the discussion, noting that EPA is “getting our sea legs under us; we spent the first two or three years after enactment, really through 2019, setting up the bones of the program, the regulations, ... read more >
February 6, 2020
“All Things Chemical™ Podcast Episode "Are You Potentially Responsible for TSCA Fees? EPA Issues Preliminary Lists of Companies Responsible"
This week, I sat down with my colleague, Dr. Richard Engler, Bergeson & Campbell’s Director of Chemistry, to discuss what the fuss is over EPA’s January 27, 2020, issuance of a “preliminary list” of companies responsible for the $1,350,000 per-chemical fee EPA charges to conduct a risk evaluation of a high-priority chemical under TSCA Section 6. The scope of the entities “on the hook” is far broader than expected, and companies with little understanding of TSCA may be presumptively liable for these fees and TSCA enforcement scrutiny for failure ... read more >
January 23, 2020
B&C Launches TSCA Tutor™ Online, On-Demand Training Courses
Bergeson & Campbell, P.C. (B&C®) is pleased to announce the release of the complete suite of TSCA Tutor™ regulatory training courses online and on-demand at www.TSCAtutor.com. Professionals seeking expert, efficient, essential training can preview and enroll in on-demand classes to complete at their own pace and timing. In addition to the newly released online e-learning courses, B&C’s TSCA Tutor™ training platform offers live in-person training at a company’s site and customized live webinar training, so companies can mix and match training ... read more >
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©2023 Bergeson & Campbell, P.C.
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2200 Pennsylvania Avenue, NW, Suite 100W
Washington, D.C. 20037
202-557-3800 • 202-557-3836 (fax) | lawbc.com
Contact • Twitter
Privacy Policy | Terms of Use | Cookie Policy | Attorney Advertising | Trademarks
©2023 Bergeson & Campbell, P.C.
All Rights Reserved.
