B&C News: Lautenberg Implementation

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 >
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