Lautenberg Implementation | B&C<sup>®</sup> News

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 >

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