B&C News: Lautenberg Implementation

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 >
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