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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 the rule as industry groups want. 

"EPA has discretion to do as it sees fit to elicit useful information that does not overwhelm the reporting community or impose outsized costs relative to any benefit," Ms Bergeson said. "EPA may well accept the spirit, if not the letter, of all (the SBAR panel) recommendations, as they are spot on."  

If adopted, she said, the revisions would balance the "opportunity to effectuate the NDAA without unduly burdening the regulated community". She is "hopeful EPA will temper its literal read of the NDAA and infuse the final rule with a more commonsense approach".  


The EPA’s statutory deadline to issue the final rule is 1 January. But with the consultation on the Irfa and updated economic analysis ending days shy of the new year, the agency will probably not hit that cutoff. 

Before the rule’s publication, the agency is likely to examine the feedback, alter the proposal as it deems appropriate and send the final version on to interagency review. That last step itself usually takes three months. 

According to Ms Bergeson, meeting the 1 January date would be "a stretch". 

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