February 23, 2022

Lynn L. Bergeson, “PFAS: making sound investment decisions,” Financier Worldwide, March 2022.

The ubiquity of per- and polyfluoroalkyl substances (PFAS) and the manufacturing sector’s decades-long reliance on them to impart functionalities in a dizzying array of products put the investor between the proverbial rock and a hard place. PFAS varied chemical properties make the broad categorisation of ‘PFAS’ into a monolithic category of ‘forever chemicals’ chemically and scientifically questionable. For better or worse, however, that is exactly what is happening today, and...
February 23, 2022

EPA Updates Resources on Mercury Inventory Reporting Rule

The U.S. Environmental Protection Agency (EPA) announced on February 22, 2022, the release of the updated Mercury Electronic Reporting (MER) application and compliance guide for calendar year 2021 data reporting. According to EPA, the updates make it easier to report information about the supply, use, and trade of mercury. The mercury rule applies to any person who manufactures (including imports) mercury or mercury-added products (including pre-assembled products that contain mercury-added...
February 22, 2022

Canadian Government Introduces Bill Intended to Modernize CEPA

Environment and Climate Change Canada (ECCC) announced on February 9, 2022, that the government introduced in the Senate the Strengthening Environmental Protection for a Healthier Canada Act (Bill S-5), intended to modernize the Canadian Environmental Protection Act, 1999 (CEPA) and make related amendments to the Food and Drugs Act (FDA). The bill was initially introduced in the 43rd Parliament in April 2021 as Bill C-28, but it was not considered due to the federal election...
February 22, 2022

EPA’s Biofuels Webinar Series Will Include Webinar on TSCA Requirements and the PMN Process on Febru

By Lynn L. Bergeson and Carla N. Hutton   The U.S. Environmental Protection Agency’s (EPA) New Chemicals Program will hold a webinar on Wednesday, February 23, 2022, from 2:00 to 3:00 p.m. (EST) to learn about requirements under the Toxic Substances Control Act (TSCA) and the premanufacture notice (PMN) process for biofuels. As reported in our January 24, 2022, blog item, in January 2022, EPA announced an effort to streamline the review of new biobased or waste-derived chemicals that...
February 17, 2022

Toxics and Human Rights — A Conversation with Baskut Tuncak, Director of TURI

Download Transcript This week I had the pleasure of sitting down with Baskut Tuncak, newly named Director, the Toxics Use Reduction Institute (TURI), at the University of Massachusetts, Lowell. Baskut is a lawyer and former research chemist with a truly distinguished and fascinating career in a diverse range of public and private sector roles in toxics issues. Baskut most recently served as the United Nations (UN) Special Rapporteur on toxics and human rights. In our conversation, Baskut...
February 16, 2022

EPA Submits Final Rule on PIP (3:1) Compliance Date Extension to OMB

On February 15, 2022, the U.S. Environmental Protection Agency (EPA) submitted to the Office of Management and Budget a final rule regarding a further compliance date extension for phenol, isopropylated phosphate (3:1) (PIP (3:1)). EPA proposed in October 2021 to extend the compliance date applicable to the processing and distribution in commerce of certain PIP (3:1)-containing articles and the PIP (3:1) used to make those articles until October 31, 2024, along with the associated recordkeeping...
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...
February 16, 2022

Registration Opens for NanoEHS Webinar on “What We Know about NanoEHS: Building International Bridges”

The National Nanotechnology Initiative (NNI) will hold a webinar on “What We Know about NanoEHS: Building International Bridges” on March 1, 2022. NNI states that it has supported the emergence of an international community of collaborative researchers on the environmental, health, and safety aspects of nanomaterials (nanoEHS). According to NNI, “[b]y advancing tools, methods, and standards for robust health and safety evaluation, these cooperative efforts have furthered the safe and...
February 15, 2022

Environmental Law 2022, February 10, 11, and 15, 2022, via webinar

American Law Institute Continuing Legal Education (ALI CLE) and the Environmental Law Institute (ELI) present Environmental Law 2022, covering the latest developments in natural resources (air, water, species), climate, chemical, energy, and environmental justice; and what’s happened a year into a new Congress, a more conservative Supreme Court, and under the Biden-Harris administration, as well as what the future holds. Lynn L. Bergeson, Managing...
February 15, 2022

EPA Reopens Comment Period for Draft Revision to Risk Determination for HBCD

The U.S. Environmental Protection Agency (EPA) announced on February 14, 2022, that it will reopen the comment period for its draft revision to the risk determination for the cyclic aliphatic bromide cluster (HBCD) risk evaluation issued under the Toxic Substances Control Act (TSCA). As reported in our December 29, 2021, memorandum, EPA is reconsidering two key aspects of the risk determinations for HBCD. First, EPA proposes that the appropriate approach to these determinations under TSCA and...