B&C News: TSCA

June 22, 2016
James V. Aidala Quoted In Bloomberg BNA Daily Environment Report Article “EPA Must Adjust to New Toxics Law, Former Officials Say”
On June 22, 2016, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®) was quoted in a Bloomberg BNA Daily Environment Report article on the expected U.S. Environmental Protection Agency (EPA) implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Jim Aidala, former head of the EPA Office of Pollution Prevention and Toxics, told Bloomberg BNA the first few months of implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act will be “chaotic in the happy ... read more >
June 17, 2016
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article “California Agency To Look At TSCA Reform Impacts On Safer Consumer Products Effort”
On June 17, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article “California Agency to Look at TSCA Reform Impacts on Safer Consumer Products Effort.” Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions. It wouldn’t extend to state laws that require reporting or monitoring. ‘‘That said, TSCA preemption would appear to have its most potentially consequential impact on ... read more >
June 16, 2016
Chemical Watch Quotes James V. Aidala On TSCA Reform Implementation
On June 16, 2016, James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell P.C. (B&C®), was quoted in the Chemical Watch article “EPA Implementation Of TSCA To Be ‘Enormous Undertaking.’” The Lautenberg Act sets out “very aggressive deadlines” that will “not be easy to meet”, agreed Jim Aidala – a former Assistant Administrator for the EPA Office of Prevention, Pesticides, and Toxic Substances (OPPTS) and senior government consultant at Bergeson & Campbell – during ... read more >
June 16, 2016
Bloomberg BNA Daily Environment Report features comments by Lynn L. Bergeson On Conflicts Between TSCA Reform and California DTSC
On June 16, 2016, Lynn L, Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in the Bloomberg BNA Daily Environment Report article, “California Agency Examining Impacts of TSCA-Reform Bill.” Lynn Bergeson, managing partner of Bergeson & Campbell PC, said federal preemption would apply only to certain actions, such as restrictions. It wouldn't extend to state laws that require reporting or monitoring. “That said, TSCA preemption would appear to have its most potentially consequential impact on the Safer Consumer ... read more >
June 15, 2016
B&C Memorandum Quoted In Inside EPA Article On TSCA Reform
On June 15, 2016, Bergeson & Campbell P.C.’s (B&C®) memoranda, “TSCA Reform:  An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA,” was quoted in the Inside EPA article, “Questions Linger On EPA Approach To TSCA Bill's New Chemicals Program.” "While Lautenberg appears to afford EPA the discretion needed to fashion an appropriate transitional policy for disposing of currently pending and suspended Section 5 notices, it does not require EPA to do this," a May 25detailed review of the final TSCA ... read more >
June 14, 2016
Richard E. Engler Presents “U.S. Market Pressure and the Battle between Hazard and Risk” at the Green Chemistry & Engineering Conference
On June 14, 2016, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented “U.S. Market Pressure and the Battle between Hazard and Risk” at the 2016 Green Chemistry & Engineering Conference. Dr. Engler discussed the various risk-based regulations at play in the U.S., including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Federal Food, Drug, and Cosmetic Act (FFDCA), the Toxic Substances Control Act (TSCA), and the Plant Protection Act. Dr. Engler stated that there are also a variety of hazard-based regulations ... read more >
June 13, 2016
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article On Impact Of TSCA Reform On Pending Chemical Rules For Articles
On June 13, 2016, the Bloomberg BNA Daily Environment Report article, “TSCA Changes May Alter Pending Chemical Rules for Articles,” included comments by Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®). The EPA may need to conduct new analyses to support its proposed rules or the agency may need to re-propose them in light of changes the TSCA-reform bill would make to the criteria the agency should use when regulating manufactured goods, or “articles,” said Lynn Bergeson, managing partner of Bergeson & Campbell ... read more >
June 10, 2016
Bloomberg BNA Daily Environment Report Article “Law Firms Help Clients Prep for New Chemicals Law” Quotes Lynn L. Bergeson
On June 10, 2016, Bloomberg BNA Daily Environment Report included comments from Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), speaking about the impacts of passing the Frank R. Lautenberg Chemical Safety for the 21st Century Act. […] “The bill's many deadlines will drive EPA activities at a frantic pace,” said Lynn Bergeson, managing partner of Bergeson & Campbell.   […] Among the deadlines the EPA faces in the first year of the law's implementation: • review final legislative ... read more >
June 9, 2016
Boston Commons High Tech Network Article “US Congress Passes Landmark Chemical Safety Reforms” Includes Comments From James V. Aidala
On June 9, 2016, James V. Aidala, Senior Government Affairs Consultant at Bergeson & Campbell P.C. (B&C®), was quoted in a Boston Commons High Tech Network article on the passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act overhauling the Toxic Substances Control Act (TSCA). Jim Aidala, a former EPA official who is now with consultants Bergeson & Campbell PC, said the legislation helps define which toxic chemicals the EPA can ... read more >
June 8, 2016
Chemical Watch Offers Complimentary Webinar Series on "The New TSCA"
Register Today For "The New TSCA -- Overview and Summary of Major Changes: What to Expect and When to Expect It" Monday June 13, 2016 8:00 a.m. Pacific Daylight Time / 11:00 a.m. Eastern Daylight Time / 4:00 p.m. British Summer Time Speakers: Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C. Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency (EPA) James V. Aidala, Senior ... read more >
June 8, 2016
Bloomberg Article “EPA Wins Clout To Fight Toxic Chemicals, But It May Take A While,” Quotes James V. Aidala
On June 8, 2016, Bloomberg Politics quoted Senior Government Affairs Consultant for Bergeson & Campbell P.C. (B&C®), James V. Aidala, on how the overhaul of the Toxic Substances Control Act (TSCA) will impact the U.S. Environmental Protection Agency’s (EPA) ability to regulate chemicals. "It’s a very ambitious undertaking -- it’s going to be hard," said James Aidala, the former head of EPA’s chemical safety office and a consultant at Bergeson & Campbell. "It is going to take a long time, even if the administration gives the program a ... read more >
June 8, 2016
Bloomberg BNA Daily Environment Report Quotes James V. Aidala On Implementation Of TSCA Reform
On June 8, 2016, the Bloomberg BNA Daily Environment Report article, “With Chemical Safety Law, Congress Hands EPA Herculean Task,” quoted James V. Aidala, Senior Government Affairs Consultant for Bergeson & Campbell P.C. (B&C®). “It's a very ambitious undertaking—it's going to be hard,” said James Aidala, the former head of EPA's chemical safety office and a consultant at Bergeson & Campbell. “It is going to take a long time, even if the administration gives the program a slug of money on day ... read more >
June 7, 2016
Lynn L. Bergeson Quoted In Chemical Week Article “TSCA Reform On The Horizon As Bill Passes Senate (Update)”
On June 7, 2016, Chemical Week quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), about the challenges facing the implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., says the new program will face a variety of hurdles because of the challenge of deadlines, resources, and "only a short (if any) honeymoon period. It might take a significant length of time before regulations, policies, and new procedures are up and running to implement fully the new ... read more >
June 7, 2016
Lynn L. Bergeson Quoted In Foreign Direct Investment (fDi) Magazine Article On The Impacts Of TSCA Reform
On June 7, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), was quoted in fDi Magazine’s article “TSCA reform bill ‘beneficial to foreign investors and manufacturers.’” fDi Magazine is affiliated with fDi Intelligence, a division of the Financial Times Ltd, and is a premier publication for the business of global investments. The article discusses major changes that will result from TSCA Reform, including more funding for the U.S. Environmental Protection Agency (EPA), easier access to company chemical data, and a larger ... read more >
June 7, 2016
Lynn L. Bergeson Quoted In Wall Street Journal Article “Updated Rule Offers Better Oversight of Nanotech Chemicals”
On June 7, 2016, the Wall Street Journal Risk & Compliance Journal reporter Ben DiPietro featured quotes by Lynn L. Bergeson, Managing Partner of Bergeson & Campbell P.C. (B&C®), about the impact of Toxic Substances Control Act (TSCA) Reform on nanotechnology chemicals. The article “Updated Rule Offers Better Oversight of Nanotech Chemicals” explores how many nanotech chemicals were mostly ignored by the language of TSCA, but may now be reviewed by the U.S. Environmental Protection Agency (EPA) in order to determine accurate associated risks.   Some of the ... read more >
June 2, 2016
Lynn L. Bergeson Presents “The Nanotechnology Legal and Regulatory Landscape” at the 2016 International Nanotoxicology Congress
On June 2, 2016, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), presented “The Nanotechnology Legal and Regulatory Landscape” at the 2016 International Nanotoxicology Congress in Boston. Ms. Bergeson stated that there are many ongoing global initiatives involving diverse governance aspects of nanoscale materials and many countries continue to make progress in defining nanoscale materials, addressing related definitional challenges, developing suitable governance approaches to manage potential risks, and conducting testing while developing ... read more >
June 1, 2016
Lynn L. Bergeson Quoted In Inside EPA Article “TSCA Reform Bill Might Set New Limits On EPA’s Regulation of ‘Articles’”
On June 1, 2016, Lynn L. Bergeson, Bergeson & Campbell P.C. (B&C®) Managing Partner, was quoted in an Inside EPA article regarding possible Toxic Substances Control Act (TSCA) Reform impacts on the U.S. Environmental Protection Agency’s (EPA) ability to regulate chemicals in finished products. EPA has not yet provided a cohesive regulatory policy on articles, so having a statutory requirement could ease some of those concerns, said Lynn Bergeson, managing partner at Bergeson & ... read more >
May 26, 2016
The New TSCA Webinar 1 - Overview and Summary of Major Changes: What to Expect and When to Expect It
Date: June 13, 2016, 11:00 a.m. (EDT), 8:00 a.m. (PDT) Price: Complimentary - click here to register Topics covered: Key terms needing legal interpretation Chemical prioritization Pace of existing chemical reviews Changes to new chemicals process Implementation deadlines Rulemaking Fees "Sound science" Speakers: Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency (EPA) Richard A. Denison, ... read more >
May 26, 2016
TIME Magazine Quotes Lynn L. Bergeson In “Will Congress’s Chemical Safety Reform Protect Us? It Depends”
On May 26, 2016, TIME Magazine published an article, “Will Congress’s Chemical Safety Reform Protect Us? It Depends," reporting on the bipartisan passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, quoting Managing Partner of Bergeson & Campbell P.C. (B&C®), Lynn L. Bergeson. In the past, states have stepped in to regulate chemicals in the absence of leadership by the federal government. Lynn Bergeson, managing partner at the environmental law and government affairs firm Bergeson & Campbell, says the new approach could be seen ... read more >
May 23, 2016
James V. Aidala Quoted In Washington Examiner Article “White House Backs Congress’ Chemical Safety Overhaul”
On May 23, 2016, Senior Government Affairs Consultant for Bergeson and Campbell P.C. (B&C®), James V. Aidala, was quoted in the Washington Examiner article “White House Backs Congress’ Chemical Safety Overhaul." Jim Aidala, a former EPA official who is now with consultants Bergeson & Campbell PC, said the legislation helps define which toxic chemicals the EPA can regulate.   He expects the House to take up its version of the bill this week. He doesn't expect the Senate to vote on its companion bill until after the Memorial Day ... read more >
May 19, 2016
B&C Professionals Help Tell the Story of EPA's "Half Century of Progress"
  Many Americans today, including many legislators at the federal and state levels, were not yet born when the U.S. Environmental Protection Agency (EPA) was created by President Nixon in 1970, or they were too young to appreciate how air and water quality were deteriorating until governments, private companies, and individual citizens stepped up to take action. The EPA Alumni Association, recognizing the importance of current and future generations understanding the history and lessons learned of the past 50 years, has created an interactive report entitled Protecting the ... read more >
May 16, 2016
2016 Chemical Data Reporting Webinar Recording Available; Analysis of CDR Enforcement Actions Released
To prepare companies for the reporting period for the 2016 Chemical Data Reporting (CDR) rule, June 1 - September 30, 2016, Bergeson & Campbell, P.C. (B&C®) presented a webinar, "2016 Chemical Data Reporting: Don't Despair; Get Prepared!," on May 3, 2016.  A recording of the webinar, presentation slides, and a document containing detailed answers to the many questions submitted by webinar participants will be made available to B&C clients and associates who were not able to attend. Contact hlewis@lawbc.com to request the materials.  As seasoned ... read more >
May 3, 2016
Bloomberg BNA Daily Environment Report Quotes B&C’s Richard Engler, Ph.D. On CDR Rule
The May 3, 2016, article “Make Chemical Reports to EPA Consistent: Former Official,” by Pat Rizzuto and published by the Bloomberg BNA Daily Environment Report, included comments made by B&C Senior Scientist Richard Engler, Ph.D. during B&C’s recent CDR webinar. […]Under its Next Generation Compliance initiative, the EPA will compare the data it receives from the Chemical Data Reporting, or CDR, rule to information obtained through other regulations, Richard Engler, a senior chemist at Bergeson & Campbell P.C., said during a CDR webinar the law firm ... read more >
April 25, 2016
Lisa R. Burchi Presents “Regulatory Updates and Enforcement Trends,” at the 2016 NADC Western Region Meeting
On April 22, 2016, Lisa R. Burchi, of Counsel with Bergeson & Campbell, P.C., presented “Regulatory Updates and Enforcement Trends,” at the National Association of Chemical Distributors (NACD) Western Region Meeting. Ms. Burchi’s presentation detailed how the Office of Enforcement and Compliance Assurance (OECA) sets priorities and enforcement strategies. OECA identifies compliance monitoring and assurance activities for Toxic Substances Control Act (TSCA) New and Existing Chemicals as well as regulatory compliance and enforcement trends for California Safer Consumer ... read more >
April 21, 2016
Lynn L. Bergeson Presents “The New TSCA Regulatory Framework Post-TSCA Reform” At The 2016 Adhesive and Sealant Council Spring Conference
On April 20, 2016, Lynn L. Bergeson presented on the regulatory framework created by reforming the Toxic Substances Control Act (TSCA) at the 2016 Adhesive and Sealant Council (ASC) Spring Conference. Throughout the course of the presentation, “The New TSCA Regulatory Framework Post-TSCA Reform,” Ms. Bergeson discussed the future of chemical management under TSCA regardless of when action is taken to implement TSCA reform. The presentation covered TSCA’s core provisions and authorities; key concerns with TSCA; current TSCA and downstream users; TSCA reform legislation and ... read more >
April 5, 2016
BRAG Petition Succeeds:  EPA Expands Chemical Data Reporting Exemptions To Biodiesel Products
On March 29, 2016, the U.S. Environmental Protection Agency (EPA) published the Partial Exemption of Certain Chemical Substances from Reporting Additional Chemical Data final rule in the Federal Register. This final rule amends the list of chemical substances that are partially exempt from additional reporting requirements under the Chemical Data Reporting (CDR) rule. The rule applies to six biodiesel chemicals that are very similar to petroleum based biodiesel chemicals that are already on the exempt list. Per EPA's estimate, companies that utilize this reporting exemption will save ... read more >
April 4, 2016
2016 Chemical Data Reporting: Don’t Despair; Get Prepared! Tuesday, May 3, 2016 1:00 p.m. - 2:00 p.m
Register online. In two short months, the reporting period for the U.S. Environmental Protection Agency's (EPA) 2016 Chemical Data Reporting (CDR) rule, June 1, 2016 - September 30, 2016, will open. Will your company be ready? Are you well-versed in the new reporting elements that will be required in the 2016 reporting cycle? Do you know whether your chemicals will be subject to lower reporting thresholds, or if the 2012 reporting exemptions still apply? Are you certain you have all the relevant information collected and ready to submit on Form U? If you answered "no" to any ... read more >
March 3, 2016
Richard E. Engler Presents TSCA And The Cellulosic Revolution At ABLC2016
On February 18, 2016, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented at Cellulosic Fuels: First Commercials and Beyond, a session at the Advanced Bioeconomy Leadership Conference 2016 (ABLC2016).  Dr. Engler’s presentation, “TSCA and the Cellulosic Revolution,” covered Toxic Substances Control Act (TSCA) nomenclature, inventory, and model manufacturing process issues for cellulosic products.  The presentation discussed the differences in nomenclature between Class I and Class II substances on the TSCA Inventory, ... read more >
March 3, 2016
Kathleen M. Roberts Presents “Achieving Critical Policy Changes through Consortia” At ABLC2016
On February 19, 2016, Kathleen M. Roberts, Executive Director of the Biobased and Renewable Products Advocacy Group (BRAG®), presented “Achieving Critical Policy Changes through Consortia” at the 2016 Advanced Bioeconomy Leadership Conference (ABLC2016).  Ms. Roberts presented as part of The Bioeconomy R&D Consortia Summit and discussed the work being done by BRAG to level the regulatory playing field for biobased chemicals.  BRAG has successfully petitioned the U.S. Environmental Protection Agency (EPA) to make Chemical Data Reporting (CDR) partial reporting ... read more >
February 9, 2016
Oscar Hernandez, Former Head of EPA's Office of Pollution Prevention and Toxics Risk Assessment Division, Joins Bergeson & Campbell, P.C. and The Acta Group
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Oscar Hernandez, Ph.D. has joined our teams as Senior Regulatory Chemist. Dr. Hernandez is the former Director of the Risk Assessment Division (RAD) in the U.S. Environmental Protection Agency's (EPA) Office of Pollution Prevention and Toxics (OPPT), where he managed a multi-disciplinary science group that provided expert scientific support in the areas of hazard and risk assessment of chemicals being reviewed pursuant to the Toxic Substances Control Act (TSCA) and other regulatory ... read more >
December 14, 2015
Chemical Watch Includes Extensive Comments By Lynn L. Bergeson On Impacts Of TSCA Reform
The December 14, 2015, Chemical Watch article “TSCA Bill Could Have 'Huge' Impact On Downstream Users,” included quotes from Lynn L. Bergeson on possible results of TSCA Reform. Changes to the chemical inventory as proposed in the US Senate Toxic Substances Control Act (TSCA) reform would have a “huge” impact on downstream users, according to Lynn Bergeson, owner of Bergeson & Campbell, PC.  Bill S697 proposes to reset the TSCA Inventory of Chemical Substances to determine which chemicals are still active and which are inactive. Ms Bergeson said she ... read more >
December 11, 2015
Chemical Watch Quotes Lynn L. Bergeson On Possible Future Of TSCA Reform
On December 11, 2015, Chemical Watch, quoted Lynn Bergeson in the article “Senate TSCA Bill More Aligned With EPA Principles, Says Denison.” Lynn Bergeson, managing partner of Bergeson & Campbell, said it is possible that the Senate will approve S-697 before Congress adjourns in mid-December. “Until it emerges from the Senate we can’t have any further action on the bill,” ... read more >
December 1, 2015
Request Recording and Materials from Panel Discussion with EPA Alumni: "TSCA Reform: What’s Happening Now, and What’s Next?"
Request Recording and slides from “TSCA Reform Panel Summit: What’s Happening Now, and What’s Next?”  Program informational flyer George Washington University (GWU) Milken Institute School of Public Health, GWU Law School, Environmental Law Institute, Arnold & Porter LLP, and Bergeson & Campbell, P.C. Present:  TSCA Reform Panel Summit: What's Happening Now, and What's Next? Thursday, November 19, 2015, 12:00 – 1:30 p.m. (EST) George Washington University Milken Institute School of Public Health Main Auditorium, 950 New ... read more >
November 24, 2015
Inside EPA Article Quotes Jim Aidala On TSCA Reform Vote
On November 24, 2015, Inside EPA published the article “TSCA Bill Faces Implementation Hurdles Despite Potential For Senate Vote.”  Jim V. Aidala was quoted discussing a possible implementation timeline if the TSCA Reform bill was passed. Former EPA toxics official Jim Aidala, now with the law firm Bergeson & Campbell, at the ELI event identified some of the time frames on rulemakings, new definitions, and administrative fees as potential "early implementation hurdles" associated with reform legislation if it clears a Senate floor ... read more >
November 10, 2015
Lynn L. Bergeson Quoted Extensively In BNA Daily Environment Report Article “Nanomaterials Said to Illustrate Need for TSCA Reform”
The November 10, 2015, BNA Daily Environment Report article  "Nanomaterials Said to Illustrate Need for TSCA Reform" included comments from Lynn L. Bergeson and the NanoBusiness Commercialization Association (NanoBCA) on the importance of TSCA reform for nanomaterials. […]Lynn Bergeson, managing partner of Bergeson & Campbell P.C., said the EPA could have used the authority the House and Senate [TSCA modernization] bills would give the agency to order the submission of existing data, without rulemaking. The information from such a data call-in could have increased ... read more >
October 27, 2015
Bergeson & Campbell P.C. TSCA Reform Webinar Quoted in BNA Daily Environment Report
The September 29, 2015, BNA Daily Environment Report article “States Urge Further Changes in TSCA-Reform Bill,” included comments made by Lynn L. Bergeson in a Bergeson & Campbell webinar.  Lynn Bergeson, managing partner of Bergeson & Campbell PC, discussed state pre-emption during a Sept. 24 webinar her law firm held on TSCA-reform legislation before the House and Senate. Her firm specializes in laws and regulations addressing chemicals. “State pre-emption remains the most difficult and contentious issue,” she said. “If that difficult and ... read more >
October 26, 2015
Inside EPA Quotes Lynn L. Bergeson in article “TSCA Reform Legislation Could Smooth Path For New Biotechnologies”
The October 26, 2015, Inside EPA article, “TSCA Reform Legislation Could Smooth Path For New Biotechnologies,” included comments made by Lynn L. Bergeson at an event hosted by the Wilson Center’s Synthetic Biology Project (synbio). Pending legislation in Congress to reform the 40-year-old Toxic Substances Control Act (TSCA) could make it easier for EPA to assess the potential risks of new technologies, such as synthetic biology, and review requests to undertake field research or commercialize new products, an industry attorney says. While the legislation does not ... read more >
October 20, 2015
Invitation to TSCA Reform Panel Summit at GW University
George Washington University Milken Institute School of Public Health, George Washington University Law School, Environmental Law Institute, and Bergeson & Campbell, P.C. Present: TSCA Reform Panel Summit: What's Happening Now, and What's Next? November 19, 2015 12:00 – 1:30 p.m. (EST) In-person and via Webcast Betting on passage by Congress of Toxic Substances Control Act (TSCA) reform is anything but a sure thing. While most remain optimistic, with each passing day the window of opportunity is narrowed. One possibility is that some version of the bipartisan Senate ... read more >
June 28, 2015
U.S. vs. EU Chemical Regulation:  Harmony and Conflict between TSCA and REACH
The American Bar Association (ABA) Section of Environment, Energy, and Resources' Young Lawyers Division presented a fascinating webinar on June 23, 2015, on the key areas of alignment and non-alignment between the European Union's (EU) and the United States' approach to chemical management by exploring the EU's Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) regulation and the Toxic Substances Control Act (TSCA).  The webinar was moderated by Lynn L. Bergeson, managing partner of Bergeson & Campbell, P.C. (B&C®), and featured ... read more >
June 24, 2015
BNA Daily Environment Report Includes Comments from Lynn L. Bergeson Regarding TSCA Modernization Act
The June 24, 2015 Bloomberg BNA Daily Environment Report included quotes from Lynn L. Bergeson in the article “Bill to Update Toxic Substances Control Act Sails Through House by 398-1 Vote.” Lynn Bergeson, managing partner of Bergeson & Campbell P.C., told Bloomberg BNA in a June 23 e-mail that the changes in the bill prior to the House vote seemed to reflect the need for consensus more than anything. ‘‘EPA will be challenged to complete risk evaluations in two years. Complex chemicals with multiple uses will be exceedingly hard to complete in 24 months and EPA ... read more >
June 1, 2015
The Washington Monthly Quotes Lynn L. Bergeson on TSCA Reform Bill
Lynn L. Bergeson was quoted in “Pick Your Poison,” an article in the Summer 2015 Washington Monthly discussing Toxic Substances Control Act (TSCA) modernization. In the absence of appropriate federal protections, states have stepped into the breach, promulgating their own rules. Under current TSCA regulations, unless and until the EPA regulates a chemical, states can issue their own limits. Those that have done so include California, New York, Vermont, Washington, Massachusetts, and Maryland. Among the many rules are New York’s ban on children’s goods that contain ... read more >
May 27, 2015
BNA Daily Environment Report Includes B&C Analysis in Article on TSCA Modernization Act
The May 27, 2015, Bloomberg BNA Daily Environment Report article “TSCA Modernization Act Introduced in House; Key Republicans, Democrats Back Legislation,” included quotes from the B&C analysis “TSCA Reform: Detailed Review of Representative Shimkus' Second Discussion Draft of TSCA Reform Legislation.” Time remains to address pragmatic implementation concerns in the House's “almost surgical” TSCA-reform bill as well as the more expansive Senate bill, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), the law firm ... read more >
April 23, 2015
Lynn L. Bergeson to Participate in Key Upcoming Nanotechnology Meetings and Conferences
Earlier this month, the U.S. Environmental Protection Agency (EPA) published in the Federal Register its long-awaited Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or processed at the nanoscale (see our memoranda EPA Proposes Reporting and Recordkeeping Requirements for Nanoscale Materials and EPA Opens Docket for Proposed TSCA Section 8(a) Rule for Nanomaterials). The presentations, roundtables, and discussions at the upcoming nanotech events listed below will ... read more >
April 13, 2015
Stewardship 2015 Presents Vital Program for Product Stewardship Professionals
Lynn L. Bergeson Joins Product Stewardship Society Board of Directors Stewardship 2015, June 1-3, 2015, Salt Lake City, Utah, is the only national conference dedicated to educating and equipping product stewards, industrial hygienists, environmental health and safety (EHS) professionals, and others involved in the day-to-day work of product stewardship. Stewardship 2015 is co-located with AIHce2015, the premiere conference and exposition for occupational and EHS professionals. Stewardship 2015 is presented by the Product Stewardship Society, a membership organization ... read more >
April 7, 2015
Oil Price Information Network Features Richard E. Engler, Ph.D., in "TSCA Nomenclature May be Barrier for Advanced Biofuels"
The Oil Price Information Network (OPIS) spoke with Richard E. Engler, Ph.D. , Senior Policy Advisor for Bergeson & Campbell, P.C., regarding the application of the Toxic Substances Control Act (TSCA) to oils made from algae feedstocks and other non-traditional bio-materials.  The resulting article in the OPIS Ethanol & Biodiesel Newsletter is reprinted below, with permission from OPIS. TSCA Nomenclature May Be Barrier for Advanced Biofuels Any number of complications could trip up the commercial use of an advanced biofuel, but one that should ... read more >
April 7, 2015
BNA Daily Environment Report Coverage of Science & the Congress Briefing Quotes Lynn L. Bergeson
The April 7, 2015, Bloomberg BNA Daily Environment Report story "Innovation Outpacing Regulatory Systems; Modernized TSCA, New Data Said to Help," reported on "21st Century Understanding of Chemicals," a congressional briefing hosted by the American Chemical Society (ACS) Science & the Congress Project.  Lynn L. Bergeson’s comments at the congressional briefing were quoted.   The Environmental Protection Agency has taken eight times longer to approve new nanoengineered chemicals than new chemicals made with traditional technologies and feedstocks, an attorney specializing in ... read more >
March 30, 2015
BNA Daily Environment Report Special Report Quotes James V. Aidala
In the March 30, 2015 BNA Daily Environment Report Special Report “Questions About Fees, Hiring Staff Among Issues Raised by TSCA Reform Bills,” a reporter spoke with James V. Aidala , Senior Government Consultant with B&C and former Assistant Administrator for EPA's Office of Prevention, Pesticides, and Toxic Substances (OPPTS) (now the Office of Chemical Safety and Pollution Prevention). To secure money from the fees, the EPA’s chemicals office will have to figure out the costs of the services it would provide to comply with requirements in TSCA reform bills ... read more >
March 27, 2015
Interest in West Coast Sustainable Futures Training
Bergeson & Campbell, P.C. (B&C®) and its affiliate organizations are investigating the possibility of hosting a U.S. Environmental Protection Agency (EPA) Sustainable Futures workshop on the West Coast in late 2015. As you may know, Sustainable Futures training focuses on a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of chemicals. The intensive, hands-on training provided at Sustainable Futures workshops allows attendees to utilize the EPA methods of hazard and risk screening for human health, ecotoxicity, and ... read more >
March 26, 2015
Lynn L. Bergeson Quoted in BNA Daily Environment Report Article on Nanoscale Chemicals Rule
In a March 26, 2015 story on EPA’s proposed rule regarding reporting requirements for companies that make or process nanoengineered chemicals, “Chemical Manufacturers, Processors To Report Basic Data Under EPA Proposal,” Lynn L. Bergeson was quoted.  In a break from previous data-collection rules, the proposed rule would apply to both chemical manufacturers and chemical processors, Lynn Bergeson, managing partner of Bergeson & Campbell P.C., told Bloomberg BNA in a March 25 e-mail. Processors, which purchase chemicals to mix them into preparations that are ... read more >
March 2, 2015
Acta Offers Complimentary Private Sessions at GlobalChem
The Acta Group (Acta®) is pleased to offer to GlobalChem attendees a complimentary 30-minute private session on March 3 with Acta professionals and Acta's South Korean-based affiliate, SHES Chemical Consulting (SHES), to answer questions relating to K-REACH, European REACH, TSCA, or other Asian chemical notification/regulation programs, as requested. This service is offered free of charge, provides an excellent opportunity to maximize your attendance at GlobalChem, and is designed to enable you to obtain specific answers to targeted questions from experts in their field. To take ... read more >
February 12, 2015
Kathleen M. Roberts and Richard E. Engler, Ph.D., Featured at Advanced Bioeconomy Leadership Conference 2015
REGISTER FOR ABLC 2015 by Friday, February 13, 2015, for discounted rates. The Advanced Bioeconomy Leadership Conference 2015 (ABLC 2015), to be held March 11-13, 2015, at the Capital Hilton in Washington, D.C., is the gathering point for top leaders in the Advanced Bioeconomy -- bringing together the entire spectrum of advanced fuels, chemicals, and materials CEOs and senior executives, business development, R&D leaders, strategic partners, financiers, equity analysts, policymakers, and industry suppliers. Kathleen M. Roberts, Executive Director of the Biobased and ... read more >
January 14, 2015
Lynn L. Bergeson Referenced In Bloomberg BNA Daily Environment Report Article “Updating TSCA, Spurring Safer Chemicals, Increasing Markets Among Priorities in 2015”
Comments made by Lynn Bergeson were published by Bloomberg BNA Daily Environment Report in an article about recent and continuing efforts to pass a Toxic Substances Control Act (TSCA) reform bill. Federal preemption of state chemical regulation purposely was not addressed in a widely circulated draft revision of S. 1009 that never was introduced, and the preemption issue remains a challenge, Lynn Bergeson, managing partner of Bergeson & Campbell P.C., told Bloomberg BNA in an e-mail. The circulated draft did, however, include deadlines for the Environmental Protection Agency to ... read more >
January 9, 2015
Lynn L. Bergeson Quoted In Inside EPA Article "Despite GOP Gains, Preemption Remains Hurdle For TSCA Reform"
Inside EPA featured comments made by Lynn L. Bergeson in an Inside EPA article on issues impacting TSCA reform: Lynn Bergeson, of the Washington, DC, firm Bergeson & Campbell, noted that the “rights of states need to be part of the discussion on preemption in reform talks during the next Congress,” adding that the importance of the issue “cannot be overestimated’ in securing approval of a TSCA reform ... read more >
January 5, 2015
Richard E. Engler, Ph.D., Joins Bergeson & Campbell, P.C. and The Acta Group as Senior Policy Advisor
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce the addition of Richard E. Engler, Ph.D., to our firms as Senior Policy Advisor. Dr. Engler is a 17-year veteran of the U.S. Environmental Protection Agency (EPA) and is one of the most widely recognized experts in the field of green chemistry, having served as senior staff scientist in EPA's Office of Pollution Prevention and Toxics (OPPT) and leader of EPA's Green Chemistry Program. Dr. Engler has participated in thousands of Toxic Substances Control Act (TSCA) substance reviews at EPA, as well ... read more >
December 5, 2014
Lynn L. Bergeson Quoted in Inside EPA Story "Chemical Officials Eye States' Role in TSCA Reform"
Inside EPA included comments made by Lynn L. Bergeson at the keynote address of the Chemical Watch U.S. Regulatory Summit discussing “the prospects for more substantive U.S. legislative change following the recent mid-term elections.” Lynn Bergeson stated that the “’rights of states need to be part of the discussion on preemption in reform talks during the next Congress,’ adding that the importance of the issue ‘cannot be overestimated’ in securing approval of a TSCA reform bill. […] Bergeson pointed out during her Dec. 3 keynote that the ... read more >
December 3, 2014
Experts from Bergeson & Campbell, P.C. and The Acta Group Publish Global Chemical Control Handbook: A Guide to Chemical Management Programs
The attorneys, scientists, and regulatory professionals of Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are proud to have authored Global Chemical Control Handbook: A Guide to Chemical Management Programs, recently released by the American Bar Association. Lynn L. Bergeson, Managing Partner of B&C and President of Acta, provided the guiding vision for this comprehensive desk reference book as editor and co-author. Reflecting on the work of her colleagues, and others, on this book, Ms. Bergeson stated: "The Global Chemical Control Handbook reflects ... read more >
November 12, 2014
Lynn L. Bergeson Quoted in Chemical Watch Story "Republican Control of Congress Boosts TSCA Reform Prospects"
Chemical Watch quoted Lynn L. Bergeson in a November 12, 2014, article about the effects of a Republican-controlled Congress. “’Given the Republican gains in the Congress, one scenario would be a strong effort to push through the Udall-Vitter proposal,’ said Lynn Bergeson of the law firm Bergeson & Campbell. If Mr Inhofe becomes the chair of the EPW Committee, ‘trying to make discussion, using this proposal as a starting point, makes sense’, she ... read more >
November 11, 2014
Enhancing Oversight of Synthetic Biology under TSCA to Promote Sustainable Commercial Development
Article Featured in Industrial Biotechnology Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®) and Of Counsel with the Biobased and Renewable Products Advocacy Group (BRAG®), Charles M. Auer of Charles Auer & Associates, LLC, and Oscar Hernandez, Ph.D. of Oscar Hernandez & Associates, LLC, have published "Creative Adaptation: Enhancing Oversight of Synthetic Biology Under the Toxic Substances Control Act" in the October 2014 issue of Industrial Biotechnology, the journal of biobased innovation to drive the global bioeconomy. In the ... read more >
November 7, 2014
Key Presentations, Video Clips, and Daily Reports from ChemCon The Americas 2014
New ABA book edited by Lynn L. Bergeson, Global Chemical Control Handbook, Announced at Conference ChemCon the Americas 2014 brought together an international audience of over 200 industry, regulatory, and policy leaders in Chicago, Illinois, October 27-31, 2014, to go in-depth on virtually every major chemical regulatory issue worldwide. Speakers included Mike Rasenberg of the European Chemicals Agency (ECHA), Dr. Jeffrey Morris of the U.S. Environmental Protection Agency (EPA), Dan Bastien of Environment Canada, Qiang Liu of the Chinese State Administration of Work Safety (SAWS), ... read more >
October 31, 2014
Bergeson & Campbell P.C. Quoted in Inside EPA Story "EPA Readies New Chemical Risk Analyses As TSCA Reform Prospects Fade"
Inside EPA quoted an October 23, 2014, email commentary from Bergeson & Campbell P.C.® discussing the effectiveness of the Toxic Substances Control Act Work Plan. The Work Plan "reflects a certain nimbleness and elasticity in the program, features that are essential to the success of any chemical assessment process,” said the email. "The update also speaks favorably of the Work Plan's ability to accommodate new information and recalibrate on an ongoing basis. . . . Although TSCA reform legislation was not in the cards for this Congressional session, it is good to ... read more >
October 27, 2014
BRAG® Petitions EPA for Biodiesel Products CDR Exemptions Already Granted to Petroleum Products
On October 21, 2014, the Biobased and Renewable Products Advocacy Group (BRAG®) submitted petitions to the U.S. Environmental Protection Agency (EPA) requesting that biodiesel fuel manufacturers be granted the same Chemical Data Reporting (CDR) exemptions that petroleum-based diesel manufacturers already receive. BRAG made its petitions through two mechanisms allowed under Toxic Substances Control Act (TSCA) rules. BRAG's petitioning of EPA was reported in the Bloomberg BNA Daily Environment Report story "Biobased Diesel Companies Petition EPA For Rules Comparable To Traditional ... read more >
October 3, 2014
Lynn L. Bergeson Quoted in Law360 Article "TSCA Reform Chances Dim With Boxer's Preemption Pushback."
Lynn L. Bergeson was quoted in Law360 discussing the recently released proposals to update the Toxic Substances Control Act (TSCA). “‘Electing to eliminate any preemptive effect virtually assures the propagation of inconsistent, random state and local chemical regulations,’ Lynn Bergeson, managing partner of Bergeson & Campbell PC, said. ‘The patchwork approach to state and local regulations is the nemesis of the business community and a key driver for TSCA reform.’ Bergeson said there is not much room for negotiation under Boxer’s ... read more >
September 25, 2014
Lynn L. Bergeson quoted in Bloomberg BNA Daily Environment Report Story "Senate TSCA Modernization Talks Collapse; Reform Supporters Look to Next Congress."
The September 19, 2014, Bloomberg BNA Daily Environment Report featured comments by Lynn L. Bergeson regarding the collapse of the Toxic Substances Control Act (TSCA) reform talks, specifically efforts to revise the Chemical Safety Improvement Act (S. 1009). Bergeson “told Bloomberg BNA the collapse of the bipartisan Senate discussions on TSCA reform was disappointing but not surprising. ‘Stakeholders can be encouraged by the late rally in the legislative cycle, and perhaps by whatever progress was made to move the needle closer to a version of reform legislation that both ... read more >
September 18, 2014
Lynn L. Bergeson comments on TSCA reform in Chemical Watch article "US Senator Boxer Reveals TSCA Reform Bill: Vitter Proposal Roundly Criticised."
Chemical Watch quoted Lynn L. Bergeson in response to Senator Boxer’s (D-CA) Toxic Substances Control Act (TSCA) counterproposal to the Chemical Security Improvement Act (CISA) sponsored by Senator David Vitter (R-LA). Bergeson said of the issue “I do not give Senator Boxer’s bill, or any other TSCA reform measure much hope given the lateness of the session, the lack of alignment on key measures in the bill, and the polarisation on matters generally in Congress. Whether the bill provides a useful jump start to discussion next session is another matter.” Bergeson additionally stated ... read more >
August 3, 2014
InsideEPA Features Blog Post by Lynn L. Bergeson, Stirs Response and Debate
In “TSCA Reform: Dead for Now,” Lynn L. Bergeson’s July 18th post on the American College of Environmental Lawyers blog, Ms. Bergeson shared the following thoughts: “Despite high hopes earlier this year for the promise of a legislative make-over, Toxic Substances Control Act (TSCA) reform measures are dead, certainly for the remainder of this Congressional session and possibly the next. In the category of all things happen for a reason, maybe there is a silver lining to this disappointing result. “TSCA is among the oldest federal environmental laws, one of ... read more >
July 1, 2014
Learn How to Pre-Screen New Chemicals Using EPA’s Models and Methods at Sustainable Futures Training
  Co-hosted by the Biobased and Renewable Products Advocacy Group (BRAG™), the U.S. Environmental Protection Agency (EPA), and George Washington University (GWU) August 5-7, 2014, at the GWU Campus in Washington, D.C. ABOUT THE WORKSHOP: During this hands-on three-day workshop, you will learn about a variety of tools, methods, and models that can be used to assess the hazard and potential exposure of chemicals. Methods addressed will include hazard and risk screening for human health, ecotoxicity, and environmental fate. The ... read more >
June 6, 2014
Most Agree More Money Needed for TSCA; How Much, for What, Remain Unclear
Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson and B&C affiliate Charles Auer in a Special Report on TSCA Reform published today. “Charles Auer, a consultant who led TSCA implementation throughout most of his 32-year career at the EPA, agreed it will be challenging to resolve the many valid questions that would arise on user fees. It would be unwise, however, to continue to ignore the question of funding in TSCA reform discussions, he said. ‘It’s always been the elephant in the room,’ Auer said. The number of questions Republicans and Democrats ... read more >
June 5, 2014
Inside EPA features B&C commentary in "Democrats' Proposed Amendment Widens Gap In House TSCA Reform Effort."
“While the Democrats' changes seek to address many concerns Jones and environmentalists have raised, the redline avoids addressing the issue of whether and to what extent a new federal chemicals management law should preempt state regulation of industrial chemicals. The issue has become particularly fraught in the Senate, where Environment and Public Works Committee Chairman Barbara Boxer (D-CA) has made protection of California's extensive chemical regulations in the Senate bill a prerequisite of her support. The House Democrats' redlined draft bill simply says, ‘Strike [Republicans'] ... read more >
May 29, 2014
“Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule” Cites B&C Commentary
An article in the May 30, 2014 edition of Inside EPA, “Legal Limit May Drive Novel Voluntary Plan In EPA’s TSCA Fracking Rule,” featured commentary by B&C on EPA’s advance notice of proposed rulemaking (ANPR) to seek comment on the information that should be reported or disclosed for hydraulic fracturing chemical substances and mixtures and the mechanism for obtaining this information. “In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags the ‘processors’ issue, saying the notice raises a host questions relating to ‘significant and ... read more >
May 28, 2014
Inside EPA features B&C commentary in "Legal Limit May Drive Novel Voluntary Plan In EPA's TSCA Fracking Rule."
“In a May 20 analysis of the ANPR, the law firm Bergeson & Campbell also flags the ‘processors’ issue, saying the notice raises a host questions relating to ‘significant and difficult legal, procedural and policy issues. Noting that the ANPR includes service companies in its discussion of the companies that may be subject to Section 8 reporting, which ordinarily would not apply to ‘users,’ the analysis says, that though such service providers may ‘process’ the chemical while blending the fracking fluid, they could become end users when doing the injection and therefore ... read more >
May 20, 2014
Alliance for Chemical Nomenclature’s Efforts Noted in Bloomberg BNA Story
Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “EPA, Industry Far Apart on Agency Stance on Listing Mandate for Chemical Fractions.” “Kathleen Roberts, a vice president with Bergeson & Campbell Consortia Management (BCCM), said the biobased and petroleum-based chemical manufacturers she works with through the Alliance for Chemical Nomenclature she manages would like to avoid a fight. Companies are genuinely confused when it comes to naming some UVCBs, she said. The EPA’s guidance on naming such chemicals makes clear ... read more >
April 3, 2014
ABA Section on Environment, Energy, and Resources Releases Five White Papers Regarding TSCA Reform
The American Bar Association's (ABA) Section on Environment, Energy, and Resources (SEER) has issued five white papers designed to assist stakeholders in the ongoing debate to reform the Toxic Substances Control Act (TSCA). The papers are on the following TSCA-related topics: Overview of TSCA Trade Secret and Confidential Business Information Briefing Paper Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper Standard for Taking Regulatory Action Under TSCA ("Safety Standard") Briefing Paper Preemption of State Laws and Regulations Briefing ... read more >
March 26, 2014
Manufacturers Urge EPA to Apply TSCA Consistently in Final Rules for Six Mixtures
Kathleen M. Roberts was quoted in an article in Bloomberg BNA Daily Environment Report titled “Manufacturers Urge EPA to Apply TSCA Consistently in Final Rules for Six Mixtures.” “Chemical manufacturers are urging the Environmental Protection Agency to apply Toxic Substances Control Act policies consistently to both biobased and petroleum-based chemical mixtures as it finalizes a proposed rule that would restrict uses of six chemicals designed for renewable fuels. ‘The agency's decision on these six chemical mixtures is one of several situations in which the ... read more >
March 4, 2014
Lynn L. Bergeson Quoted in Bloomberg BNA Special Report on Elk River Spill
Lynn L. Bergeson was quoted in a Bloomberg BNA Daily Environment Report special report, “Elk River Provides Tangible Illustration of Deficiencies in Public Data on Chemicals:” “Lynn Bergeson, managing partner of Bergeson & Campbell, P.C., said that despite the many problems West Virginia’s ‘entirely preventable tragic spill’ has spotlighted, it is unlikely to hasten TSCA reform. ‘There are dozens of compelling reasons to reform TSCA, any one of them sufficient to prompt comprehensive TSCA reform and a decision to authorize resources so EPA could ... read more >
January 16, 2014
US Chemical Leak Refocuses Attention on TSCA Adequacy
Lynn L. Bergeson was quoted in a Chemical Watch article on the chemical spill near Charleston, West Virginia: “The spill ‘provides a textbook example of what's wrong with [TSCA],’ says Lynn Bergeson of the law firm Bergeson and Campbell. ‘The paucity of information is the sticking point,’ she says, adding that public officials need access to more data than is currently ... read more >
January 14, 2014
Lynn L. Bergeson Featured on NPR's "All Things Considered" Coverage of Chemical Spill in West Virginia
Chemical lawyer and Toxic Substances Control Act (TSCA) expert Lynn L. Bergeson was featured Monday, January 13, 2014, on the National Public Radio (NPR) program "All Things Considered." In a story on the mysteries that persist around a chemical spill in the Elk River near Charleston, West Virginia, NPR reporter Elizabeth Shogren interviewed Ms. Bergeson, whose comments were included in the national radio broadcast and NPR's web version of the story: "'These incidents are very painful for the local residents there in West Virginia, they are embarrassing to federal ... read more >
September 13, 2013
Reality Bites: EPA Withdraws Two Draft Chemical Rules
In an article published September 11, 2013, in Environmental Leader, Lynn L. Bergeson explored the implications of a recent EPA action: "The US Environmental Protection Agency (EPA) recently withdrew two draft regulations intended to enhance chemical oversight. Both initiatives had been languishing at the Office of Management and Budget (OMB) for years, long overstaying their customary (and mandated) 90-day review periods. The inferences and conclusions that can be drawn from EPA's decision to withdraw the rules are less noteworthy than the lack of debate over OMB's actions and ... read more >
September 10, 2013
ChemCon Asia 2013 is Underway in Seoul, South Korea, and ChemCon Daily is Reporting From the Event
As a proud sponsor of ChemCon Asia 2013, B&C is pleased to share information and insights from the conference. ChemCon Daily Edition 2 features an overview of the many chemical lists in use by international chemical regulatory agencies, and an update on TSCA reform, including comments from B&C’s Lynn L. Bergeson on EPA's progress in assessing the 83 chemicals identified in its 2012 work plan. ChemCon Daily Edition 3 covers the latest on China, recapping presentations made by China’s Liu Qiang, the Deputy Director General of Safety Supervision, State Administration ... read more >
July 1, 2013
EPA Urged to Work on Compliance Issues For Makers of Biobased, Other Chemicals
The July 1, 2013, issue of Bloomberg BNA Daily Environment Report featured comments from the BNA webinar called “Toxic Substances Control Act Premanufacture Notifications: The New State of Play,” moderated by Lynn L. Bergeson. “The Environmental Protection Agency should work with chemical manufacturers and other parties to address some core issues complicating regulatory compliance for biobased and other chemical manufacturers, an attorney and an expert in chemical control regulations told EPA officials June 27. These issues can confuse chemical purchasers along with ... read more >
June 24, 2013
B2PAC Changes Name to BRAG, Conducts Workshops on TSCA
Washington, D.C. (June 24, 2013): The Biobased Products Advocacy Consortium (B2PAC) debuted today a new name, logo, and web address to describe more fully and descriptively the wide range of industrial biotechnology products made by its member companies. The consortium is now known as the Biobased and Renewable Products Advocacy Group, or BRAG. The new name and logo were previewed last week at the 2013 Biotechnology Industry Organization (BIO) World Congress on Industrial Biotechnology in Montreal. As has been the consortium's focus from the beginning, BRAG exists so that concerned ... read more >
June 13, 2013
Kathleen M. Roberts Testimony Before House Subcommittee Featured in Inside EPA
An Inside EPA article reporting on TSCA reform, “Despite States' Rights Push, Key Republican Seeks Preemption Under TSCA,” featured comments made by Kathleen M. Roberts before a House Subcommittee hearing entitled “Title I of the Toxic Substances Control Act: Understanding its History and reviewing its Impact.” “Kathleen Roberts, of the industry law firm Bergeson & Campbell, argued that ‘I would be concerned if there was not a 'least burdensome' aspect in the regulation because banning a whole chemical . . . can be problematic’ as ... read more >
June 13, 2013
Kathleen M. Roberts and Charles M. Auer Provide Expert TSCA Testimony before House Subcommittee
B&C® Consortia Management, L.L.C. Vice President Kathleen M. Roberts and Bergeson & Campbell, P.C. (B&C) affiliate Charles M. Auer of Charles Auer & Associates, LLC provided expert testimony before the House Energy and Commerce Subcommittee on Environment and the Economy today at a hearing entitled "Title I of the Toxic Substances Control Act [TSCA]: Understanding its History and Reviewing its Impact," an oversight hearing intended to enhance the Subcommittee's understanding of the current law and its operation. Ms. Roberts, in what she prefaced by ... read more >
June 6, 2013
"TSCA Premanufacture Notifications: The New State of Play" -- a webinar presented by Bloomberg BNA
Thursday, June 27, 2013 1:00 p.m. - 2:30 p.m. (EDT) Join Lynn L. Bergeson, Bergeson & Campbell, P.C.; Kathleen M. Roberts, B&C® Consortia Management, L.L.C.; Jim Alwood, U.S. Environmental Protection Agency's (EPA) Office of Pollution Prevention and Toxics (OPPT); and Tracy Williamson, Ph.D., EPA's OPPT for an informative, interactive, and lively webinar designed to help you navigate the Toxic Substances Control Act's (TSCA) evolving use of premanufacture notifications (PMN) and significant new use rules (SNUR). Bringing a new chemical substance to the market can ... read more >
May 29, 2013
B&C®'s Analysis of the Vitter/Lautenberg TSCA Reform Bill Featured in Inside EPA
Inside EPA featured B&C®’s commentary in an article titled “Early Concerns Hint At Senate Debate Over Bipartisan TSCA Reform Bill.” Read the full commentary, “The Chemical Safety Improvement Act: An In-Depth Review and Analysis,” ... read more >
May 29, 2013
The New York Times Features Comments from Charles M. Auer on Chemical Safety Improvement Act
In an editorial titled “An Opening to Strengthen Chemical Regulations,” the editorial board of the New York Times featured comments from B&C® affiliate Charles M. Auer of Charles Auer & Associates, LLC on the Chemical Safety Improvement Act of 2013, introduced in the Senate to revise the Toxic Substances Control Act: “Charles Auer, a career scientist and senior official at the agency under George W. Bush, has praised the bill for potentially resolving the risk management issues that hobble the existing law.” Read the article ... read more >
May 24, 2013
Senate Committee on Environment and Public Works Quotes Charles M. Auer's Comments on TSCA Reform Legislation
Charles M. Auer, former Director of the U.S. Environmental Protection Agency's Office of Pollution Prevention and Toxics, which is responsible for the implementation of the Toxic Substances Control Act (TSCA), was quoted in a press release issued yesterday by the Senate Committee on Environment and Public Works regarding the introduction of S. 1009, the Chemical Safety Improvement Act, historic bi-partisan TSCA reform legislation. Charlie is affiliated with Bergeson & Campbell, P.C. and its consulting affiliate The Acta Group. The press release including a link to the full text of ... read more >
April 12, 2013
Lautenberg Reintroduces TSCA Reform Bill Absent GOP Support
Pesticide and Chemical Policy quoted Lynn L. Bergeson in their April 12, 2013 Daily News Alert article on the reintroduced Safe Chemicals Act: “The Lautenberg bill is “the same as it ever was ... and offers no changes from what was passed," says Lynn Bergeson. "It is discouraging there is nothing new." But something new could be coming soon, specifically a Republican proposal to revamp TSCA from Sen. David Vitter (R-LA), the ranking member of the EPW committee. Details have been few and far between, but Vitter has been working on a proposal since the fall (See ... read more >
March 25, 2013
EPA Urged to Seek Discourse on Fractions Before Enforcing Alleged Notice Violations
The March 25, 2013, issue of Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, Kathleen M. Roberts, and Charles Auer in a special report on EPA’s increased interest in fractions. The article also referenced B&C’s March 11 memorandum on the enforcement effort, and the newly-formed coalition Alliance for Chemical Nomenclature (AChN), launched by B&C Consortia Management to address efforts by regulators around the world to seek greater precision in the names and identities of complex chemicals. For more information on AChN, click ... read more >
March 21, 2013
New Consortium Formed to Address “Fractions” and Chemical Nomenclature
B&C Consortia Management, L.L.C., an affiliate of Bergeson & Campbell, P.C., is pleased to announce the formation of the Alliance for Chemical Nomenclature (AChN), a coalition that brings together companies and organizations potentially impacted by the U.S. Environmental Protection Agency's (EPA) recent enforcement actions targeting the naming and listing of fractions of existing chemicals under the Toxic Substances Control Act (TSCA). AChN members are engaged in the manufacture or use of fractionated substances and unknown, variable, complex, or biological substances ... read more >
February 15, 2013
EPA Studies, California Rules May Guide “Risk” Level Absent TSCA Reform
The February 15, 2013, issue of Inside EPA quoted Lynn L. Bergeson extensively. “In lieu of reform legislation clearing Congress, Lynn Bergeson, a TSCA attorney and owner of law firm Bergeson & Campbell, told a recent legal conference that industry lawyers should be closely watching the agency’s first batch of five draft risk assessments, released last month, given that they could serve as an early indication of how EPA’s toxics office will handle risk analyses of existing chemicals — which are currently ‘grandfathered’ under TSCA. The assessments ... read more >
February 14, 2013
Change of Leadership on Senate Environment and Public Works Subcommittee Unlikely to Affect TSCA Reform Efforts
The February 14, 2013, issue of Bloomberg BNA Daily Environment Report notes Lynn L. Bergeson “anticipates Lautenberg’s move will not affect the TSCA-reform debate,” in the article “Lautenberg Stepping Down as Chairman Of Panel With TSCA, Superfund Jurisdiction.” “Lautenberg is still a champion of TSCA reform, and will no doubt continue to push for reform. Whether that happens any time soon continues to be doubtful given the lack of movement in the House. Whether a Vitter TSCA bill will jump start the TSCA debate is also unclear, but it should certainly ... read more >
November 8, 2012
Lynn L. Bergeson Publishes Comment on Lessons for U.S. Lawmakers from the EU’s REACH Program
Lynn L. Bergeson of Bergeson & Campbell, P.C. has published a response to the recent ELR report regarding lessons for the U.S. from the EU's REACH program. Among her recommendations are that U.S. lawmakers consider REACH from a practitioner's perspective rather than from an academic's to learn lessons relevant to U.S. chemicals management, and that lawmakers also consider Canada's Chemical Management Plan. "Comment on Regulating Industrial Chemicals: Lessons for U.S. Lawmakers from the European Union's REACH Program" appears in the November 2012 issue of ... read more >
August 16, 2012
Scope of Perfluorinated Chemical Use Rule, Plus EPA Expertise, Seen Limiting Criticism
The August 16, 2012, issue of Bloomberg BNA Daily Environment Report quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) August 15, 2012, proposed significant new use rule for perfluorinated ... read more >
August 3, 2012
Chemical Makers Filing Inventory Data as Aug. 13 Deadline Approaches, EPA Says
The August 3, 2012, issue of Bloomberg BNA Daily Environment Report quotes Kathleen Roberts concerning improvements the U.S. Environmental Protection Agency (EPA) has made to its electronic filing ... read more >
July 20, 2012
Lynn L. Bergeson Will Co-Chair Seminar on Chemical Management Laws
Bergeson & Campbell, P.C. (B&C), B&C Consortia Management, L.L.C. (BCCM), and The Acta Group (Acta) are pleased to announce that on October 26, 2012, Lynn L. Bergeson will Co-Chair a Practising Law Institute seminar entitled "Chemical Management Laws 2012: Business Opportunity, Public Protection or Barrier to Trade?" The seminar will be held in New York City, New York, and there will be groupcasts in Columbus, Ohio; Mechanicsburg, Pennsylvania; New Brunswick, New Jersey; Philadelphia, Pennsylvania; and Pittsburgh, Pennsylvania. There will also be a live webcast. The ... read more >
June 1, 2012
Stakeholders Writing Obituary for “Chemicals of Concern” List
The June 1, 2012, issue of Pesticide & Chemical Policy quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) proposal to establish a “chemicals of concern” list, which remains under Office of Management and Budget (OMB) ... read more >
May 3, 2012
Lynn L. Bergeson Co-Authors Chapter in ABA The Year in Review
Bergeson & Campbell, P.C. (B&C) and its consulting affiliates, B&C Consortia Management, L.L.C. (BCCM) and The Acta Group (Acta), are pleased to announce the publication of The Year in Review 2011: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources. The Year in Review provides an annual summary of developments in environmental, energy, and resources law. Lynn L. Bergeson co-authored the Pesticides, Chemical Regulation, and Right-to-Know 2011 Annual Report. The Year in Review is available for pre-order ... read more >
April 27, 2012
EPA Issues Significant New Use Rules for 119 Chemicals in Production
The April 27, 2012, issue of Bloomberg BNA Daily Environment Report quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) significant new use rules (SNUR) for 119 new ... read more >
April 26, 2012
Dozens of SNURs issued in April, but few signs of policy shift at EPA
The April 26, 2012, issue of Pesticide and Chemical Policy quotes Lynn L. Bergeson regarding the U.S. Environmental Protection Agency’s (EPA) increased use of significant new use rules ... read more >
April 4, 2012
EPA’s Novel SNURs Push TSCA Limits In Bid To Target ‘Existing’ Chemicals
The April 3, 2012, issue of Inside EPA refers to Bergeson & Campbell, P.C.’s March 20, 2012, memorandum regarding the U.S. Environmental Protection Agency’s (EPA) proposed significant new use rules (SNUR) that would require companies to report all new uses of five groups of ... read more >
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