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June 30, 2016

“Amended Law Affecting New Chemicals’ Market Entry,” Article Quotes Lynn L. Bergeson On PMN Reviews

The ACTA Group

On June 30, 2016, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted in the Bloomberg BNA Daily Environment Report article “Amended Law Affecting New Chemicals’ Market Entry,” discussing the impact of Toxic Substances Control Act (TSCA) Reform on U.S. Environmental Protection Agency (EPA) premanufacture notifications (PMNs) reviews.

Lynn Bergeson, managing partner of Bergeson & Campbell PC, told Bloomberg BNA June 30 that because of the changes, the Environmental Protection Agency “reset the clock” and is re-reviewing all new chemical premanufacture notifications (PMNs) that had been submitted to it prior to TSCA being amended. Such an action ignores the law’s mandate that supports innovation, Bergeson said.

She was referring to a decision the EPA announced June 23.

The EPA said the 90-day review period the law provides for the agency to review PMNs would begin anew for all new chemicals—even if they had been submitted to the agency prior to President Obama signing the TSCA amendments into law on June 22.

Clients Bergeson’s law firm represented had at least 30 PMNs pending at the EPA, which were affected by its decision to re-review all new chemicals under the regulatory standard of the amended law, she said during a June 28 American Bar Association luncheon focused on the TSCA amendments.

Some of the new chemicals the chemical manufacturers sought to make already had been reviewed by the agency, which was ready to let them enter commerce—until the clock was reset, she said.

Restarting the reviews ignores the requirement in Section 2(b)(3), Bergeson said.