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On December 6, 2023, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch's article on the U.S. Environmental Protection Agency’s (EPA) recent proposal to overhaul its 2017 risk evaluation ‘framework’ rule. Lynn Bergeson and Rich Engler of Bergeson & Campbell said their primary concern centres around the proposal to remove scientific definitions like ‘best available science’ and ‘weight of the scientific evidence’ from the...
Category: TSCA
December 5, 2023
TOP TSCA TOPICS: Cumulative Risk, NAMs, Risk Evaluations, CBI, and More!, May 17, 2023 11:00 a.m. – 12:00 p.m. (EDT), via webinar
During this one-hour webinar, Anna B. Lowit, Ph.D., Senior Science Advisor, the U.S. Environmental Protection Agency (EPA) Office of Pollution Prevention and Toxics (OPPT); Richard E. Engler, Ph.D., Director of Chemistry, Acta; and Lynn L. Bergeson, President, Acta, discussed groundbreaking science policy initiatives in furtherance of implementation of the Toxic Substances Control Act (TSCA). As EPA advances New Approach Methodologies (NAM), cumulative risk assessment methodologies, and...
December 5, 2023
HCPA 2023 Annual Meeting, December 3-6, 2023, Fort Lauderdale, FL
HCPA’s Annual Meeting engages on the public policy issues that impact the household and commercial products industry. Thought leaders will discuss legislative and regulatory issues, information related to product registrations, sustainability, and industry trends. Richard E. Engler, Ph.D., Director of Chemistry, Acta, will present on TSCA Section 6 risk management issues....
On December 4, 2023, comments by Lynn L. Bergeson and Christopher Blunck were featured in Chemical Watch's article regarding a TSCA section 5(f) orders prohibiting Texas-based Inhance Technologies from producing certain PFAS when fluorinating plastic containers, a move the company said will threaten its "very existence" and affect thousands of downstream businesses. According to Bergeson & Campbell managing partner Lynn Bergeson, the severity of the remedy (cessation of...
November 30, 2023
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted in Chemical Watch Article “TSCA risk evaluation for formaldehyde will follow existing procedural rule”
On December 6, 2023, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch's article on the U.S. Environmental Protection Agency's (EPA) plan to conduct its TSCA risk evaluation of formaldehyde following procedures in its existing risk evaluation ‘framework’ rule, rather than those set out in a recent regulatory proposal. Lynn Bergeson and Richard Engler of law firm Bergeson & Campbell said they were surprised to hear the agency would rely...
On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. 88 Fed. Reg. 82287. In the proposed rule, EPA states that after receiving additional comments following the...
November 17, 2023
Lynn L. Bergeson, “EPA Proposes Ban on Trichloroethylene,” Chemical Processing, November 17, 2023.
Unsurprisingly, the U.S. Environmental Protection Agency (EPA) proposed on Oct. 31, to ban all uses of trichloroethylene (TCE) after determining it presents an unreasonable risk of injury to human health under conditions of use pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used in cleaning and furniture-care products, degreasers, brake cleaners and tire repair sealants. Alternatives are available for many uses. The proposed rule would ban TCE’s manufacture, processing...
The U.S. Environmental Protection Agency (EPA) proposed on October 31, 2023, to ban all uses of trichloroethylene (TCE) after determining that it presents an unreasonable risk of injury to human health under its conditions of use as documented in EPA’s November 2020 risk evaluation (2020 TCE RE) and January 2023 revised risk determination (2023 Revised RD) pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 74712. According to EPA’s October 23, 2023, press release, TCE is...
The U.S. Environmental Protection Agency (EPA) announced on October 19, 2023, a proposed rule that would amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). Published in the Federal Register on October 30, 2023, the proposed rule states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or...
October 16, 2023
Lynn L. Bergeson, “EPA Issues Final Rule on TSCA PFAS Reporting Requirements,” Chemical Processing, October 16, 2023.
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule requires reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed in this article, the final rule is not what many of us expected nor wanted....
October 11, 2023
Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA’s Final PFAS Data Rule Seen as Ripe for Industry Challenges”
On October 10, 2023, comments by Lynn L. Bergeson were featured in Bloomberg Law's article on the U.S. Environmental Protection Agency's (EPA) decision to require companies to report extensive information about per- and polyfluoroalkyl substances (PFAS) in their merchandise. Not every attorney thinks the rule could be legally vulnerable.The regulatory burden, especially on small business entities, is high, and the scope of the reporting obligation is “insanely broad,” said...
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...
September 28, 2023
EPA and DOJ Claim eBay Unlawfully Sold Pesticides, Banned Chemical Products, and Devices That Defeat Pollution Controls on Motor Vehicles
The U.S. Environmental Protection Agency (EPA) announced on September 27, 2023, that the U.S. Department of Justice (DOJ), on behalf of EPA, filed a complaint against eBay Inc. (eBay) “for unlawfully selling, offering for sale, causing the sale of, and distributing hundreds of thousands of products” in violation of the Clean Air Act (CAA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), and the Toxic Substances Control Act (TSCA). According to EPA, the complaint seeks a...
September 12, 2023
Regulatory Summit Americas 2023, September 25-26, 2023, Washington, DC and via webinar
The two-day Regulatory Summit Americas conference, presented by Chemical Watch focuses on the latest developments in global chemicals regulation, providing an in-depth review of the Americas, Europe, Asia and elsewhere around the world. Lynn L. Bergeson, Acta President, will present "TSCA reporting including PFAS and Asbestos" and Lisa R. Burchi, Senior Regulatory Consultant, will present "Legal requirements of the Federal Trade Commission (FTC) Green Guides" on September 25,...
The U.S. Environmental Protection Agency (EPA) announced on August 15, 2023, that it issued the third Toxic Substances Control Act (TSCA) test order requiring testing on per- and polyfluoroalkyl substances (PFAS) under EPA’s National PFAS Testing Strategy. EPA has ordered the Chemours Company FC LLC, E. I. du Pont de Nemours and Company, and 3M Company to conduct and submit testing on 2,3,3,3-Tetrafluoro-2-(heptafluoropropoxy)propanoyl fluoride (HFPO-DAF), “a substance used as...
The U.S. Environmental Protection Agency (EPA) will hold a webinar on September 6, 2023, on its new framework (the Framework) for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS under the Toxic Substances Control Act (TSCA). According to EPA, the Framework outlines EPA’s planned approach when reviewing new PFAS and new uses of existing PFAS to ensure that, if allowed to enter into commerce, they will not be...
August 7, 2023
OIG Reports that EPA “Lacks Complete Guidance for the New Chemicals Program to Ensure Consistency and Transparency in Decisions”
On August 2, 2023, the U.S. Environmental Protection Agency’s (EPA) Office of Inspector General (OIG) released a report entitled The EPA Lacks Complete Guidance for the New Chemicals Program to Ensure Consistency and Transparency in Decisions. According to OIG, EPA’s New Chemicals Division (NCD) “lacks assurance that the new chemicals review process operates as intended and achieves its objective to protect human health and the environment.” OIG made four recommendations,...
July 31, 2023
Draft Supplement to Risk Evaluation and Draft Revised TSCA Risk Determination for 1,4-Dioxane for Public Comment
On July 10, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of the draft supplement to the risk evaluation for 1,4-dioxane for public comment and peer review. 88 Fed. Reg. 43562. EPA states in its July 7, 2023, press release that the draft supplement to the 2020 risk evaluation considers air and water exposure pathways that were excluded from the earlier risk evaluation and exposure to 1,4-dioxane generated as a byproduct. The draft...
July 26, 2023
EPA Will Propose to Ban Uses of CTC That Have Been Phased Out and Establish WCPP for Uses Not Prohibited
On July 17, 2023, the U.S. Environmental Protection Agency (EPA) announced that it will propose to ban uses of carbon tetrachloride (CTC) that have been phased out and establish a workplace chemical protection program (WCPP) for uses not prohibited to address the unreasonable risk to human health. EPA states in the prepublication version of the proposed rule that it determined that CTC presents an unreasonable risk of injury to health due to cancer from chronic inhalation and...
July 14, 2023
EPA Announces New Framework Intended to Prevent Unsafe New and New Uses of PFAS from Entering the Market
The U.S. Environmental Protection Agency (EPA) announced on June 29, 2023, a new framework (the Framework) for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS. The Framework outlines EPA’s planned approach when reviewing new PFAS and new uses of PFAS to ensure that, before these chemicals are allowed to enter into commerce, EPA will undertake an extensive evaluation to ensure they pose no harm to human health and the environment....