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November 7, 2014

Key Presentations, Video Clips, and Daily Reports from ChemCon The Americas 2014

The ACTA Group

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), Jaeyoung You of Korea’s Ministry of Trade, Industry and Energy (MOTIE), and more than 30 other government and industry experts.

The ChemCon Daily features reports from each session, and the ChemCon YouTube channel has interviews with speakers, clips from sessions, and highlights of the exhibits and networking opportunities.

As sponsors and partners of ChemCon, Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to make available to our clients and friends our presentations from ChemCon.

Next Generation Chemical Regulation: California Safer Consumer Products Regulations and TSCA Reform, Definitely, Maybe, Respectively,” Lynn L. Bergeson, Managing Partner, B&C, and President, Acta, October 29, 2014.

Ms. Bergeson reviewed the background and scope of the California Safer Consumer Products Regulations; the concept of responsible entities and their obligations; identification and prioritization of Candidate Chemicals; the critically important implications of product category listings in the Priority Products Work Plan; Alternatives Assessments; Trade Secrets; and regulatory response, enforcement, and dispute resolution. Ms. Bergeson called the approach innovative, but stated there are still kinks that need to be ironed-out. During the Q&A, she stated the work carried out on the first three chemical-product combinations, which were announced in September, “will be illustrative of what we can expect.” She warned there might be impacts from the assessments on other chemical uses, but overall she stated: “I do believe there will be some tremendous product marketing opportunities.” To receive a copy of this presentation, please contact

“Data Requirements and Development of a Global Test Program,” Leslie S. MacDougall, Director of Regulatory Affairs, Acta, October 27, 2014.

Ms. MacDougall stressed in her presentation the critical importance of good communication between a substance’s business managers and product stewardship team for a successful global test program strategy. She noted that the vigorous Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) substance identification process is increasingly reassigning chemicals thought to be “existing” to the “new substances” category. She noted many variations in the studies requested by jurisdictions globally. For instance, while some countries accept Organization for Economic Cooperation and Development (OECD) tests, other countries such as Japan and China request tests using specific species or conducted in their own in-country laboratories. To receive a copy of this presentation, please contact

“Regulations for Industrial Chemicals in China — An Industry Overview,” J. Brian Xu, M.D., Ph.D., DABT®, Toxicologist, Acta, October 30, 2014.

Dr. Xu described the various programs that together comprise industrial chemical control in China, including China Ministry of Environmental Protection (MEP) Order No. 7 — New Chemicals, China Globally Harmonized System of Classification and Labeling of Chemicals (GHS) and Regulations of Hazardous Chemicals, and Restriction of Hazardous Substances (RoHS) in China. He highlighted the compliance challenges facing industry, including lack of consistency in regulatory terms, lack of prescriptive guidance, and ineffective implementation by authorities. He shared examples of lessons learned by companies operating in the region, and emphasized what is new in the regulations in the last two years. To receive a copy of this presentation, please contact

“Global Liability: Data Available under REACH and Global Impacts of that Availability,” Leslie S. MacDougall, Director of Regulatory Affairs, Acta, October 31, 2014.

In her final presentation, part of the session on Korea and K-REACH, Ms. MacDougall noted that data sharing is not mandatory under K-REACH as it is under European Union (EU) REACH, and it is not known at present how or if data generated for EU REACH will be used by Korean authorities. REACH data-sharing agreements tend to specify that the information can only be used for EU chemicals regulation. She explained how companies generate and share data under REACH, what data compensation issues may arise and the standards that have been developed, and the four key areas of liability when it comes to data sharing. To receive a copy of this presentation, please contact

In addition to presenting, Ms. Bergeson chaired the session on REACH, and Ms. MacDougall participated in those sessions regarding China, including facilitating the Q&A portions of the program.

Forthcoming ABA-Published Global Chemical Control Handbook Announced at ChemCon

Visitors to the B&C and Acta booth at ChemCon were invited to enter-to-win copies of Global Chemical Control Handbook: A Guide To Chemical Management Programs, the forthcoming book edited by Lynn L. Bergeson and published by the American Bar Association (ABA) Section of Environment, Energy, and Natural Resources. Publication is scheduled for December 2014.

Globalization and the emergence worldwide of sophisticated chemical management programs invite complex legal, commercial, and scientific challenges. These challenges extend far beyond compliance questions that, by comparison, seem now nostalgically straightforward. Global Chemical Control Handbook: A Guide To Chemical Management Programs is intended to familiarize readers with these global chemical control programs and enable them to anticipate associated issues that may arise in legal and commercial settings.

The Handbook is organized by country and/or regulatory program and includes stand-alone sections discussing forecasts and trends, and includes sections on:

  • United States — Toxic Substances Control Act (TSCA)/Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and State Law
  • Canada — Canadian Environmental Protection Act, 1999 (CEPA 1999)
  • Europe – EU REACH, RoHS, Waste from Electric and Electronic Equipment (WEEE), Biocidal Products Regulation (BPR)
  • Mexico, Central America, and South America chemical regulation
  • Asia — K-REACH, Toxic Chemicals Control Act (TCCA), Order No. 7, Decree No. 591

Each of the focused chapters in the Handbook, and the helpful commentary and resources, help to ground environmental professionals and readers-at-large in the diverse regulatory structures that they may encounter in hands-on interactions with chemical management regulations in the United States or abroad. Knowing what to expect, and how to prepare for it, are essential steps in successfully navigating these systems.

Global Chemical Control Handbook: A Guide To Chemical Management Programs will be available next month to purchase via the ABA online bookstore.

For more information on the Handbook, ChemCon, or services offered by B&C and Acta, please contact Heidi Brown Lewis.