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November 23, 2021

Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Chemical Watch in “TSCA approach for addressing abandoned PFASs may invite criticism”

The ACTA Group

On November 23, 2021, Chemical Watch featured comments by Lynn L. Bergeson, President, The Acta Group (Acta®) and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding a U.S. Environmental Protection Agency (EPA) plan to use Toxic Substance Control Act (TSCA) significant new use rules (SNUR) to address inactive per- and polyfluoroalkyl substances (PFAS).

“The Snur authority is a de facto bar to manufacture/import,” Lynn Bergeson and Rich Engler of law firm Bergeson & Campbell said. Requiring companies to submit a significant new use notice (Snun) “leaves EPA in complete control of reviewing and approving or not a ‘new use’” of a substance.


The EPA received harsh criticism over its 2019 decision to impose a Snur on asbestos, with some public health advocates at the time describing the move as “toothless” and a “half step”. 

Ms Bergeson and Dr Engler said this outlook may stem from a “flawed understanding” of how a Snur functions. But in the case of PFASs, “whether EPA will choose to risk another round of likely criticism is unclear”, they said. 

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