February 7, 2024

Lynn L. Bergeson, “OSHA Issues Updated Process Safety Management Enforcement Guidance,” Chemical Processing, February 7, 2024.

On Jan. 26, 2024, the U.S. Occupational Safety and Health Administration (OSHA) issued updated enforcement guidance regarding compliance with OSHA’s standard for the Process Safety Management of Highly Hazardous Chemicals (PSM standard). The new directive, CPL 02-01-065, provides much-needed updates to the guidance issued in 1994 and explains OSHA’s current thinking regarding compliance with the PSM standard. ...
January 16, 2024

Lynn L. Bergeson, “Global Chemical Regulations: 2024 Will Be a Consequential Year,” Chemical Processing, January 15, 2024.

First, let’s look at U.S. policy and regulatory developments. In this election year, competing priorities will dominate U.S. Environmental Protection Agency (EPA) actions. The agency will seek to complete as many actions as possible while tempering its expectations to avoid any significant pre-election missteps. While there is no consensus on whether the Biden administration’s commitment to policy shifts in chemical management has elicited desirable results, reasonable people will agree it...
December 18, 2023

Lynn L. Bergeson, “The EPA is undermining the TSCA’s potential to reduce plastic waste,” Financier Worldwide, January 2024.

No discussion of energy issues would be complete without some mention of the utility of used plastic as a feedstock in the production of fuels, energy and building block chemicals. In spring 2023, the US Environmental Protection Agency (EPA) released its Draft National Strategy to Prevent Plastic Pollution (Strategy) to identify voluntary actions to prevent plastic waste. Plastics recycling, including both mechanical and ‘advanced’, is core to achieving improved post-use plastics materials...
December 13, 2023

Lynn L. Bergeson, “EPA Proposes Revised PBT Rules for decaBDE and PIP (3:1),” Chemical Processing, December 11, 2023.

It seems like yesterday when the U.S. Environmental Protection Agency (EPA) issued a final rule prohibiting isopropylated phosphate (3:1) (PIP (3:1)), and for many in the manufacturing sector, the world got a little bit crazier. The EPA vowed to revise the final rule and did so on Nov. 24, 2023. The EPA’s proposal would amend the regulations for decabromodiphenyl ether (decaBDE) and PIP (3:1), two of the five persistent, bioaccumulative and toxic (PBT) chemicals addressed in...
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...
November 8, 2023

Lynn L. Bergeson, “Reporting PFAS: reporting burden is the least of businesses’ worries,” Financier Worldwide, December 2023.

Ask just about anyone doing business in the US making or importing products that contain chemicals what they think about the US Environmental Protection Agency’s (EPA’s) new per- and polyfluoroalkyl substance (PFAS) reporting rule, and you will get a decidedly grumpy response. Granted, no businessperson welcomes any new chemical reporting obligation, but by any standard, the EPA’s 11 October 2023 final PFAS reporting rule is problematic and is inviting uniquely scathing criticism....
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....
September 15, 2023

Lynn L. Bergeson, “National Science and Technology Council Releases Sustainable Chemistry Report,” Chemical Processing, September 15, 2023.

Sustainable chemistry has become more central to business success than ever. Societal preferences and climate change implications are pressuring product manufacturers to develop, use and process sustainable chemicals. This trend is here to stay, and cultural, legal and regulatory drivers accelerating this trend are growing exponentially....
August 16, 2023

Lynn L. Bergeson, “EPA Rolls Out New PFAS Framework,” Chemical Processing, August 16, 2023.

The U.S. Environmental Protection Agency (EPA) announced on June 29, 2023, a new regulatory framework for addressing new per- and polyfluoroalkyl substances (PFAS) and new uses of existing PFAS. The framework outlines the EPA’s planned approach when reviewing these chemicals to ensure that, before they are allowed to enter commerce, they meet the safety standard under Section 5 of the Toxic Substances Control Act (TSCA). This article explains the significance of this development....
July 18, 2023

Lynn L. Bergeson, “TSCA, SNURs, and Plastic Waste-Based Feedstocks,” Chemical Processing, July 18, 2023.

On June 20, 2023, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNURs) under the Toxic Substances Control Act (TSCA) for 18 chemicals subject to premanufacture notices (PMNs). The rulemaking reflects a level of EPA discomfort with certain new chemicals derived from plastic waste. This article explains the significance of this proposal....