January 3, 2024

Forecast for U.S. Federal and International Chemical Regulatory Policy 2024

Click here for a PDF brochure of the memorandum Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are delighted to share with you our Forecast 2024. This carefully curated document represents our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. Given the global state of...
November 22, 2023

Global Regulatory Update for November 2023

AUSTRALIA AICIS Posts Video On Proposed Changes To AICIS Rules And Guidelines On Categorization, Reporting, And Recordkeeping: The Australian Industrial Chemicals Introduction Scheme (AICIS) has posted videos of webinars held in September and October 2023 on proposed changes to AICIS Rules and Guidelines on categorization, reporting, and recordkeeping: Comments were due November 9, 2023. CANADA HC Announces Launch Of Canadian Product Safety Pledge: On September 28, 2023, Health Canada (HC)...
May 22, 2023

PFAS – What to Know Now, and What to Expect

Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are attracting global legal, regulatory, commercial, and litigation attention as no other “emerging contaminant” has. Companies producing, processing, distributing, and/or using these substances must be aware of global legal and scientific developments and take steps now to minimize legal, regulatory, and commercial risk. Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) have prepared...
February 23, 2024

ECHA Begins Public Consultation on Recommending Authorization for Five SVHCs and Adding a New Hazard to DBP

The European Chemicals Agency (ECHA) announced on February 7, 2024, that it is considering recommending the following substances for the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Authorization List: ECHA states that it is looking for further information on the uses of these substances in scope of authorization, their possible exemptions from the authorization requirement, and on the structure and complexity of the supply chains. ECHA encourages REACH...
February 16, 2024

EPA Extends Submission Deadline for Polymer Exemption Reports and Accompanying Claims

The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by extending the submission deadline for reporting. 89 Fed. Reg. 12248. EPA notes that the regulations require that manufacturers (includes importers) of polymers manufactured under the terms of the exemption submit a report of manufacture or import by January 31 of the year...
February 14, 2024

EPA Releases Final TSCA Fees Rule

On February 8, 2024, the Environmental Protection Agency (EPA) announced its final amendments to the 2018 final rule that established fees for the administration of the Toxic Substances Control Act (TSCA). The final rule includes changes to the fee amounts and EPA’s total costs for administering TSCA; exemptions for entities subject to the EPA-initiated risk evaluation fees; exemptions for test rule fee activities; modifications to the self-identification and reporting requirements of...
February 9, 2024

ECHA’s New Database for Chemicals Includes Information from all REACH Registrations

The European Chemicals Agency (ECHA) announced on January 30, 2024, the launch of ECHA CHEM, its “new solution for publishing information on chemicals.” According to ECHA, the first version of ECHA CHEM includes information from the more than 100,000 Registration, Evaluation, Authorisation and Restriction of Chemicals regulation (REACH) registrations that companies have submitted to ECHA. On the support page for ECHA CHEM, ECHA notes that as it gradually transfers the data it makes publicly...
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. ...
February 5, 2024

EPA Proposes to Modify the Definition of Hazardous Waste and Add Multiple PFAS as Hazardous Constituents

The U.S. Environmental Protection Agency (EPA) announced on February 1, 2024, two proposed rules that will add to its comprehensive approach to tackling per- and polyfluoroalkyl substances (PFAS) pollution and the commercial bottom line for hundreds of businesses facing costs for cleanup. The first proposed rule would modify the definition of hazardous waste as it applies to cleanups at permitted hazardous waste facilities. EPA states that this modification “would assure that EPA’s...
February 2, 2024

EPA Releases Draft Updates to Its Scientific Integrity Policy for Public Comment

On January 24, 2024, the U.S. Environmental Protection Agency (EPA) began a 30-day public comment period on the draft updates to its Scientific Integrity Policy (Policy). 89 Fed. Reg. 4606. EPA states that in accordance with the requirements of the 2021 Presidential Memorandum on Restoring Trust in Government Through Scientific Integrity and Evidence-based Policymaking, it is revising its Policy. The updated Policy will adopt a new federal definition of scientific integrity and “meaningfully...
January 30, 2024

EPA Holds Webinar on PFAS Reporting Rule Requirements

On January 25, 2024, the U.S. Environmental Protection Agency (EPA) held a webinar on EPA’s Toxic Substances Control Act (TSCA) Section 8(a)(7) rule on the reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). During the webinar, EPA provided an overview of the rule’s requirements. EPA also answered questions from webinar participants and stated that it is preparing a frequently asked questions (FAQ) document that it intends to circulate in early summer...
January 29, 2024

Senate Committee Holds Hearing on TSCA Implementation

The Senate Environment and Public Works Committee held a hearing on January 24, 2024, on “Oversight of Toxic Substances Control Act (TSCA) Amendments Implementation.” Michal Freedhoff, Ph.D., Assistant Administrator (AA) of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) was the Committee’s sole witness. Committee Chair Tom Carper (D-DE) and Ranking Member Shelley Moore Capito (R-WV) provided opening statements. On the whole, no...
January 23, 2024

ECHA Adds Five Chemicals to Candidate List of SVHCs for Authorization

The European Chemicals Agency (ECHA) announced on January 23, 2024, that it added five chemicals to the Candidate List of substances of very high concern (SVHC) for authorization and updated the existing entry for dibutyl phthalate to include its endocrine-disrupting properties for the environment: Substance Name Reason for Inclusion Examples of Uses 2,4,6-Tri-tert-butylphenol Toxic for reproduction (Article 57(c))   Persistent, bioaccumulative, and toxic (PBT) (Article 57(d)) Manufacture...