ACTA News: Federal/EPA Regulatory Policy

February 2, 2023
“What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar Available On-Demand
The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed the U.S. Environmental Protection Agency’s (EPA) ... read more >
January 18, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “What should we expect from TSCA in 2023?"
On January 18, 2023, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding changes expected from the U.S. Environmental Protection Agency (EPA) in the coming year.  According to attorneys at Bergeson & Campbell, the EPA has pulled senior scientists from across the agency to assist with new chemicals reviews, while continuing to hire new ones. "The onboarding and training of new assessors will take time, but EPA’s performance in reviewing PMNs should improve throughout 2023," firm attorneys said in ... read more >
January 6, 2023
The Acta Group Releases 2023 Forecast for U.S. Federal and International Chemical Regulatory Policy
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 pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023. Here at home, most would agree the Biden Administration has made bold and consequential ... read more >
October 5, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Quicker EPA Review Offered for New Energy-Use Chemicals"
On October 5, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency's (EPA) announcement of a streamlined risk review of new chemicals that can be used for electric vehicle batteries, semiconductors, and renewable energy to determine whether they can be produced in the US.  The new approach is a welcome addition to the mix of new approaches the EPA is using to expedite chemical reviews, said Lynn L. Bergeson, managing partner of Bergeson & Campbell PC, which counsels the ... read more >
September 7, 2022
Register Now for "Environmental, Social, and Governance Issues: A Business Imperative" on October 11, 2022
  October 11, 2022 12:00 p.m. - 1:00 p.m. (EDT) REGISTER NOW Environmental, Social, and Governance (ESG) performance is more than an aspiration, and realizing it in real time is not easy. A well-designed ESG strategy can achieve meaningful improvements in corporate performance and provide real value to stakeholders through specific commitments to corporate responsibility. Any such approach, however, must be measurable, transparent, and accountable. Join experts from FTI Consulting, Christine DiBartolo and Ken Ditzel, and Lynn L. Bergeson, for a Bergeson & Campbell, P.C. ... read more >
July 12, 2022
Lynn L. Bergeson Quoted by Chemical Week in Article “Supreme Court curbs EPA’s ability to regulate power plant emissions”
On July 11, 2022, Chemical Week quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a Supreme Court ruling that limits the US Environmental Protection Agency’s (EPA) authority to combat climate change by regulating emissions from existing power plants. Legal experts say the decision could have broader implications for EPA’s ability to regulate chemicals. “The Court seems to have put a name to what some believe is a pretext for conservative courts to blunt agency action on the grounds the text does not allow for a particular ... read more >
June 2, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA: EPA unlikely to defer risk management to other federal agencies”
On May 31, 2022, Richard E. Engler, Ph.D., Director of Chemistry with The Acta Group (Acta®), was quoted by Chemical Watch regarding a recent proposed Toxic Substances Control Act (TSCA) risk management rule that provides insights into the potentially limited extent to which the U.S. Environmental Protection Agency (EPA) will defer to other agencies, despite concern from industry that this could lead to duplicative requirements. Richard Engler, director of chemistry at law firm Bergeson & Campbell, said he expects the agency will be open to stakeholder comments on ... read more >
May 23, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA asbestos proposal to put cost-benefit considerations under the microscope”
On May 20, 2022,  Richard E. Engler, Ph.D., Director of Chemistry with The Acta Group (Acta®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency's (EPA) proposal to ban all ongoing uses of chrysotile asbestos, including a two-year deadline for the chlor-alkali industry to stop using asbestos diaphragms in the production of chlorine. The 12 April proposal – the first issued under the amended TSCA in response to a completed risk evaluation – floats what the agency calls an "aggressive transition" away ... read more >
April 21, 2022
Recording Available: “FIFRA Hot Topics”
Bergeson & Campbell, P.C.’s (B&C®) April 20, 2022, webinar “FIFRA Hot Topics” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/7426709986449689102. During this one-hour webinar, Lisa M. Campbell, Partner, B&C, moderated a lively and informative discussion between Edward Messina, Director, U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP), and James V. Aidala, Senior Government Affairs Consultant, B&C, as they discussed key OPP developments and priorities.   With year one of the Biden ... read more >
April 4, 2022
Lynn L. Bergeson Quoted in Bloomberg Law Article “White House to Define ‘Sustainable Chemistry’ as EU Demands It”
On April 1, 2022, an article written by Lynn L. Bergeson, President, The Acta Group (Acta®), was referenced by Bloomberg Law regarding the White House's efforts to define "sustinable chemistry." The quoted article, "Don’t Ignore Game-Changing EU Environmental Initiatives," discusses noteworthy European Union (EU) chemical regulatory and policy initiatives that are expected to impact U.S. chemical stakeholders.   The White House wants help defining “sustainable chemistry” in an effort that ... read more >
January 5, 2022
Register Now for “What to Expect in Chemicals in 2022”
2022 will bring competing priorities for the U.S. Environmental Protection Agency (EPA) for which companies should now prepare. The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) is pleased to present “What to Expect in Chemicals in 2022,” a webinar offering our best informed judgment as to the trends and key developments B&C’s legal, scientific, and regulatory professionals expect to see in 2022. These include consequential policy shifts reflecting the Biden Administration’s “all of government” commitment to ... read more >
January 3, 2022
The Acta Group Releases 2022 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2022. The extraordinary diversity and complexity of global industrial, agricultural, and biocidal chemical initiatives in which our clients engage are reflected in the detailed summary that follows, prepared by the legal, scientific, and regulatory professionals of B&C, Acta, and BCCM. In this comprehensive overview, we offer our best informed judgment as to the trends ... read more >
December 15, 2021
Lynn L. Bergeson and Christopher R. Blunck Quoted by Bloomberg Law in “EPA to Miss Chemical Deadlines, Exposing Public to Risks”
On December 14, 2021, Lynn L. Bergeson, President, The Acta Group (Acta®), and Christopher R. Blunck, Senior Regulatory Specialist, Acta, were quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) recently released regulatory agenda that “anticipates the agency missing at least five of 10 deadlines the 2016 Toxic Substances Control Act (TSCA) amendments set to restrict too-risky chemicals already on the U.S. market" and "offers no timeline to comply with a 2017 appropriations bill requirement to redefine housing ... read more >
December 13, 2021
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “EPA Stops Posting ‘Critically Important’ Chemical Risk Data”
On December 13, 2021, Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®) was quoted by Bloomberg Law regarding a substantial decrease in chemical data being posted to the ChemView database by the U.S. Environmental Protection Agency (EPA) due to resource constraints. This information is used by the public, industry, and environmental groups to easily access health and safety information for hundreds of chemicals. Businesses might need the information to decide whether to purchase a chemical, design an alternative, or improve its health and safety ... read more >
October 14, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA Strategy Coming to Combat Plastic Pollution, Boost Recycling”
On October 14, 2021, Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to release a national strategy to reduce plastic waste, improve recycling, and boost the market for recycled goods. Ms. Bergeson discussed these issues during the "Moving Towards “Cradle-to-Cradle”: Regulatory Drivers and Barriers in Reducing Waste and Achieving Sustainable Lifecycle Management and a Circular Economy" session of the ABA Section of Environment, Energy, and ... read more >
July 8, 2021
Lynn L. Bergeson Quoted in Bloomberg Law Article "Chemical Reviews Will Ensure Worker Safety, EPA Toxics Head Says"
On July 7, 2021, Bloomberg Law featured comments by Lynn L. Bergeson, President, The Acta Group (Acta®) regarding a U.S. Environmental Protection Agency (EPA) announcement of policies to review the first round of chemical analyses that were performed under the 2016 amendments to the Toxic Substances Control Act (TSCA). The Biden administration is concerned the Trump administration’s policies to examine chemicals’ risks led to conclusions that ignored too many ways the chemicals might harm people or the environment. Others are concerned that the Biden EPA is ... read more >
May 24, 2021
Lynn L. Bergeson Quoted by Law 360 in "4 Ways Biden Is Making Headway On Chemical Oversight"
On May 21, 2021, Law 360 quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding some of the first moves of the Biden Administration.  President Joe Biden picked Michal Freedhoff, who helped draft the amendments and worked for the Democrats on the Senate Environment and Public Works Committee during the Trump administration, to lead the agency's Office of Chemical Safety and Pollution Prevention. Freedhoff is already in place at the agency, where she serves as the principal deputy assistant administrator, and was involved in the agency's work ... read more >
May 20, 2021
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “What would substance-wide TSCA risk determinations and other new approaches mean for stakeholders?”
On May 20, 2021, Chemical Watch featured comments by Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®) regarding recent policy shifts signaled by the US EPA on how it conducts TSCA risk evaluations. Incorporating environmental justice considerations "may present a significant analytical challenge if EPA seeks to move beyond a fenceline cumulative exposure approach", for example, if a worker is exposed at work and then through living near that facility, said Richard Engler, director of chemistry at Bergeson & Campbell.  "It is not ... read more >
January 28, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted in Chemical Watch Article "TSCA implementation may be ‘significantly different’ under Biden"
On January 28, 2021, Chemical Watch featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C regarding changes to the Toxic Substance Control Act (TSCA) under Biden. "TSCA implementation and interpretation could be significantly different" under the new administration, Lynn Bergeson, managing partner at Bergeson & Campbell, told Chemical Watch. [...] Ms. Bergeson agreed that there is enough ambiguity in the rule to allow for different policy interpretations. "Any ... read more >
January 26, 2021
Comments by Lynn L. Bergeson Featured in Chemical Watch “Global Outlook 2021: Risk assessment and management under TSCA – what should we expect?”
Chemical Watch’s “Global Outlook 2021: Risk assessment and management under TSCA – what should we expect?” includes a conversation between Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Terry Hyland, North America Managing Editor, Chemical Watch, regarding what to expect from the Biden Administration and the U.S. Environmental Protection Agency (EPA) in 2021. Excerpts from the article are below. New challenges also lie ahead for the EPA, still working to update its TSCA fees rule and dealing with legal cases that could bring an ... read more >
January 20, 2021
Comments by Lynn L. Bergeson Discussing Biden Chemical Policy Featured in Bloomberg Environment & Energy Report
On January 20, 2021, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) were featured in the Bloomberg Environment & Energy Report article "Biden Day 1 Presages ‘Far More Aggressive’ Chemicals Stance." Lynn Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical policies, saw the selected TSCA rules and policies as focusing on the entire process EPA has used to examine and regulate chemicals through an environmental justice “lens.” That lens will find many problems, she said, ... read more >
January 12, 2021
Richard E. Engler, Ph.D. Quoted in Bloomberg Environment & Energy Report Article "OSHA, EPA to Share Trade Secrets in Joint New Chemicals Work"
On January 12, 2021, Bloomberg Environment & Energy Report featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding an agreement between the U.S. Environmental Protection Agency (EPA) and the Occupational Safety and Health Administration (OSHA) to share trade secrets about chemicals that manufacturers seek to produce or import. Richard E. Engler, director of chemistry with Bergeson and Campbell PC, said unresolved questions—including who would regulate when—remain. There are situations when either ... read more >
August 12, 2020
Richard E. Engler, Ph.D., Quoted in Bloomberg Environment Article “Utilities Want to Use EPA Chemicals Law to Protect Drinking Water”
On August 10, 2020, Bloomberg Environment featured comments by Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®) regarding water utilities requesting the U.S. Environmental Protection Agency (EPA) use all its regulatory tools to safeguard drinking water as it decides whether to allow new chemicals into U.S. commerce. The utilities’ efforts are part of a broader trend in which new businesses are recognizing the chemicals law can affect them, said Richard E. Engler, director of chemistry at the law firm Bergeson and Campbell PC. “More ... read more >
March 25, 2020
Lynn L. Bergeson Quoted in Bloomberg Environment Article “Auto, Other Importers to Get Chemical Fees Break, EPA Says”
On March 25, 2020, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) was quoted by Bloomberg Environment in response to the U.S. Environmental Protection Agency’s (EPA) decision to not go after certain companies that failed to identify themselves to help pay a portion of the chemical risk evaluation fee imposed by a Toxic Substances Control Act fee rule issued in October 2018. The exempted companies include those that import products such as cars, computers, and furniture that contain one or more of the 20 chemicals; manufacturers that produce the ... read more >
March 23, 2020
Comments by Lynn L. Bergeson Featured in Bloomberg Environment Article “EPA Ruling Could Allow Controversial Nanoparticles in Pesticides”
On March 23, 2020, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) were featured by Bloomberg Environment regarding a proposed registration for Polyguard, which uses nanosilver particles to protect textiles from microbes and bacteria. Lynn Bergeson, managing partner of Bergeson & Campbell P.C., said Polyguard’s registration application is much more targeted, for use only on textiles. “It’s also formulated differently, it’s not in a liquid suspension (like NSPW-L30SS), it’s in the form of a plastic bead or ... read more >
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