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 >
March 18, 2020
Comments by Richard E. Engler, Ph.D., Featured in Bloomberg Environment Article “Groups Say EPA’s Withholding New Chemicals Data From Public”
On March 18, 2020, Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment regarding a lawsuit brought against the U.S. Environmental Protection Agency (EPA) saying the agency failed to provide information about chemical use and new chemicals to which the public is legally entitled.
“I do not question the plaintiffs’ goals—EPA has a clear obligation and should re-commit to meeting those obligations—but do question whether a lawsuit is the most efficient way to achieve those goals,” said ... read more >
March 11, 2019
Bloomberg Environment Includes Quotes from James V. Aidala in “EPA Budget Calls for Speedier Pesticide Reviews”
On March 11, 2019, Bloomberg Environment featured comments by James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®), regarding a plan for the U.S. Environmental Protection Agency (EPA) to cut two months off the time it takes to review pesticide registrations.
One chemical-industry consultant says the EPA’s ability to shave 60 days from its reviews depends on the kind of registration.
“You’re not going to cut two months from a product with a four- or a six-month review time,” said James V. Aidala, a government affairs ... read more >
February 15, 2019
Lynn L. Bergeson Quoted in Inside EPA Article “Plaintiffs Weigh Appeal After Court Rejects EPA Science Advisor Policy Suit”
On February 15, 2019, Inside EPA featured comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), regarding a suit brought against the Trump EPA's policy barring any recipient of an EPA grant from serving on one of its many scientific advisory committees
McFadden's ruling is not a total victory for EPA, since the agency had argued for dismissal on standing, ripeness and merits grounds. While McFadden dismissed the suit on the merits, he did find for the plaintiffs on standing and ripeness -- and the other judges could as well.
Lynn Bergeson, ... read more >
February 5, 2019
Inside EPA Features Recent B&C TSCAblogTM Post in “ADAO Asks EPA To Reconsider Asbestos Petition Denial, States File Petition” Article
On February 5, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “Attorneys General Petition EPA to Issue Asbestos Reporting Rule” regarding a state petition for the U.S. Environmental Protection Agency (EPA) to issue an asbestos reporting rule under TSCA Section 8(a).
The law firm Bergeson & Campbell writes in a Feb. 1 post on its TSCAblog that the states' “petition cites EPA’s denial” of the advocates' petition “seeking similar action that the Attorneys General are ... read more >
January 31, 2019
Inside EPA Features Excerpts of B&C’s Forecast 2019 in “EPA sends proposed CDR revisions for OMB review"
On January 31, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast 2019 regarding proposed changes to the Consumer Data Reporting (CDR) rule.
“While these proposed changes may be helpful to the reporting community, it is imperative that EPA move quickly with its proposals so stakeholders are fully educated well before the next reporting cycle in 2020,” the law firm Bergeson & Campbell PC, which represents chemical sector clients says in its 2019 forecast of chemical regulations.
“EPA has made changes in ... read more >
January 31, 2019
Lynn L. Bergeson Quoted in Full Circle Blog Post “The Push and Pull of Product Stewardship Revealed”
On January 31, 2019, Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), and President-Elect of the Product Stewardship Society (PSS) was featured in PSS’s blog post about the closing session of Product Stewardship 2018.
The closing session of Product Stewardship 2018 focused on the two forces that often drive the industry: government regulation and customer demand. Product Stewardship Society President-Elect Lynn Bergeson, Managing Partner of Bergeson & Campbell, moderated a discussion between Dr. Nancy Beck, Deputy Assistant Administrator of the ... read more >
January 28, 2019
Richard E. Engler, Ph.D., Quoted By Bloomberg Environment in “EPA’s Chemicals Office May Begin Normal Work By Week’s End”
On January 28, 2019, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C. (B&C®), regarding the U.S. Environmental Protection Agency (EPA) resuming work after the government shutdown.
Employees in the Environmental Protection Agency’s chemicals office may be able to begin their normal tasks reviewing new and evaluating the risks of existing ones by the end of this week, said Richard Engler, director of chemistry at Bergeson & Campbell PC. Engler worked for 17 years in the EPA’s chemicals office ... read more >
January 18, 2019
Inside EPA Features Excerpts of B&C’s Informative Forecast 2019
On January 18, 2019, Inside EPA extensively quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast 2019 in the article “EPA Shutdown Stymies Looming TSCA Assessment, Rule Deadlines.”
Observers are also waiting for EPA to publish its updated TSCA inventory, the list of all existing chemicals, after receiving submissions from industry on which chemicals are deemed active -- manufactured, processed or imported within the past decade -- or inactive. Its publication will start a clock on yet another rulemaking.
EPA's framework rule on the TSCA inventory and ... read more >
January 18, 2019
Bloomberg Environment Includes Quotes From James V. Aidala In The Article “Pesticide Makers Face Product Approval Delays During Shutdown”
On January 18, 2019, Bloomberg Environment featured comments by James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®), regarding delayed pesticide product approvals.
The EPA also processes thousands of applications for so-called “me-too” chemicals—pesticides that are nearly identical to other products already on the market.
“EPA is normally able to process those applications pretty quickly,” said Jim Aidala, a government affairs consultant for Bergeson and Campbell PC.
Many farmers and small and ... read more >
January 7, 2019
Bloomberg Environment Features Comments By Lynn L. Bergeson and Richard E. Engler, Ph.D., in the Article “Wheeler Pledges More ‘Sunshine’ on Chemical Oversight”
On January 7, 2019, Bloomberg Environment quoted Lynn L. Bergeson, President, The Acta Group (Acta®) and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding U.S. Environmental Protection Agency (EPA) Acting Administrator Andrew Wheeler’s pledge to make public more information about chemical safety decisions.
Richard Engler, director of chemistry at Bergeson & Campbell PC, described Wheeler’s promises as reflecting “EPA’s commitment to fulfilling its responsibilities with regard to transparency in EPA’s TSCA processes.”
The ... read more >
December 21, 2018
Bloomberg Environment Includes Quotes From Christopher R. Bryant In The Article “2019 Outlook: EPA To Ease Companies’ Coal Ash Disposal Rules”
On December 21, 2018, Bloomberg Environment featured comments by Christopher R. Bryant, Senior Regulatory Specialist, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency’s (EPA) plan to update coal ash disposal requirements.
The changes are consistent with the agency’s preference for states to take the lead on setting their own disposal requirements, Christopher Bryant, senior regulatory consultant for Bergeson & Campbell PC in Washington, told Bloomberg Environment. The agency is likely considering that “one size fits all doesn’t ... read more >
December 20, 2018
Bloomberg Environment Features Comments By Lynn L. Bergeson Regarding Potential Impacts Of A Government Shutdown On The EPA Chemical Program
On December 20, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, President, The Acta Group (Acta®), for the article “‘Calamitous’ Harm Possible for EPA Chemical Program in Shutdown.”
Shutting the government down could have particularly severe effects on the EPA’s oversight of chemicals in commerce and further delay the entry of new chemicals onto the market, two attorneys specializing in chemical policy told Bloomberg Environment.
“If a shutdown were to occur—any shutdown of any length—would invite calamitous ... read more >
December 19, 2018
Bloomberg Environment Features Comments By Lynn L. Bergeson Regarding EPA’s 2019 Chemical Rules Outlook
On December 19, 2018, Bloomberg Environment spoke with Lynn L. Bergeson, President, The Acta Group (Acta®), for the article “2019 Outlook: ‘Most Active Year Yet’ Looms on EPA Chemical Rules.”
The EPA didn’t reply to a question about how many people are working in its chemicals office but said it was allowed to hire up to 340 in fiscal year 2018, an increase from 311 in the previous year.
The agency said it couldn’t comment on how many people it will have in fiscal year 2019 until Congress decides on the EPA budget.
But the workload facing the ... read more >
November 28, 2018
Inside EPA Features Recent B&C Blog Post in “Former ORD Acting Chief Joins EPA Toxics Office Leadership” Article
On November 28, 2018, Inside EPA included information on Lek Kadeli’s U.S. Environmental Protection Agency (EPA) appointment first posted in Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM post “EPA Announces New Acting Deputy AA at OCSPP.”
Lek Kadeli, a top former EPA career official in the research office (ORD), is joining the management team for EPA's toxics office, bolstering the office as it ramps up to implement the revised Toxic Substances Control Act (TSCA) and the Senate prepares to consider Alexandra Dunn, the Trump ... read more >
November 13, 2018
Charles M. Auer Quoted In Inside EPA Article “Congress Gears Up For TSCA Oversight But Bipartisan Prospects Limited”
On November 13, 2018, Charles M. Auer, Senior Regulatory and Policy Advisor, The Acta Group (Acta®), was quoted by Inside EPA regarding Congress’ plan to oversee the U.S. Environmental Protection Agency’s (EPA) implementation of the revised Toxic Substances Control Act (TSCA).
“There may be some bipartisan oversight on nuts and bolts questions. But my guess is that each side will generally focus questions on 'their' issues and concerns,” says Charles Auer, a former EPA toxics official who now serves as the senior regulatory and policy adviser at the law ... read more >
October 16, 2018
Inside EPA Quotes B&C’s “EPA Issues Final TSCA Fees Rule” Memorandum
On October 16, 2018, Inside EPA quoted The Acta Group (Acta®) affiliate Bergeson & Campbell P.C.'s (B&C®) memorandum “EPA Issues Final TSCA Fees Rule” in the article “EPA finalizes TSCA fees rule but legal challenges possible.”
A Sept. 28 memo from the law firm Bergeson & Campbell notes that “the final rule will apply to all submissions that are received starting October 1, 2018. EPA stated that it will invoice affected companies within 30 days of the effective date.”
[…]
Bergeson & Campbell in its memo ... read more >
October 12, 2018
Fall 2018 Regulatory, Testing, and Policy Trends for Chemical Consortia
Now more than ever, chemical industry stakeholders with shared business and advocacy interests are urged to consider collaborating on regulatory, testing, and related advocacy opportunities. Two years post-passage of the Frank R. Lautenberg Chemical Safety for the 21st Century Act means the U.S. Environmental Protection Agency (EPA) is well underway with implementation of the amended Toxic Substances Control Act (TSCA).
Industry groups that are already established and working efficiently when EPA initiates an action under TSCA will be most successful in nimbly and ... read more >
October 10, 2018
Lynn L. Bergeson Moderates “Sustainable Investment in Agriculture: Improving Agricultural Land Investment Contracts and the Contracting Process” at the IBA Annual Conference
On October 8, 2018, Lynn L. Bergeson, President, (The Acta Group®), moderated “Sustainable Investment in Agriculture: Improving Agricultural Land Investment Contracts and the Contracting Process” at the legal profession’s largest international event, the International Bar Association (IBA) Annual Conference held this year in Rome, Italy. Ms. Bergeson is Vice Chairman of IBA’s Agricultural Law Committee. Panelists Katherine Cook, Matrix Chambers; Marsha A Echols, Howard University; James Gathii, Loyola University Chicago School of Law; Gibson Guvheya, World Bank; ... read more >
September 24, 2018
Richard E. Engler, Ph.D., Quoted by Bloomberg Environment in “Ecological, Health Data on New Fluorochemicals Coming, EPA Says”
On September 24, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency’s (EPA) plan to expand the list of fluorochemicals on the ChemView database.
Companies making new fluorochemicals had to generate more than $25 million worth of health, environmental fate, degradation data, and other information under agreements they made, the agency told Bloomberg Environment in October 2008.
All of the companies Richard Engler, a chemist who worked at the EPA from 1997 until 2015, worked ... read more >
September 19, 2018
Kathleen M. Roberts Quoted By Bloomberg Environment Regarding Chemical Use Data Shared With EPA
On September 19, 2018, Kathleen M. Roberts, Senior Regulatory Consultant, for The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®), was quoted by Bloomberg Environment in the article “U.S. Chemical Makers’ Sharing of Use Data Stirs Debate.”
TSCA and REACH also are different laws in different stages of implementation, which explains some of the divergent responses of U.S. and European manufacturers, said Kathleen M. Roberts, a senior regulatory consultant in Bergeson & Campbell, PC’s Washington office.
For example, REACH required ... read more >
August 21, 2018
Christopher R. Bryant Quoted In Bloomberg Environment Article “Stricter Coal Ash Disposal Oversight Is EPA’s Latest Legal Setback”
On August 21, 2018, Christopher R. Bryant, Senior Regulatory Specialist, The Acta Group (Acta®), was quoted by Bloomberg Environment regarding the U.S. Court of Appeals for the District of Columbia Circuit’s recent order for the U.S. Environmental Protection Agency (EPA) to reconsider multiple parts of a 2015 regulation determining “how coal-fired energy utilities could dispose of coal ash, a byproduct of burning coal to generate electricity.”
The decision could influence some utilities to change their current coal ash disposal practices. Christopher Bryant, senior ... read more >
July 25, 2018
Lynn L. Bergeson Interviewed By Scott Tong of Marketplace Regarding TCE Ban
On July 24, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®) was featured on the radio show Marketplace from American Public Media during a segment on the degreaser Trichloroethylene (TCE) and its status under the Toxic Substance Control Act (TSCA). Reporter Scott Tong visited the site of a former ViewMaster toy plant outside of Portland, Oregon where TCE has been linked to cancer in some former employees.
Tong reported that the U.S. Environmental Protection Agency (EPA) classified TCE as a human carcinogen in 2011, and proposed banning certain uses of the degreaser in ... read more >
July 25, 2018
BRAG Requests that EPA Adopt TSCA Inventory Representation and Equivalency For Renewable and Sustainable Biobased Chemicals
Washington D.C.: Representatives of the Biobased and Renewable Products Advocacy Group (BRAG®) and representatives of the Biotechnology Innovation Organization (BIO) met with U.S. Environmental Protection Agency (EPA) staff to discuss the two groups’ recently-issued white paper, “Proposal for a Toxic Substances Control Act (TSCA) Inventory Representation and Equivalency Determinations for Renewable and Sustainable Bio-based Chemicals.” BRAG and BIO members provided a presentation for EPA staff that outlined the regulatory challenges and market impedance ... read more >
July 12, 2018
Bloomberg Environment Quotes James V. Aidala In “No Head of EPA Toxics, Pesticides Office Expected Any Time Soon”
On July 12, 2018, Bloomberg Environment included comments from James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®) regarding difficulties that the Trump administration may face in nominating a head of the U.S. Environmental Protection Agency’s (EPA) chemicals and pesticides office after a difficult confirmation process caused the former nominee, Michael Dourson, to withdraw.
Beck could be a candidate for the assistant administrator role, “but she’d face the same challenges Dourson did,” said Jim Aidala, senior ... read more >
July 12, 2018
James V. Aidala Quoted In Bloomberg Environment Article “Wheeler More Aware of Chemical Issues Than Most EPA Heads”
On July 12, 2018, Bloomberg Environment quoted James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®) regarding Acting Administrator of the U.S. Environmental Protection Agency (EPA) Andrew Wheeler’s experience with the chemical regulatory landscape.
The EPA’s new acting administrator is more familiar than past agency heads were with the nation’s primary chemicals statute, giving him insight into tensions arising in implementing it, attorneys said.
The attorneys also predicted that Andrew Wheeler—who worked in the ... read more >
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