ACTA News: Lautenberg Implementation

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 >
June 1, 2022
Register Now for "TSCA Reform -- Six Years Later" on June 29, 2022
The Acta Gruop (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Six Years Later.” This complimentary virtual conference marks the sixth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive into a host of topics, including the interface of science and ... read more >
May 27, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “First Lawsuit Challenging EPA’s Chemical Test Order Filed”
On May 26, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a lawsuit filed by a coalition of companies making a solvent that the U.S. Environmental Protection Agency’s (EPA) is examining for possible regulation. The coalition is asking a federal court to overturn an agency order seeking data to understand whether the chemical could harm wildlife.  Lynn L. Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical regulations, said she couldn’t comment on the case’s ... 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 6, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “How the US EPA has fired a ‘warning shot’ on enforcement of PFAS requirements”
On April 5, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency’s (EPA) recent policy interpretation on the fluorination of high-density polyethylene (HDPE) containers. [‌I]n some respects, there has been little surprise at the agency’s view that the generation of certain PFASs during the fluorination of polyolefins – including polyethylene – is an activity covered under the 2020 long-chain perfluoroalkyl carboxylate (LCPFAC) TSCA significant new use rule (Snur). The ... read more >
April 1, 2022
TSCA New Chemicals Coalition Quoted in Chemical Watch Article “Companies call for EPA to keep TSCA inventory corrections process”
On March 31, 2022, Chemical Watch reported on a letter written by the TSCA New Chemicals Coalition (NCC) calling on the U.S. Environmental Protection Agency (EPA) to suspend its plans to revoke a decades-old policy allowing companies to request corrections to the TSCA inventory.  The TSCA New Chemicals Coalition – an ad hoc group represented by the law firm Bergeson & Campbell – said scrapping the process could give rise to a host of unintended consequences. It also questioned the legality of the agency making the change without an ... read more >
March 28, 2022
Richard E. Engler, Ph.D., Quoted in Bloomberg Law Article “Chemical Makers Ask EPA to Fix, Not Drop, Corrections Policy”
On March 25, 2022,  Richard E. Engler, Ph.D., Director of Chemistry with The Acta Group (Acta®), was quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency's (EPA) plan to no longer process chemical manufacturers’ requests to correct the specific ways chemicals on the Toxic Substances Control Act (TSCA) inventory are identified. If the EPA is concerned that companies are using correction requests to add new chemicals to the inventory, it could issue guidance describing the information needed to support a correction request, said Richard ... read more >
March 15, 2022
Acta affiliate B&C Quoted in Chemical Watch Article “Plan to exclude PPE from TSCA risk evaluations sparks industry outcry"
On March 14, 2022, The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) was quoted by Chemical Watch on the U.S. Environmental Protection Agency's (EPA) decision to no longer consider personal protective equipment (PPE) use in Toxic Substances Control Act (TSCA) risk evaluations.  Law firm Bergeson & Campbell said assuming PPE will not be used, including in cases where required by the Occupational Safety and Health Administration (Osha), "is not based on reasonably available information, impermissibly assumes ... read more >
March 15, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “Stakeholders clash over chlor-alkali restrictions under imminent TSCA asbestos rule"
On March 14, 2022, Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted by Chemical Watch regarding conflicting visions for the upcoming asbestos Toxic Substances Control Act (TSCA) risk management rule. Lynn Bergeson, managing partner at law firm Bergeson & Campbell, told Chemical Watch the EPA must look at the availability of "technically and economically feasible alternatives that benefit health or the environment" when adopting risk management rules to reduce unreasonable risk identified in evaluations. "There is no ... read more >
March 2, 2022
Lynn L. Bergeson Quoted in Chemical Watch Article “EPA to scrap TSCA inventory corrections process"
On March 1, 2022, Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted by Chemical Watch responding to the U.S. Environmental Protection Agency's (EPA) announcement that it will no longer allow companies to request corrections to the Toxic Substances Control Act (TSCA) inventory and instead require them to submit a pre-manufacture notice (PMN) for improperly identified substances.   The decision "is entirely unprincipled and based on a flawed understanding of the correction process and its continuing utility," said Lynn ... read more >
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