ACTA News: Lautenberg Implementation

April 26, 2019
Lynn L. Bergeson Quoted by Bloomberg Environment in Article “Chemical Rule Sent Back to EPA on Trade Secret Concerns”
On April 26, 2019, Bloomberg Environment quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a U.S. Court of Appeals for the District of Columbia Circuit ruling that a U.S. Environmental Protection Agency (EPA) rule failed to require chemical manufacturers to sufficiently prove that they have protected their chemical’s secret identity from discovery through reverse engineering. The requirement for companies to substantiate their claims that they have taken steps to prevent their chemicals’ discovery through reverse engineering seems appropriate, said ... read more >
April 23, 2019
Comments by Lynn L. Bergeson and Kathleen M. Roberts, Included in Bloomberg Environment Article Regarding EPA Chemical Reporting Proposal
On April 23, 2019, Bloomberg Environment featured comments by Lynn L. Bergeson, President, The Acta Group (Acta®), and Kathleen M. Roberts, Vice President of B&C® Consortia Management, L.L.C. (BCCM), in the article “EPA Proposal May Not Streamline Chemical Reporting After All.” Attorneys and other industry consultants told Bloomberg Environment the agency’s proposal would be a mixed bag in terms of saved time. […] Companies would have to spend time learning new codes under an international system the EPA said it would adopt to file ... read more >
March 20, 2019
Bloomberg Environment Features Comments by Kathleen M. Roberts Regarding EPA’s High Priority Chemical Determinations
On March 20, 2019, Bloomberg Environment spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®) and vice president of B&C® Consortia Management LLC (BC-CM), for the article “Industry Advisers Back EPA Strategy on Chemical Vetting.” Looking at several chemicals that serve a similar commercial function can help industry provide the EPA with what it needs to sort the 40 chemicals into the two categories […] For example, the hazards and uses of chemicals in a group will tend to be similar […] It also makes ... read more >
March 1, 2019
Inside EPA Quotes B&C’s Forecast 2019 in the Article “EPA submits TSCA CBI proposal for White House review”
On March 1, 2019, Inside EPA quoted Bergeson & Campbell, P.C.’s (B&C®) Forecast for U.S. Federal and International Chemical Regulatory Policy 2019 regarding ongoing lawsuits that could foreshadow future challenges to the CBI proposal. The law firm Bergeson & Campbell says in its “Forecast 2019” publication that environmentalists' ongoing lawsuit on EPA's “Inventory notification rule … may presage a challenge to the CBI review rule.” The Environmental Defense Fund (EDF) claims that EPA’s 2017 inventory notification rule ... read more >
February 28, 2019
Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., included in Bloomberg Environment Article Regarding Worker Safeguards
On February 28, 2019, Bloomberg Environment featured comments by Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, in the article “Chemical Law’s Worker Safeguards Ditched by EPA, Advocates Say.” Safety data sheets impose obligations on employers, said Richard E. Engler, director of chemistry for the Bergeson & Campbell PC law firm. The firm manages the TSCA New Chemicals Coalition in which chemical manufacturers share experiences with and concerns about the agency’s new chemicals ... read more >
February 20, 2019
Inside EPA Includes Quotes from James V. Aidala Regarding Alexandra Dunn’s Implementation of TSCA
On February 20, 2019, Inside EPA featured comments by James V. Aidala, Senior Government Affairs Consultant with Bergeson & Campbell, P.C. (B&C®), in the article “New EPA Toxics Chief Seeks To Quell Critics As Agency Implements TSCA.” Jim Aidala, a former EPA toxics chief in the Clinton administration who is now with Bergeson & Campbell, said that Dunn’s confirmation will help the agency navigate its heavy workload in implementing the new law, even as the agency will face stepped-up oversight from House lawmakers and possible criticism from Democratic ... read more >
January 24, 2019
Chemical Watch Features Comments By Lynn L. Bergeson Regarding the Impact of the Shutdown on TSCA Statutory Deadlines
On January 24, 2019, Chemical Watch spoke with Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), for the article “Shutdown-related delays could compromise TSCA statutory deadlines.” Lynn Bergeson, managing partner at Bergeson & Campbell, said that the shutdown is stretching the limits of what the EPA is capable of completing in terms of TSCA implementation. "I am concerned simply because we all live in the real world, and we have people who are now, by law, not able to work," she said. "Even for ... 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
Inside EPA Features Comments by Kathleen M. Roberts Regarding Implementation of TSCA Fee Structure
On January 18, 2019, Inside EPA spoke with Kathleen M. Roberts, Senior Regulatory Consultant, Bergeson & Campbell, P.C. (B&C®), for the article “EPA's Fee Rule Takes Effect Without Suit, A First For TSCA Framework.” Kathleen Roberts, a senior regulatory consultant at the law firm Bergeson & Campbell, suggested that the clarity of the statute regarding fees dissuaded critics from challenging EPA's final rule. “I believe that there were no challenges because the legislative language is very clear as to how much EPA could collect in TSCA fees. The ... read more >
January 16, 2019
Chemical Watch Features Comments By Lynn L. Bergeson Regarding the Impact of the Shutdown on TSCA New Chemical Reviews
On January 16, 2019, Chemical Watch spoke with Lynn L. Bergeson, President, The Acta Group (Acta®), for the article “Shutdown spells further delays to TSCA new chemicals reviews.” "Until we have information from the agency, we are more or less assuming that [new chemical review processes] are all suspended, Lynn Bergeson, managing partner at Bergeson & Campbell, told Chemical Watch. And the fear for many is that the shutdown will exacerbate an already overtaxed new chemicals review process, compromising the ability for companies to bring new ... 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 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 26, 2018
Inside EPA References B&C Memorandum On EPA’s First Draft TSCA Risk Evaluation
On November 26, 2018, Inside EPA included information from Bergeson & Campbell, P.C.’s (B&C®) memorandum “EPA Publishes First Draft TSCA Chemical Risk Evaluation” in the article “EPA's PV29 Assessment Likely to Test Reformed TSCA's Data Standards.” In a Nov. 16 memo on the draft's release, the law firm Bergeson and Campbell suggests that there may be little reason to challenge the agency's finding though it leaves the door open to questioning the data EPA relied on. The draft “appears to cover all of the key elements ... 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 >
November 12, 2018
Richard E. Engler, Ph.D., Interviewed By Rebecca Hersher of Morning Edition
On November 12, 2018, Richard E. Engler, Ph.D., Director of Chemistry for The Acta Group (Acta®), was featured on National Public Radio’s (NPR) morning news program “Morning Edition” during a segment on the chemical methylene chloride.  Reporter Rebecca Hersher asked Dr. Engler, a 17-year veteran of the US Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT) and leader of EPA's Green Chemistry Program, about EPA’s review of methylene chloride and proposed restrictions to consumer use of the chemical. You ... read more >
November 6, 2018
Richard E. Engler, Ph.D., Quoted By Bloomberg Environment in “Chemical Rule Deluge May Catch Companies Off Guard”
On November 6, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), regarding new chemical rules. Before 2016, the EPA took regulatory action on 10-15 percent of new chemicals, clearing the way for 85-90 percent of new compounds to proceed without restrictions, Richard Engler, Bergeson and Campbell PC’s director of chemistry, said. But since the amendments to the nation’s primary chemicals law passed in June 2016, those proportions have switched, he has said. If this trend continues, more firms throughout the chemical ... read more >
November 5, 2018
Richard E. Engler, Ph.D., Quoted By Bloomberg Environment Regarding Recent Chemical Rules
On November 5, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), in the article “More Sales, Broader Safeguards May Follow Chemical Rule Deluge.” The rules broaden sales opportunities for both the companies that designed these chemicals and ones that want to make or use them, Richard Engler, who was a chemist at the Environmental Protection Agency for 17 years, told Bloomberg Environment. […] The EPA’s release of the new use rules is good news for the original manufacturers, said Engler, who became ... read more >
October 18, 2018
Richard E. Engler, Ph.D., Quoted By Inside EPA in “Despite Suggestion, EPA Floats First SNURs Using Streamlined Framework”
On October 18, 2018, Inside EPA quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), regarding Acta affiliate Bergeson & Campbell, P.C.'s (B&C®) memorandum “EPA Proposes SNURs that Break New Ground under Amended TSCA.” Industry attorneys are welcoming the agency's approach, suggesting it sets a precedent for future agency action. “The proposed SNUR is interesting, important, and controversial, as this is the first time under the new law for which EPA is proposing to apply SNUR authority to non-[enforcement] order . . ... 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 1, 2018
Product Stewardship Society President-Elect Lynn L. Bergeson Moderates “Drivers of Product Stewardship” of Product Stewardship 2018
On September 29, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®), and President-Elect of the Product Stewardship Society (PSS) moderated the closing session, “Drivers of Product Stewardship: The Role of Regulations, Private Governance, and Managing,” at the 2018 Product Stewardship Conference in Washington D.C. This conference addressed global safety, environmental, and regulatory challenges by bringing together prominent professionals to present and discuss global emerging issues, case studies, practical experiences, and new developments. The closing session ... read more >
September 20, 2018
B&C and Bloomberg BNA Present “TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules” Webinar
On September 18, 2018, The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) and Bloomberg BNA presented “TSCA Confidential Business Information and Generic Naming: Analyzing the New Rules,” the fourth webinar in the 2018 Chemical Policy Summit Series. The presenters noted that protecting confidential business information (CBI), including chemical identity, has never been easy but remains an essential component of a successful commercial chemical strategy, and cautioned that amended Toxic Substances Control Act (TSCA) Section 14 is much more ... read more >
August 10, 2018
B&C’s TSCAblog™ Quoted By Inside EPA Regarding A Call For Clarity On The Reach Of EPA’s Approach To Oxirane Approval
On August 10, 2018, Inside EPA’s article “Industry Backs EPA Chemical Approval But Seeks Clarity On TSCA Process” included comments from TSCAblog’s August 6, 2018, post “EPA Adds Clarity to Interpretation of “Reasonably Foreseeable Conditions of Use”.”  Industry attorneys are welcoming EPA's recent approval of a new chemical that took a narrow view of the substance's “reasonably foreseen uses” that the agency is required to consider, but are urging officials to clarify whether the approach is intended to apply more ... read more >
August 2, 2018
Kathleen M. Roberts Quoted By Bloomberg Environment Regarding New SNURs for 145 Chemicals
On August 2, 2018, Kathleen M. Roberts, Vice President, B&C Consortia Management (BCCM), was quoted by Bloomberg Environment in the article “Manufacturers’ Core Questions Remain on EPA’s New Chemical Controls.” Some potential customers won’t purchase any compound regulated by a new use rule, even if the new chemical is better for the environment and safer than alternatives, Kathleen M. Roberts, vice president of Bergeson & Campbell Consortia Management LLC, told Bloomberg Environment Aug. 1. Downstream users often perceive the new chemicals as ... 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
Richard E. Engler, Ph.D., Quoted by Bloomberg Environment Regarding Late NoC as EPA Updates TSCA Inventory
On July 25, 2018, Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), was quoted by Bloomberg Environment regarding late notices of containment (NoC) filed as the U.S. Environmental Protection Agency (EPA) brings the Toxic Substances Control Act (TSCA) inventory up to date in the article “EPA OK’d Apparent Violations of Chemicals Law.” Sometimes the agency fails to process a commencement notice correctly, said Richard E. Engler, director of chemistry with the Washington office of Bergeson & Campbell P.C. In such cases, the agency seems to be ... read more >
June 25, 2018
Bloomberg Environment Quotes B&C Webinar “TSCA at 2: An Update on Implementation and Hot Topics” In “New Chemical Reviews, Regulations Said to Impede Commerce”
On June 25, 2018, Bloomberg Environment included quotes from The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®)’s “TSCA at 2: An Update on Implementation and Hot Topics” webinar in the article “New Chemical Reviews, Regulations Said to Impede Commerce.” The growing number of rules that are accompanying new chemicals is causing marketplace problems, said Michael Gould, environmental, health, and safety committee chairman with RadTech North America. The EPA has been regulating about 90 percent of the new chemicals it has ... read more >
June 25, 2018
“TSCA at 2: An Update on Implementation and Hot Topics” Webinar Quoted By Bloomberg Environment
On June 25, 2018, Bloomberg Environment included quotes from The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®)’s “TSCA at 2: An Update on Implementation and Hot Topics” webinar in the article “Chemical Companies Get Flexibility in Data Submissions, May Cut Costs.” The EPA will start asking chemical manufacturers to provide certain types of health, ecological, or other data for new chemicals instead of directing them to conduct specific tests of their chemicals, said Nancy Beck, deputy assistant administrator for chemical ... read more >
June 18, 2018
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Environment Regarding Upcoming EPA Chemical Review Deadlines
On June 18, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, were quoted in the Bloomberg Environment article “Tidal Wave of Toxics Deadlines Awaits EPA, Industries in 2019.” The EPA needs more staff and money to manage its oversight of both existing and new chemicals, said Lynn Bergeson, managing partner of Bergeson & Campbell, PC in Washington. The agency’s chemicals office “will be torn constantly” over the next two years as to where to deploy its resources, she said. The 40 new ... read more >
June 14, 2018
Lynn L. Bergeson, Richard E. Engler, Ph.D., And Susan M. Kirsch Contribute To ABA SEER’s The Year In Review 2017
The Acta Group (Acta®) affilate Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of The Year in Review 2017: Environment, Energy, and Resources Law by the American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER). The Year in Review 2017 provides an annual summary of developments in environmental, energy, and resources law. B&C Managing Partner Lynn L. Bergeson and Director of Chemistry Richard E. Engler, Ph.D., co-authored the Pesticides, Chemical Regulation, and Right-to-Know 2017 Annual Report, and B&C Government ... read more >
June 13, 2018
Bloomberg Environment Article “Chemical Makers’ Hours Filling Out Forms Prompts EPA Paper Chase” Features Quotes from Richard E. Engler, Ph.D.
On June 13, 2018, Bloomberg Environment quoted Richard E. Engler, Ph.D., Director of Chemistry at The Acta Group (Acta®) regarding an increase in time required for chemical makers to fill out paperwork under the new Toxic Substances Control Act (TSCA).  The Environmental Protection Agency acknowledged the extra work companies are doing through an “emergency” Paperwork Reduction Act request it submitted to the White House Office of Management and Budget. The EPA will publish the request June 14 in the Federal Register . In its request, the EPA ... read more >
June 13, 2018
Inside EPA Quotes NCC in “New Chemicals Group Seeks Refund Information In EPA's TSCA Fees Rule”
On June 13, 2018, Inside EPA included comments from the Toxic Substance Control Act (TSCA) New Chemicals Coalition (NCC) regarding the omission of language in the U.S. Environmental Protection Agency’s (EPA) proposed fee rule about how it will refund companies whose new chemical use applications are not reviewed by the statutory deadline. The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®) provides legal counsel to the TSCA NCC. Membership is open to individual chemical companies with a vested interest in the EPA new chemical notification process due to ... read more >
June 7, 2018
Richard E. Engler Presents “New TSCA and Green Chemistry Innovation” at ACS Green Chemistry & Engineering Conference
Richard E. Engler, Ph.D., Director of Chemistry at The Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®), will present “New TSCA and Green Chemistry Innovation” in the “Real-World Sustainability Challenges: Incentives and Barriers to the Use of Green Chemistry in Products” session on June 18, 2018, at the 22nd Annual Green Chemistry & Engineering Conference (GC&E) hosted by the American Chemical Society’s (ACS) Green Chemistry Institute® that is being held June 18-20, 2018, in Portland, Oregon.  ACS GC&E provides an ... read more >
June 4, 2018
TSCA at 2: An Update on Implementation and Hot Topics
  Monday, June 25, 2018 11:00 a.m. - 12:00 p.m. (EDT)   Register Today   Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. Environmental Protection Agency (EPA) has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic Substances Control Act (TSCA).  The new TSCA framework required significant work and fundamental shifts in regulatory requirements and conceptual approach, but EPA has hit all of its marks in timely promulgating the rules and fulfilling ... read more >
May 29, 2018
Richard E. Engler, Ph.D, Quoted In Bloomberg Environment Article “Trade Secrets Safe Under EPA Science Proposal, Attorneys Say”
On May 29, 2018, Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), was quoted by Bloomberg Environment regarding a proposed rule that would require scientific data be sufficiently available to the public so that interested parties could understand how the U.S. Environmental Protection Agency (EPA) reached its conclusions. “[D]ecisions the EPA makes about whether to allow new chemicals into commerce would largely be unaffected, Richard Engler, a senior chemist with Bergeson & Campbell, P.C.'s Washington office, told Bloomberg Environment.” See ... read more >
May 23, 2018
The TSCA New Chemicals Coalition: Why Your Company Should Join
Any company that plans to submit or has pending a new chemical notification under the Toxic Substances Control Act (TSCA) needs to join the TSCA New Chemicals Coalition (TSCA NCC) -- the only coalition focused principally on TSCA Section 5 issues. The TSCA NCC has been relentlessly engaging with the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), and Congress on identifying and addressing real-world issues arising out of EPA’s implementation of the new TSCA Section 5 provisions.   By joining forces with other TSCA NCC ... read more >
May 3, 2018
Chemical Watch Quotes Lynn L. Bergeson Regarding NRDC Brief Challenging EPA’s TSCA New Chemicals Framework Document
On May 3, 2018, text from the March 2018 Global Business Briefing “New TSCA inspires new litigation” written by Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted in the Chemical Watch article “NRDC files opening brief in TSCA new chemicals litigation.” Lynn Bergeson, managing partner at law firm Bergeson & Campbell, wrote in Chemical Watch's Global Business Briefing earlier this year that NRDC's legal challenge may well be dismissed on procedural grounds. "The draft framework document is just that ... read more >
May 2, 2018
Bloomberg Environment Article “EPA Chemical ‘Rule’ Flouts Law, Ignores Risks, Critics Tell Court” Includes Comments By Lynn L. Bergeson
On May 2, 2018, Bloomberg Environment quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a brief filed by NRDC challenging the U.S. Environmental Protection Agency’s (EPA) New Chemicals Framework document. The NRDC’s brief did a good job buttressing its argument that the EPA’s framework warranted public notice and comment, Lynn L. Bergeson, managing partner of Bergeson & Campbell, P.C., said. “Not every such procedural challenge is a winner, but this one at least should be taken seriously,” said Bergeson, whose Washington law firm ... read more >
April 16, 2018
NR&E Magazine Reviews New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation
In the Spring 2018 issue of the American Bar Association (ABA) Natural Resources & Environment (NR&E) Magazine, Joanne L. Dunec reviewed New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation for the Literary Resources section. Dunec wrote, “[t]he balance of the book, written by 11 authors (including the editors), illuminates and analyzes new TSCA in greater detail. The final chapter provides the legislative history of new TSCA, and appendices include an acronym list, frequently asked questions, and a glossary.” New TSCA: A Guide ... read more >
April 9, 2018
Inside EPA Quotes TSCAblog® In “EPA overhauls OPPT leadership”
On April 9, 2018, Inside EPA quoted The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C.’s (B&C®) TSCAblog article “EPA Announces OPPT Management Changes” regarding management changes made to U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics (OPPT). EPA has announced a significant re-shuffling of leaders within its toxics office, which is being reorganized just as officials are working to establish a new program to meet the ambitious deadlines Congress set for implementing the revised Toxic ... read more >
April 6, 2018
Lynn L. Bergeson Quoted in Bloomberg BNA Daily Environment Report Article “Staff Shift in EPA's Chemicals Office Prior to Reorganization (1)”
On April 6, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted by Bloomberg BNA Daily Environment Report regarding recently announced senior staff job changes at the U.S. Environmental Protection Agency (EPA). The staff moves are taking place before the office's anticipated reorganization, Lynn Bergeson, managing partner of the Bergeson & Campbell, P.C., told Bloomberg Environment.  The agency has not released details of the reorganization nor a timeline, but it is expected later this year, she said. Typically, reorganizations have to be negotiated with ... read more >
April 3, 2018
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted By Bloomberg BNA Daily Environment Report Regarding EPA Review Process For New Chemicals
On April 3, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Senior Chemist with Acta, were quoted by the Bloomberg BNA Daily Environment Report in the article “EPA Aims for Predictable Chemical Reviews, Director Says.” Richard Engler—a senior chemist with Bergeson & Campbell, P.C.—and Lynn L. Bergeson, managing partner of that same law firm, described some specific types of problems they would like the agency to address. Since 2016, the agency has encouraged companies to meet with EPA officials before they submit ... read more >
March 19, 2018
James V. Aidala Quoted By Bloomberg BNA Daily Environment Report Regarding EPA’s New Science Advisory Committee on Chemicals
On March 19, 2018, James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®), was quoted in the Bloomberg BNA Daily Environment Report article “New Science Panel May Bolster EPA's Chemical Policy Defense.” If the decision based on [the advisory committee’s] advice is challenged in court, the imprimatur of the outside advisers can offer evidence that the agency used a scientifically credible approach, Jim Aidala, senior government affairs consultant with Bergeson and Campbell P.C. said. Getting and following a science advisory ... read more >
February 21, 2018
Inside EPA Features Comments From B&C “Chemical Regulation in 2018” Webinar
On February 21, 2018, the Inside EPA article, “Beck Suggests Trump Hiring Cap Undermines EPA's TSCA Implementation,” included comments from James V. Aidala, Vice President, Policy and Government Affairs with The Acta Group (Acta®) and Nancy B. Beck, Ph.D., D.A.B.T., Deputy Assistant Administrator of the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP), made at the “Chemical Regulation in 2018: A Sneak Preview of Things to Come” Webinar.  Nancy Beck, the top Trump appointee in EPA's ... read more >
February 9, 2018
Comments by Lynn L. Bergeson Featured in Bloomberg BNA Daily Environment Report Article “Chemical Makers to Pay EPA $20 Million Yearly for Reviews Under Proposal”
On February 9, 2018, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by the Bloomberg BNA Daily Environment Report regarding a proposed rule that would help defray the U.S Environmental Protection Agency’s (EPA) costs of chemical product reviews. The article also included comments by Nancy Beck, deputy assistant administrator for chemical safety and pollution prevention at EPA, that were made during the B&C/Bloomberg BNA webinar “Chemical Regulation in 2018: A Sneak Preview of Things to Come,” the first event of the five part “2018 Chemical ... read more >
February 8, 2018
Lynn L. Bergeson Named Vice Chairman of Newly Formed IBA Agriculture Law Committee
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Lynn L. Bergeson has been appointed Vice Chairman of the Agriculture Law Committee (ALC) at the International Bar Association (IBA). Ms. Bergeson, Managing Partner of B&C and President of Acta, will serve a two-year term.   The IBA is the world’s leading organization of international legal practitioners, bar associations, and law societies, promoting an exchange of information among legal associations worldwide. The Agricultural Law Section joins a wide range of legal ... read more >
February 2, 2018
Bloomberg BNA Daily Environment Report Article Quotes Lynn L. Bergeson Regarding EPA Data Submissions
On February 2, 2018, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted in the Bloomberg BNA Daily Environment Report article “Chemical Makers Send Limited Exposure Data to EPA as Deadline Nears.” Companies’ failure to provide more data wasn't “all that surprising as value chain challenges make it very difficult to populate these files with a lot of user information,” Lynn Bergeson, managing partner at the law firm Bergeson & Campbell PC, told Bloomberg Environment. See - ... read more >
January 25, 2018
TSCA Reform Implementation Seminar: Impacts and Best Practices for the New Chemicals Law
  Wednesday, February 7, 2018 1:30 p.m. - 4:30 p.m. (EST)   Register Today   The Acta Group (Acta®) is pleased to participate in the upcoming “TSCA Reform Implementation Seminar:  Impacts and Best Practices for the New Chemicals Law,” presented by the Michigan Chemistry Council.  This valuable seminar features a panel of industry practitioners, as well as talented legal experts including Lynn L. Bergeson, President of Acta and Managing Partner of Acta affiliate Bergeson & Campbell, P.C. (B&C®), who will present on Toxic Substances ... read more >
January 18, 2018
Lynn L. Bergeson Quoted in Bloomberg BNA Daily Environment Report Article “Citizens Petitions, Lawsuits on Chemical Rules Likely to Grow”
On January 18, 2018, Lynn L. Bergeson, President, The Acta Group (Acta®), was quoted in a Bloomberg BNA Daily Environment Report article regarding an increase in citizen group petitions as a result of Toxic Substances Control Act (TSCA) Reform.  Chemical manufacturers should expect to see more petitions from citizen groups asking the EPA to regulate substances now that the nation's primary chemicals law has been amended, attorneys tell Bloomberg Environment. Environmental, animal welfare, and other organizations will likely use every provision allowed under the amended Toxic ... read more >
January 17, 2018
Richard E. Engler, Ph.D., Quoted by NBC News Regarding Changes to EPA’s New Chemical Assessments
On January 17, 2018, Richard E. Engler, Ph.D., Senior Chemist at The Acta Group (Acta®), was quoted by NBC News in the article “EPA eases path for new chemicals, raising fears of health hazards.” The EPA’s new approach is likely to reduce the testing that manufacturers who first bring these new chemicals to market are required to do. Using significant new-use rules (SNURs) “reduces the testing that the EPA is seeking to impose, because testing is rarely required in a SNUR,” said Richard Engler, a former EPA scientist who now works for ... read more >
January 10, 2018
Bloomberg BNA Daily Environment Report References NCC Response in “Environmentalists Challenge Safety of EPA's New Chemical Reviews”
On January 10, 2018, the Bloomberg BNA Daily Environment Report covered the TSCA New Chemicals Coalition’s (NCC) response to a federal court challenge by the Natural Resources Defense Council (NRDC) against the U.S. Environmental Protection Agency's (EPA) New Chemicals Decision-Making Framework. The New Chemicals Coalition, which Bergeson & Campbell P.C. launched in 2017 as a forum for companies interested in bringing new chemicals to market, has not decided whether or not it will intervene. The firm will continue to track the case, Lynn Bergeson, managing partner ... read more >
January 4, 2018
TSCAblog™ Post Quoted in “Fluoride Case Ruling May Open Door To More TSCA Petitions, Attorneys Say”
On January 4, 2018, the TSCAblog™ post “In Case of First Impression, Court Rules EPA Wrongly Dismissed Citizen Group’s TSCA Section 21 Petition” was quoted by Inside EPA in an article discussing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 21 ruling on flouride.  The law firm Bergeson & Campbell describes the ruling as a “fairly scathing rebuke of EPA’s legal positions,” in a Dec. 22 blog post, adding that it “essentially rejected EPA’s interpretation that a citizen petition ... read more >
December 29, 2017
Chemicals Northwest Winter Elements Magazine Features Acta as Industry’s “One-Stop Solution” for Global or Local Chemical Regulatory Compliance
The Acta Group (Acta®) was featured in the Winter 2017 Elements Magazine, published quarterly by Chemicals Northwest as a “one-stop solution” for global or local chemical regulatory compliance, especially for companies preparing for the May 13, 2018 Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) deadline. Acta has frequently received recognition from clients and industry globally for our previous and ongoing demonstrations of excellence, most recently receiving the Supply Chains Award at the Chemicals Northwest Awards, hosted at Crowne Plaza ... read more >
December 15, 2017
Chemical Watch Quotes the TSCA New Chemicals Coalition in “Industry group: US EPA should cede workplace hazard regulation to Osha”
On December 15, 2017, Chemical Watch featured comments by the TSCA New Chemicals Coalition (NCC) on the U.S. Environmental Protection Agency’s (EPA) new chemical evaluation policy. An industry group has argued that the US EPA should avoid issuing orders to mitigate workplace risks associated with new chemicals. Instead, it says, it should turn over that regulatory responsibility to the Occupational Health and Safety Administration (Osha). The TSCA New Chemicals Coalition (NCC), a group of companies represented by the law firm Bergeson & Campbell, hopes to build on a provision in ... read more >
December 11, 2017
Richard E. Engler, Ph.D., Quoted in Chemical Watch “OPPT director defends US agency plans for new chemical evaluation”
On December 11, 2017, Richard E. Engler, Ph.D., Senior Chemist at The Acta Group (Acta®), was quoted in Chemical Watch regarding concerns with the U.S. Environmental Protection Agency’s (EPA) plan to move away from consent orders in favor of Significant New Use Rules (SNURs) when regulating potential uses of new chemicals. When the situation described in a pre-manufacture notice (PMN) is not of concern, but there is a potential use of the new chemical that would raise risk concerns, the EPA used to issue consent orders restricting how it can be used, followed by a Snur requiring ... read more >
December 11, 2017
Comments by Lynn L. Bergeson Regarding TSCA Implementation under the Trump Administration Featured in Chemical Week
On December 11, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted in the Chemical Week article “Trump's EPA: TSCA remains priority amid regulatory rollback.” “Not surprisingly, there’s been a tremendous focus on the implementation requirements for Lautenberg,” says Lynn Bergeson, managing partner of Bergeson & Campbell (Washington, DC). Efforts have included building a conceptual framework of how to review and apply the new standards under key sections that cover manufacturing and process notices; how to apply the new standards ... read more >
November 29, 2017
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted in Bloomberg BNA Daily Environment Report Article “Manufacturers Gain Insight into EPA Reviews of New Chemicals"
On November 29, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), and Richard E. Engler, Ph.D., Senior Chemist at Acta, were quoted by Bloomberg BNA Daily Environment Report regarding recently released U.S. Environmental Protection Agency (EPA) documents on new chemical review procedures. The Points to Consider When Preparing TSCA New Chemical Notifications document, in particular, provides a clear, useful summary of the agency's current practice, said Lynn Bergeson, managing partner in the Washington office of Bergeson & Campbell, P.C. The information explains to ... read more >
October 26, 2017
B&C and Acta Authors Contribute to The Evolving Landscape of TSCA Reform Implementation Published by Bloomberg BNA
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to inform our clients and friends of the publication by Bloomberg BNA of EHS Strategies:  The Evolving Landscape of TSCA Reform Implementation, the latest edition of BNA’s quarterly EHS Strategies report.  The report provides a comprehensive analysis of recent Toxic Substances Control Act (TSCA) developments written by many of the key players in the development, passage, and implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). B&C ... read more >
September 22, 2017
Inside EPA Quotes B&C TSCAblogTM in Article Regarding Rejected TSCA Section 21 Fluoride Petition
On September 22, 2017, Inside EPA quoted the post “EPA Denies TSCA Section 21 Petition on Fluoride Chemicals in Drinking Water; Provides Response to Petition,” from Bergeson & Campbell, P.C.’s (B&C®) TSCAblogTM in the article “Suit Over Rejected Fluoride Petition Could Test EPA's Stance On TCSA 'Uses'.” Observers tracking EPA's implementation of the new TSCA law said last spring shortly before the suit was filed that it would provide a test case for the agency's interpretation that petitioners must provide a ... read more >
September 12, 2017
Chemical Watch Quotes Lynn L. Bergeson In Article Regarding B&C’s TSCA New Chemicals Coalition
On September 12, 2017, Chemical Watch quoted Lynn L. Bergeson, President of The Acta Group (Acta®), in the article “US EPA pilots new pre-manufacture notice guidelines.” [T]he law firm Bergeson & Campbell has formed the TSCA New Chemicals Coalition which is intended to give the chemical community greater opportunity to engage with EPA on constructive improvements to the new chemical review process. "About 50 companies so far have expressed interest in joining the coalition," said the firm's managing partner Lynn Bergeson. "One of the key objectives is ... read more >
September 1, 2017
Richard E. Engler, Ph.D., Quoted in Bloomberg BNA Daily Environment Report Article “Fate of Chemical Makers’ Trade Secrets Rests With EPA”
On September 1, 2017, Richard E. Engler, Ph.D., Senior Chemist with The Acta Group (Acta®), was quoted by Bloomberg BNA Daily Environment Report regarding how Confidential Business Information (CBI) claims would be handled by the U.S. Environmental Protection Agency (EPA) under the New Toxic Substances Control Act (New TSCA). The 2016 update to the Toxic Substances Control Act added a new requirement that manufacturers routinely justify their need for that chemical information to be kept confidential. The statute requires the EPA to review all claims that a chemical's identity ... read more >
August 28, 2017
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article “Paper Waste Spurs Testing of Low-Cost Carbon Fiber for Products”
On August 28, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by the Bloomberg BNA Daily Environment Report discussing Toxic Substance Control Act (TSCA) regulatory concerns for carbon fiber with a lignin. Since the lignin-PAN carbon fiber under development does not yet involve the use of carbon nanofibers, Washington State University's Ahring said the product will not require clearance under [TSCA]. But some worry that the enthusiasm supporting the rapid commercialization of biobased chemicals has gotten out in front of potential regulatory ... read more >
August 23, 2017
Inside EPA Covers The Formation Of B&C’s New “TSCA New Chemicals Coalition”
On August 23, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®) and Managing Partner of Acta affiliate Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA in the article “New Industry Coalition Launched On TSCA New Chemicals Review Issues.” For further information on joining the coalition, call or e-mail Lynn L. Bergeson at 202-557-3801 or lbergeson@lawbc.com. Bergeson & Campbell, a law firm that specializes in chemical industry issues, is creating a coalition of companies to craft uniform comments to EPA on industry ... read more >
August 16, 2017
Scientific American Quotes Lynn L. Bergeson Regarding EPA’s New Framework Rules for TSCA
On August 16, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by Scientific American in “Trump’s EPA May Be Weakening Chemical Safety Law.” The [U.S. Environmental Protection Agency (EPA)] and industry leaders dispute that the framework rules undermine [the Toxic Substance Control Act (TSCA)]. “I thought they were clearer, cleaner and more focused,” says Lynn Bergeson, a lawyer whose firm Bergeson & Campbell specializes in chemical issues. She adds the new rules will result in a “better use of EPA ... read more >
August 15, 2017
Lynn L. Bergeson Quoted In “EPA TSCA Guide May Give Industry New Strategies For Risk Evaluations”
On August 15, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®) was quoted by Inside EPA discussing how new U.S. Environmental Protection Agency (EPA) risk evaluation guidelines may impact industry. “My sense is that if you have a promising chemical product and wish to get it through the risk evaluation process sooner rather than later, considering this option makes sense,” Lynn Bergeson, managing partner of environmental law firm Bergeson & Campbell, tells Inside EPA. “You control the timing, and might have a better line of sight on agency ... read more >
August 11, 2017
“TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5” Webinar Brings Together Industry and EPA to Talk New TSCA
Bergeson & Campbell, P.C. (B&C®) is pleased to announce that the materials and recording from the “TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5” webinar are now available for download. This complimentary webinar, co-hosted with Bloomberg BNA, was presented by a panel including Dr. Jeff Morris, U.S. Environmental Protection Agency (EPA), and former EPA officials and seasoned regulatory professionals who engaged in a lively discussion on: Toxic Substances Control Act (TSCA) Section 5 Inventory notification reporting ... read more >
August 10, 2017
Lynn L. Bergeson Quoted in Chemistry World Article “EPA Clears Chemicals Backlog”
On August 10, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by Chemistry World regarding the U.S. Environmental Protection Agency’s (EPA) “announcement that it has ‘eliminated’ the logjam of 600 new chemicals undergoing review” under the Toxic Substances Control Act (TSCA). Lynn Bergeson, a managing partner with the Washington, DC-based law firm Bergeson & Campbell that advises chemical companies about regulatory compliance, is enthusiastic about the developments. ‘This means that those new chemical notifications that ... read more >
August 8, 2017
Bloomberg BNA Daily Environment Report Included Comments by Lynn L. Bergeson and Charles M. Auer on EPA Chemical Backlog
On August 8, 2017, Lynn L. Bergeson, President of  The Acta Group (Acta®), and Charles M. Auer, Senior Regulatory and Policy Advisor with Acta, were quoted by Bloomberg BNA Daily Environment Report in the article “Clearing EPA's New Chemicals ‘Backlog’ Cheered by Industry.” Lynn Bergeson, managing partner with Bergeson & Campbell, P.C. in Washington, also praised the EPA's progress. That law firm will review EPA's latest statistics to assess the agency's progress completing negotiations it undertakes with chemical manufacturers after it ... read more >
August 4, 2017
Bloomberg BNA Daily Environment Report Quotes Richard E. Engler, Ph.D., on EPA’s New Electronic Reporting System
On August 4, 2017, Richard E. Engler, Ph.D., Senior Chemist at The Acta Group (Acta®), was quoted in the Bloomberg BNA Daily Environment Report article “Chemical Makers Told to Act Now, Duck Regulatory Hassles Later.” Chemical manufacturers should have access to the EPA's electronic reporting system now to avoid headaches in six months as the deadline approaches to notify the agency about chemicals they have made or imported during the past 10 years. The clock hasn't started yet for the 180 days that chemical manufacturers and importers have to notify the agency, ... read more >
August 3, 2017
Charles M. Auer Quoted In “Chemical Risk Review Details Expected From EPA by Fall”
On August 3, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), was quoted by Bloomberg BNA Daily Environment Report discussing U.S. Environmental Protection Agency (EPA) plans to release documents detailing its new Toxic Substances Control Act (TSCA) chemical review process.  The documents are expected to aid companies as they prepare premanufacture notices (PMNs) they must submit when asking the agency to approve a new chemical, Charlie Auer, senior regulatory and policy adviser with Bergeson & Campbell, said. As a result, companies may ... read more >
July 19, 2017
"TSCA Reform: One Year Later" Conference Elicits Frank and Productive Discussion from Government, NGO, and Industry Speakers
On June 27, 2017, the Environmental Law Institute (ELI), Bergeson & Campbell, P.C. (B&C®), the Environmental Defense Fund (EDF), and the George Washington University Milken Institute School of Public Health (GWU) held a day-long "TSCA Reform: One Year Later" conference at the GWU campus exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) on the first anniversary of its enactment. Lautenberg significantly amended the Toxic Substances Control Act, and holds the U.S. Environmental ... read more >
July 18, 2017
Charles Auer and Richard Engler, Ph.D., Quoted In Bloomberg BNA Daily Environment Report Article “Chemical Industry Eyes New Chance to Drive EPA Risk Analyses”
On July 18, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), and Richard E. Engler, Ph.D., Senior Chemist with Acta, were quoted by Bloomberg BNA Daily Environment Report regarding the U.S. Environmental Protection Agency’s (EPA) data gathering authority. […] The EPA's recent rules don't mention any intention to use the agency's new authority under the amended chemicals law to order companies to provide toxicity or exposure data, Richard Denison, lead senior scientist for the Environmental Defense Fund, said June 27 at a ... read more >
July 18, 2017
TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5
Bloomberg BNA/Bergeson & Campbell, P.C. Webinar Wednesday, August 2, 2017, 12:00 p.m. - 1:30 p.m. (EDT) Complimentary Registration Available Online   With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the June 2017 copy of the Toxic Substances Control Act (TSCA) Inventory (Inventory), the magnitude of effort that will be needed to comply with the Section 8(b)(4) Inventory notification process is becoming clear (see our June 6, 2017, memorandum “Preparing for the Inventory Reset: It Is Not ... read more >
June 29, 2017
Charles Auer Quoted in Inside EPA Article “The Emerging Debate Over New TSCA Rules: 'Achievable' v. 'Lawful'”
On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first anniversary. […] Former career EPA toxics chief Charles Auer, now with the law firm Bergeson & Campbell,  […] noted his own disappointment that EPA has yet to exercise its new TSCA authorities ... read more >
June 21, 2017
Inside EPA Quotes Lynn L. Bergeson on Challenges to TSCA Framework Rules
On June 21, 2017, Inside EPA quoted Lynn L. Bergeson, President of The Acta Group (Acta®), in the article “As EPA Issues TSCA's Framework Rules, Bipartisan Law Faces Challenges.” […] Lynn Bergeson, managing partner of the firm Bergeson & Campbell, suggested some concern in EPA's ability to advance use of these new technologies. She too, noted Lautenberg's requirements regarding non-animal testing, including its direction that EPA craft a plan to mange the transition by June 22, 2018. “We find it very important and terrific that section 4(h) ... read more >
June 19, 2017
TSCA Reform—One Year Later
June 27, 2017, 9:00 a.m. - 4:45 p.m. (EDT) Milken Institute School of Public Health George Washington University 950 New Hampshire Ave., N.W. 1st Floor Auditorium Washington, D.C. (and via webinar) Register Today This event is free and open to the public. Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health for a day-long conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), ... read more >
June 14, 2017
Inside EPA Quotes Lynn L. Bergeson in “Scope Of 'Use' In TSCA Revision Seen Driving New Industry Data-Sharing”
On June 14, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by Inside EPA discussing the impacts of a possible requirement by the U.S. Environmental Protection Agency (EPA) to consider all possible use conditions while conducting risk assessments. […] Speaking at a recent seminar on environmental regulation hosted by the Practising Law Institute in New York, NY, attorney Lynn Bergeson said competing calls from industry and environmentalists on whether risk assessments should consider "all" conditions in which a chemical might be used are placing ... read more >
June 12, 2017
Lynn L. Bergeson, Charles M. Auer, and Richard E. Engler, Ph.D., Present during Bloomberg BNA Webinar "Reviewing New Chemicals Under Amended TSCA: Impact on Innovation"
On June 12, 2017, Bloomberg BNA presented the webinar "Reviewing New Chemicals Under Amended TSCA: Impact on Innovation," featuring Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®); Richard E. Engler, Ph.D., Senior Chemist with Acta; and Lynn L. Bergeson, President of Acta; as well as Jeffery Morris, Director, U.S. Environmental Protection Agency (EPA), Office of Pollution Prevention and Toxics; Beth Bosley, President, Boron Specialties LLC; and Robert Mott, Manager, Global Regulatory, Sun Chemical Corporation. After an introduction from Jeff ... read more >
May 24, 2017
Lynn L. Bergeson Presents “TSCA Implementation and Current U.S. Regulatory Environment” at NIA Webinar
On May 24, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), presented “TSCA Implementation and Current U.S. Regulatory Environment” at the Nanotechnology Industries Association (NIA) webinar: “Toxic Substances Control Act (TSCA) implementation and current US regulatory environment.” Ms. Bergeson’s presentation addressed reformed TSCA (Frank R. Lautenberg Chemical Safety for the 21st Century Act) implementation and the current regulatory environment under the Trump Administration and U.S. Environmental Protection Agency (EPA) Administrator Scott ... read more >
May 23, 2017
Lisa R. Burchi Explains “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group Meeting
On May 23, 2017, Lisa R. Burchi, Senior Regulatory Specialist with The Acta Group (Acta®), presented “The New TSCA: Impact on States and Worker Safety Programs” at ORCHSE Strategies, LLC’s Western Occupational Safety and Health Group meeting. Ms. Burchi’s presentation addressed the new Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, and its impact on worker safety programs nationwide. Specifically, she discussed the changes in the designation of workers, identified in the new bill as a ... read more >
May 23, 2017
Bloomberg BNA Presents “Reviewing New Chemicals under Amended TSCA: Impact on Innovation” Webinar
  Monday, June 12, 2017, 12:00 p.m. - 1:30 p.m. (EDT)  This webinar has occurred.  Materials and recording provided upon request to Acta clients, associated businesses, and industry members.   Since enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act last June, a logjam of new chemicals under review at the U.S. Environmental Protection Agency (EPA) unable to enter commerce has developed.  EPA’s Office of Pollution Prevention and Toxics (OPPT) is adjusting to new requirements in the 2016 amendments to the nation’s primary ... read more >
May 18, 2017
Charles Auer Quoted in “Rate of EPA Chemical Regulation Ramps Up Since Toxics Law Update”
On March 18, 2017, Bloomberg BNA Daily Environment Report quoted Charles M. Auer, Senior Regulatory and Policy Advisor with The Acta Group (Acta®), explaining how updates to the Toxic Substances Control Act (TSCA) are impacting new chemical regulations. The Environmental Protection Agency has been regulating more new chemicals since the Toxic Substances Control Act was overhauled than it did before, according to a snapshot of its work over the past 11 months. “It's definitely harder to get a new chemical to market,” Charles Auer, a former senior EPA chemicals ... read more >
May 18, 2017
Bergeson & Campbell, P.C. and ABA Books Release New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation
Bergeson & Campbell, P.C. (B&C®) is pleased to announce the publication of New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, released today by the American Bar Association (ABA).  This new book is a comprehensive guide to the substantial revisions to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act on June 22, 2016, to produce “new TSCA,” amending and replacing “old TSCA” as of that date.  B&C Managing Partner Lynn L. Bergeson and ... read more >
May 17, 2017
Comments By Dr. Richard E. Engler Featured In Bloomberg BNA Daily Environment Report Article On EPA Chemical Review Process
On May 17, 2017, Richard E. Engler, Ph.D., Senior Chemist at the Acta Group (Acta®), was quoted in the Bloomberg BNA Daily Environment Report article “Pace of EPA New Chemical Reviews Picks Up, Allaying Concerns.” […] The new information, which the agency posted since May 12, shows the EPA has made many more new chemical decisions since TSCA was amended than was publicly known, Richard Engler, a senior chemist with the Bergeson & Campbell, P.C. in Washington told Bloomberg BNA May 16. […] The first website, which had a search function that previously ... read more >
May 5, 2017
Comments By Richard Engler Included In Bloomberg BNA Daily Environment Report Article “Chemicals Law Is Top Priority of Trade Group's New Leadership”
On May 4, 2017, Richard E. Engler, Ph.D., Senior Chemist at the Acta Group (Acta®), was quoted by Bloomberg BNA Daily Environment Report discussing the U.S. Environmental Protection Agency’s (EPA) chemical regulation process in response to efforts by the Society of Chemical Manufacturers & Affiliates (SOCMA) to speed up the process. […] A logjam of nearly 800 new chemicals has developed in the EPA's new chemicals office since the Toxic Substances Control Act was amended June 22, 2016. The agency has authorized only 63 new chemicals and microbes as of April 20 ... read more >
May 2, 2017
ELI, GWU, and B&C Present “TSCA Reform – One Year Later”
  SAVE THE DATE   TSCA Reform – One Year Later June 27, 2017, 9:00 a.m. - 4:30 p.m. (EDT) George Washington University Milken Institute School of Public Health, Washington, D.C. Join the Environmental Law Institute and the George Washington University Milken Institute School of Public Health for a day-long conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), just over one year after it was signed into law. ... read more >
April 28, 2017
Dr. Richard E. Engler Makes Presentation Regarding TSCA Reform to the Chemical Society of Washington
On April 27, 2017, Richard E. Engler, Ph.D., Senior Chemist at Bergeson & Campbell, P.C. (B&C®), presented “Toxic Substances Control Act (TSCA) and TSCA Reform” at the Chemical Society of Washington’s monthly dinner meeting. Dr. Engler discussed TSCA before and after reform by The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) and challenges that the U.S. Environmental Protection Agency (EPA) and industry face in implementing and complying with the new law. In this extensive presentation, Dr. Engler discussed the centralizing concept of ... read more >
April 26, 2017
Bloomberg BNA Daily Environment Report Quotes Richard Engler In “No Insights in EPA Notices on 19 New Chemicals on Market”
On April 25, 2017, Bloomberg BNA Daily Environment Report included comments by Richard E. Engler, Ph.D., Senior Chemist at the Acta Group (Acta®), commenting on the 19 new chemicals that have been given market approval by the U.S. Environmental Protection Agency (EPA) between December 1, 2016, and February 28, 2017. […] The EPA has notified the manufacturers that asked to make the new chemicals of the approvals and announced the decisions on its public website, Richard Engler, a senior chemist with Bergeson & Campbell, P.C., who spent 17 years working with EPA, told ... read more >
April 20, 2017
​Inside EPA Article Quotes TSCA Blog Post “EPA Denies TSCA Section 21 Petition on Fluoride Chemicals in Drinking Water; Provides Response to Petition”
On April 19, 2017, Inside EPA quoted a post from the TSCA Blog in the article “Suit Over EPA's Rejection Of Fluoride Ban Claims TSCA Misinterpretation.” “This asserted view, that only a comprehensive risk evaluation considering all conditions of use will suffice, presents a very high threshold for action -- and seemingly an impossibly high threshold to move EPA to act," officials with the law firm Bergeson & Campbell said in a March 7 blog post. […]  Bergeson and Campbell attorneys said that EPA's denial is "essentially arguing that ... read more >
March 29, 2017
Sheryl Lindros Dolan Presents “Protecting Trade Secrets Around the World Part 1: Comparing CBI Requirements under New TSCA and OSHA HCS 2012” at the SCHC Spring Meeting
On March 28, 2017, Sheryl Lindros Dolan, Senior Regulatory Consultant at Bergeson & Campbell, P.C. (B&C®), presented “Protecting Trade Secrets Around the World Part 1: Comparing CBI Requirements under New TSCA and OSHA HCS 2012” at the Society for Chemical Hazard Communication (SCHC) Spring Meeting. Ms. Dolan’s presentation reviewed the requirements for confidential business information (CBI) protection under the new Toxic Substances Control Act (TSCA), compared these requirements with those under the Occupational Safety and Health Administration (OSHA) Hazard ... read more >
March 6, 2017
Bloomberg BNA Daily Environment Report Article “New Toxic Controls to Emerge in Chemical Sector's March Madness,” Quotes Lynn L. Bergeson
On March 6, 2017, Bloomberg BNA Daily Environment Report quoted Lynn L. Bergeson, President of The Acta Group (Acta®), on how B&C will handle the implementation of TSCA Reform. Four law firms contacted by Bloomberg BNA say they are able to file the comments they are preparing without hiring additional staff or contractors. Others say other aspects of TSCA's implementation has prompted them to seek new hires. Lynn Bergeson, managing partner of Bergeson & Campbell PC in Washington, said that the firm may hire additional staff to address the backlog of hundreds of new chemical ... read more >
March 3, 2017
Lynn L. Bergeson Quoted In Bloomberg BNA Daily Environment Report Article “Proposed EPA Cuts Incense State Funding Proponents”
On March 3, 2017, Lynn L. Bergeson, President of The Acta Group (Acta®), was quoted by the Bloomberg BNA Daily Environment Report on how proposed EPA budget cuts could impact the chemical and pesticides program. Lynn Bergeson, managing partner of Bergeson & Campbell PC, a Washington, D.C.-based law firm that specializes in chemical and pesticide regulations, told Bloomberg BNA this is good news for the EPA's Office of Chemical Safety and Pollution Prevention Office, which oversees both chemicals and pesticides. The OMB did not recommend any cuts to either the chemicals or ... read more >
February 10, 2017
Lynn L. Bergeson Quoted By Bloomberg BNA Daily Environment Report Regarding How Manufacturers Should Participate in EPA Rulemaking
On February 10, 2017, Managing Partner of Bergeson & Campbell, P.C. and President of the Acta Group (Acta®), Lynn L. Bergeson, was quoted in the Bloomberg BNA Daily Environment Report article “Vehicle, Furniture Makers Urged to Increase Role in Toxics Law.” Lynn Bergeson, managing partner of the Washington, D.C., office of Bergeson & Campbell, P.C., said some manufacturers, such as companies that purchase nanoscale chemicals to make sports equipment, aren't well positioned to actively participate in EPA's rulemakings. Nevertheless responsible product ... read more >
February 9, 2017
Inside EPA Article, “Stakeholders Flag Early Concerns On EPA TSCA Risk Evaluation Proposal,” Quotes B&C Memorandum
On February 9, 2017, Inside EPA quoted Acta affiliate Bergeson & Campbell P.C.’s (B&C®) memorandum, “TSCA: EPA Releases Proposed Chemical Risk Evaluation Process under New TSCA,” regarding how a weight of evidence (WoE) approach would impact U.S. Environmental Protection Agency (EPA) risk evaluations. And a Jan. 19 Bergeson & Campbell memorandum on the proposal says that while the preamble contains language leading toward codifying an effective WoE approach, "A clear statement of EPA's approach to WOE in conducting risk evaluations would ... read more >
January 17, 2017
Bloomberg BNA Daily Environmental Report Article On EPA’s Proposed Commercial Chemical Review Strategy Features Comment By Lynn L. Bergeson
On January 17, 2017, Bloomberg BNA Daily Environment Report included a quote by Lynn L. Bergeson, President of The Acta Group (Acta®), in the article “EPA Proposes Strategy to Identify, Review Commercial Chemicals.” Lynn Bergeson, managing partner of Bergeson & Campbell PC in Washington, D.C., told Bloomberg BNA, “EPA has done the near impossible in proposing three epic rules. Now the burden is on other stakeholders to define, clarify, and help the process ... read more >
January 11, 2017
The Top Chemical Regulatory Stories of 2016
  The attorneys, scientists, policy experts, and regulatory advisors of Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) endeavor year-round to keep you informed on key developments as they happen, and prepared for looming changes and deadlines, to help you maintain compliance and competitive advantage as you market your products throughout the world. As the new year begins, we offer you this look back at the top stories of 2016 (as measured by clicks, reads, and shares by readers of our blogs and e-mails), a ... read more >
January 9, 2017
Richard E. Engler, Ph.D. Quoted In Wired Article On New Chemical Regulations
On January 9, 2017, Richard E. Engler, Ph.D., Senior Chemist with The Acta Group (Acta®), was quoted in “The Chemical Industry’s Having a Bad Reaction to New Regs.” As a result, some chemists feel like they must dial back their ambitions to pass review. “New chemicals are taking significantly longer to get through the EPA process now,” says Rich Engler, a chemical consultant with environmental law firm Bergeson & Campbell. “If I were advising a client I would tell them to only try to develop something low hazard, because those are the only ones ... read more >
January 5, 2017
Bloomberg BNA Daily Environment Report Article Quotes Charles M. Auer On Chemical Data Reporting Rule
On January 5, 2017, the Bloomberg BNA Daily Environment Report Article, “Outlook 2017: Amended Chemicals Law Implementation Top Priority,” quoted Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), regarding how Chemical Data Reporting (CDR) Rule information will be used in the future to help prioritize risk evaluations and other chemical regulatory activities. The EPA's Office of Chemical Safety and Pollution Prevention has work to do in 2017 beyond the specific mandates of the amended TSCA law. For example, the Chemical ... read more >
December 7, 2016
Oscar Hernandez and Jim Aidala Quoted in “Risk Limits Under New Toxics Law May Continue Past Practice”
On December 7, 2016, the Bloomberg BNA Daily Environment Report quoted Oscar Hernandez, Ph.D., Senior Regulatory Chemist with The Acta Group (Acta®), and Jim Aidala, Vice President, Policy and Government Affairs with Acta, regarding how the U.S. Environmental Protection Agency (EPA) will handle the new toxics law. Typically, the agency takes action on chemicals whose risks range between 1 in 10,000 excess cancer cases to 1 in 1 million excess cases. “They'd have to explain why they're moving out of that range if they did anything different,” former EPA toxics chief ... read more >
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