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 >
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