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On December 4, 2023, comments by Lynn L. Bergeson and Christopher Blunck were featured in Chemical Watch’s article regarding a TSCA section 5(f) orders prohibiting Texas-based Inhance Technologies from producing certain PFAS when fluorinating plastic containers, a move the company said will threaten its “very existence” and affect thousands of downstream businesses. According to Bergeson & Campbell managing partner Lynn Bergeson, the severity of the remedy (cessation of...
November 30, 2023
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted in Chemical Watch Article “TSCA risk evaluation for formaldehyde will follow existing procedural rule”
On December 6, 2023, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch’s article on the U.S. Environmental Protection Agency’s (EPA) plan to conduct its TSCA risk evaluation of formaldehyde following procedures in its existing risk evaluation ‘framework’ rule, rather than those set out in a recent regulatory proposal. Lynn Bergeson and Richard Engler of law firm Bergeson & Campbell said they were surprised to hear the agency would...
On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. 88 Fed. Reg. 82287. In the proposed rule, EPA states that after receiving additional comments following the...
AUSTRALIA AICIS Posts Video On Proposed Changes To AICIS Rules And Guidelines On Categorization, Reporting, And Recordkeeping: The Australian Industrial Chemicals Introduction Scheme (AICIS) has posted videos of webinars held in September and October 2023 on proposed changes to AICIS Rules and Guidelines on categorization, reporting, and recordkeeping: Comments were due November 9, 2023. CANADA HC Announces Launch Of Canadian Product Safety Pledge: On September 28, 2023, Health Canada (HC)...
November 22, 2023
Lynn L. Bergeson and Richard E. Engler, Ph.D. Named 2023 Affiliates of the Year by ACD (formerly NACD)
Bergeson & Campbell, P.C. (B&C®) is proud to announce that Lynn L. Bergeson, Managing Partner, and Richard E. Engler, Ph.D., Director of Chemistry, have received the Affiliate of the Year award from the Alliance for Chemical Distribution (ACD), for their “invaluable counsel,” “technical support,” and guidance on chemical distribution issues. ACD is the new name and identity of the association formerly known as the National Association of Chemical Distributors (NACD). In their...
November 17, 2023
Lynn L. Bergeson, “EPA Proposes Ban on Trichloroethylene,” Chemical Processing, November 17, 2023.
Unsurprisingly, the U.S. Environmental Protection Agency (EPA) proposed on Oct. 31, to ban all uses of trichloroethylene (TCE) after determining it presents an unreasonable risk of injury to human health under conditions of use pursuant to the Toxic Substances Control Act (TSCA). TCE is widely used in cleaning and furniture-care products, degreasers, brake cleaners and tire repair sealants. Alternatives are available for many uses. The proposed rule would ban TCE’s manufacture, processing...
On November 7, 2023, the Ninth Circuit affirmed the District Court for the Eastern District of California’s (District Court) June 22, 2020, decision granting summary judgment in favor of Plaintiffs. The Ninth Circuit entered a permanent injunction enjoining the California Attorney General from enforcing Proposition 65’s (Prop 65) carcinogen warning requirement for the herbicide glyphosate. National Ass’n of Wheat Growers et al. v. Bonta (Opinion).The Ninth Circuit found that requiring the...
November 13, 2023
Defra Publishes Policy Paper on UK REACH Alternative Transitional Registration Model
On November 9, 2023, the Department for Environment, Food and Rural Affairs (Defra) published a policy paper on a UK Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) alternative transitional registration model (ATRm). According to Defra, in response to concerns raised by the chemicals industry about the significant cost to businesses of accessing European Union (EU) data packages to support UK REACH transitional registrations, Defra has been exploring options with the...
November 8, 2023
Lynn L. Bergeson, “Reporting PFAS: reporting burden is the least of businesses’ worries,” Financier Worldwide, December 2023.
Ask just about anyone doing business in the US making or importing products that contain chemicals what they think about the US Environmental Protection Agency’s (EPA’s) new per- and polyfluoroalkyl substance (PFAS) reporting rule, and you will get a decidedly grumpy response. Granted, no businessperson welcomes any new chemical reporting obligation, but by any standard, the EPA’s 11 October 2023 final PFAS reporting rule is problematic and is inviting uniquely scathing criticism....
On October 27, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing changes to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). OEHHA first proposed changes to the short-form warning requirements on January 8, 2021, with modifications proposed on December 13, 2021, and April 5, 2022. Industry was harshly critical of OEHHA’s proposal in written comments and during a...