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Forecast For U.S. Federal And International Chemical Regulatory Policy 2022: On January 3, 2022, Bergeson & Campbell, P.C. (B&C®), The Acta Group (Acta®), and B&C® Consortia Management, L.L.C. (BCCM) published our Forecast for U.S. Federal and International Chemical Regulatory Policy 2022. This extraordinarily detailed 108-page document offers our best informed judgment as to the trends and key developments we expect to see...
December 30, 2021
EPA Publishes Draft Scope of the Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos
The U.S. Environmental Protection Agency (EPA) announced on December 29, 2021, the availability of the Draft Scope of the Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos (Draft Scope). 86 Fed. Reg. 74088. In the Part 2 risk evaluation, EPA will evaluate the conditions of use of asbestos (including other types of asbestos fibers in addition to chrysotile) that EPA had excluded from Part 1 as legacy uses and...
December 29, 2021
Draft Revision to Risk Determination for HBCD Retains Finding of Unreasonable Risk of Injury
On December 29, 2021, the U.S. Environmental Protection Agency (EPA) announced the availability of a draft revision to the risk determination for the cyclic aliphatic bromide cluster (HBCD) risk evaluation issued under the Toxic Substances Control Act (TSCA). 86 Fed. Reg. 74082. EPA is reconsidering two key aspects of the risk determinations for HBCD. First, EPA proposes that the appropriate approach to these determinations under TSCA and implementing regulations is to make an unreasonable...
December 21, 2021
EPA Intends Draft TSCA Systematic Review Protocol to Strengthen Science Used in Chemical Risk Evaluations
On December 20, 2021, the U.S. Environmental Protection Agency (EPA) released the Draft Systematic Review Protocol Supporting TSCA Risk Evaluations for Chemical Substances (Draft Protocol) for public comment. 86 Fed. Reg. 71891. According to EPA’s press release, the Draft Protocol will strengthen EPA’s approach to reviewing and selecting the scientific studies that are used to inform Toxic Substances Control Act (TSCA) chemical risk evaluations and ensure that...
December 15, 2021
Lynn L. Bergeson and Christopher R. Blunck Quoted by Bloomberg Law in “EPA to Miss Chemical Deadlines, Exposing Public to Risks”
On December 14, 2021, Lynn L. Bergeson, President, The Acta Group (Acta®), and Christopher R. Blunck, Senior Regulatory Specialist, Acta, were quoted by Bloomberg Law regarding the U.S. Environmental Protection Agency’s (EPA) recently released regulatory agenda that “anticipates the agency missing at least five of 10 deadlines the 2016 Toxic Substances Control Act (TSCA) amendments set to restrict too-risky chemicals already on the U.S. market" and...
December 14, 2021
Proposition 65: OEHHA Modifies Proposed Changes to “Short-Form” Warnings
On December 13, 2021, the California Office of Environmental Health Hazard Assessment (OEHHA) issued a notice proposing modifications to the revisions it first proposed on January 8, 2021, to its Proposition 65 (Prop 65) Article 6 “clear and reasonable warnings” regulations for “short-form” warnings (Notice). More information regarding the January 8, 2021, proposal is available on our blog. OEHHA is requesting comments on its Notice and the modifications to the proposed...
December 13, 2021
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “EPA Stops Posting ‘Critically Important’ Chemical Risk Data”
On December 13, 2021, Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®) was quoted by Bloomberg Law regarding a substantial decrease in chemical data being posted to the ChemView database by the U.S. Environmental Protection Agency (EPA) due to resource constraints. This information is used by the public, industry, and environmental groups to easily access health and safety information for hundreds of chemicals. Businesses might need the information...
On December 2, 2021, the U.S. Environmental Protection Agency (EPA) published an updated New Approach Methods (NAM) Work Plan (Updated Work Plan). EPA created the work plan to prioritize its efforts and resources toward activities that aim to reduce the use of vertebrate animal testing while continuing to protect human health and the environment. EPA describes its updated roadmap and identifies steps intended to reduce the use of vertebrate animals for toxicity testing and related research...
On December 7, 2021, the House Science, Space, and Technology Subcommittees on Environment and on Research and Technology held a joint hearing entitled “Forever Chemicals: Research and Development for Addressing the PFAS Problem.” Four witnesses spoke before the subcommittees on their respective knowledge of the current state of per- and polyfluoroalkyl substances (PFAS) and where each felt future actions should be focused: Dr. Elsie Sunderland, Gordon McKay Professor of...
November 29, 2021
Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Bloomberg Law in “Chemical Makers Face First of Two EPA Fee Hikes”
On November 24, 2021, Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, were quoted by Bloomberg Law regarding planned increases for Toxic Substances Control Act (TSCA) fees. Lynn L. Bergeson, managing partner, with Bergeson and Campbell PC, said EPA’s fee revisions will be the “main event” for companies to watch. Tuesday’s announcement appears to be the statute’s routine adjustment...