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...
November 24, 2021

Senate Bill Would Amend FIFRA to Prohibit Dangerous Pesticides and Cancel Registrations of Organophosphates, Neonicotinoids, and Paraquat

On November 23, 2021, Senator Cory Booker (D-NJ) announced his intention to reintroduce the Protect America’s Children from Toxic Pesticides Act of 2021, that would amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) “to [protect fully] the safety of children and the environment, to remove dangerous pesticides from use, and for other purposes.” Similar legislation was introduced in the House (H.R. 7940) and Senate (S. 4406) in 2020, but the bills did not...
November 24, 2021

EPA Announces Legally Mandated Changes to TSCA Fees

The U.S. Environmental Protection Agency (EPA) announced on November 23, 2021, legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). This is not the fee adjustment we have been awaiting. It is a routine increase that TSCA directs EPA every three years to adjust the fees. The adjustment will go into effect on January 1, 2022, and will apply to all TSCA fees. The fee adjustment will not be retroactive and will not impact...
November 23, 2021

Lynn L. Bergeson and Richard E. Engler, Ph.D., Quoted by Chemical Watch in “TSCA approach for addressing abandoned PFASs may invite criticism”

On November 23, 2021, Chemical Watch featured comments by Lynn L. Bergeson, President, The Acta Group (Acta®) and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding a U.S. Environmental Protection Agency (EPA) plan to use Toxic Substance Control Act (TSCA) significant new use rules (SNUR) to address inactive per- and polyfluoroalkyl substances (PFAS). "The Snur authority is a de facto bar to manufacture/import," Lynn Bergeson and Rich Engler...
November 12, 2021

Infrastructure Bill Includes Provisions Important to Chemical and Agriculture Sectors

On November 8, 2021, the Infrastructure Investment and Jobs Act (H.R. 3684) was presented to President Joseph Biden (D) for signature. The House passed the bill on November 5, 2021, by a vote of 228 to 206, and the Senate passed the bill on August 10, 2021, by a vote of 69 to 30. The bill contains many important provisions. We highlight below some of the provisions in the 1,039-page bill that we believe our clients and friends may find interesting. Pesticides Under the...
November 11, 2021

James V. Aidala Quoted in Inside TSCA Article “Former Official Says PFAS Patchwork Shows Failures Of TSCA Preemption”

On November 11, 2021, James V. Aidala, Vice President, Policy and Government Affairs, The Acta Group (Acta®), was quoted by Inside EPA’s Inside TSCA regarding state regulations of per- and polyfluoroalkyl substances (PFAS). A former EPA toxics chief says Michigan’s new executive order limiting purchases of products made with per- and polyfluoroalkyl substances (PFAS) not only expands a nationwide patchwork of state-level PFAS policies, but shows that the reformed...
November 9, 2021

Chemical Watch Article “Stakeholders see room for improvement in US EPA’s PFAS categorization” Features Comments by Richard E. Engler, Ph.D.

On November 9, 2021, Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency’s (EPA) classification of per- and polyfluoroalkyl substances (PFASs) for company-funded testing under the Toxic Substances Control Act (TSCA). According to Richard Engler, director of chemistry for law firm Bergeson & Campbell, the agency has "come down somewhere in the middle" between...
November 1, 2021

Global Regulatory Update for November 2021

The Acta Group and Bergeson & Campbell, P.C. extend our best wishes to our clients and many friends. We wish you and your family a safe and healthy New Year. As we have for many years, the firms have made a contribution to the House of Ruth, a shelter for battered women and their children, in lieu of gifts to our clients, and on our clients’ behalf. B&C Launches FIFRA Tutor™ Online, On-Demand Regulatory Training: The Acta Group...
October 28, 2021

House Committee Holds Hearing on “TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act”

The House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on October 27, 2021, on “TSCA and Public Health: Fulfilling the Promise of the Lautenberg Act.” The October 25, 2021, briefing memorandum notes that the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Lautenberg Act) comprehensively amended the Toxic Substances Control Act (TSCA), “including key reforms to increase [the U.S. Environmental Protection Agency’s (EPA)]...
October 25, 2021

EPA Proposes Further Extension of Compliance Dates for PIP (3:1)-Containing Articles

The U.S. Environmental Protection Agency (EPA) announced on October 21, 2021, that it is proposing to extend further the compliance dates related to articles containing phenol, isopropylated phosphate (3:1) (PIP (3:1)) to ensure supply chains for key consumer and commercial goods are not disrupted. As reported in our September 3, 2021, memorandum that addresses a September 17, 2021, final rule, EPA provided a short-term extension of certain compliance dates for PIP (3:1)...