SKIP TO CONTENT
The U.S. Environmental Protection Agency (EPA) proposed on October 31, 2023, to ban all uses of trichloroethylene (TCE) after determining that it presents an unreasonable risk of injury to human health under its conditions of use as documented in EPA’s November 2020 risk evaluation (2020 TCE RE) and January 2023 revised risk determination (2023 Revised RD) pursuant to the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 74712. According to EPA’s October 23, 2023, press release, TCE is...
The U.S. Environmental Protection Agency (EPA) announced on October 19, 2023, a proposed rule that would amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). Published in the Federal Register on October 30, 2023, the proposed rule states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or...
The European Chemicals Agency (ECHA) announced on September 27, 2023, that it carried out two campaigns during 2021-2023 to remind companies of their obligation to keep their Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) registrations up to date. According to ECHA, 57 of the 689 screened registrations, from 50 companies in 11 European Union (EU) member states, are still in breach of the update requirements under REACH Article 22. ECHA states that it reported these...
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to announce that Catherine M. Croke, DBA, Director of Product Stewardship and Regulatory Affairs, has been elected to serve on the Product Stewardship Society’s (PSS) Board of Directors for the 2023 – 2026 term. PSS President Lisa Marie Nespoli, CPPS, said of the newly elected directors: “These accomplished figures have earned recognition as leaders in product stewardship, and we are eager to tap into their...
Bergeson & Campbell, P.C. (B&C®) and The Acta Group (Acta®) are pleased to share that Lynn L. Bergeson will present during the American Bar Association (ABA) Section of Environment, Energy, and Resources’ (SEER) Pesticides and Chemicals Committee’s “Careers in Chemicals” webinar on October 20, 2023, at 12:00 p.m. (EDT). This event will feature a panel of experienced attorneys who will discuss their legal careers, why they focus their practice on chemical...
October 16, 2023
Lynn L. Bergeson, “EPA Issues Final Rule on TSCA PFAS Reporting Requirements,” Chemical Processing, October 16, 2023.
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released its long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA). The rule requires reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed in this article, the final rule is not what many of us expected nor wanted....
October 13, 2023
HSE Begins Public Consultation on Draft Recommendation to Add DIHxP to UK REACH Authorization List
The United Kingdom (UK) Health and Safety Executive (HSE) began a public consultation on September 18, 2023, on its draft recommendation for 2023 to include diisohexyl phthalate (DIHxP) on the authorization list (Annex 14 of UK REACH). According to HSE’s draft background document, the European Chemicals Agency (ECHA) prioritized DIHxP and included DIHxP in its April 12, 2023, recommendation for the inclusion of substances in the European Union (EU) Registration, Evaluation, Authorisation and...
October 12, 2023
FDA Seeks Comment on Cosmetics Direct and Forms Regarding Registration of Cosmetic Product Facility and Cosmetic Product Listing
On September 15, 2023, the U.S. Food and Drug Administration (FDA) announced that it is seeking comment on its newly developed draft electronic submission portal (Cosmetics Direct) and paper forms (Forms FDA 5066 and 5067). The submission portal and paper forms are part of FDA’s implementation of the new registration and listing requirements mandated by the Modernization of Cosmetics Regulation Act of 2022 (MoCRA). FDA has provided screenshots of the draft electronic system, draft Form FDA...
October 11, 2023
Lynn L. Bergeson Quoted in Bloomberg Law Article “EPA’s Final PFAS Data Rule Seen as Ripe for Industry Challenges”
On October 10, 2023, comments by Lynn L. Bergeson were featured in Bloomberg Law's article on the U.S. Environmental Protection Agency's (EPA) decision to require companies to report extensive information about per- and polyfluoroalkyl substances (PFAS) in their merchandise. Not every attorney thinks the rule could be legally vulnerable.The regulatory burden, especially on small business entities, is high, and the scope of the reporting obligation is “insanely broad,” said...
On September 28, 2023, the U.S. Environmental Protection Agency (EPA) released a long-overdue final rule under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) regarding reporting and recordkeeping requirements for per- and polyfluoroalkyl substances (PFAS). As discussed below, the final rule is not what many of us expected, nor wanted. EPA states that the reporting rule is a statutory requirement under the fiscal year (FY) 2020 National Defense Authorization Act (NDAA) that requires...