ACTA News: TSCA

February 2, 2023
“What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” Webinar Available On-Demand
The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C.’s (B&C®) January 31, 2023, webinar “What to Expect in Chemicals Policy and Regulation and on Capitol Hill in 2023” is now available for on-demand viewing. During this one-hour webinar, Lynn L. Bergeson, Managing Partner, B&C; James V. Aidala, Senior Government Affairs Consultant, B&C; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Dennis R. Deziel, Senior Government Affairs Advisor, B&C discussed the U.S. Environmental Protection Agency’s (EPA) ... read more >
January 18, 2023
Lynn L. Bergeson Quoted by Chemical Watch in Article “What should we expect from TSCA in 2023?"
On January 18, 2023, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding changes expected from the U.S. Environmental Protection Agency (EPA) in the coming year.  According to attorneys at Bergeson & Campbell, the EPA has pulled senior scientists from across the agency to assist with new chemicals reviews, while continuing to hire new ones. "The onboarding and training of new assessors will take time, but EPA’s performance in reviewing PMNs should improve throughout 2023," firm attorneys said in ... read more >
January 6, 2023
Lynn L. Bergeson Quoted by Finishing and Coating in Article “Hiding in Plain Sight: PFAS May Enter Shop on Customer Parts"
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®), was quoted in the January 2023 issue of Finishing and Coating regarding the presence of per-and polyfluoroalkyl substances (PFAS) in materials used around the electroplating process. “We live in a brave new world indeed,” says Lynn Bergeson, an attorney, and managing partner at Bergeson & Campbell, a firm in Washington D.C. that has been representing businesses in cases brought by the U.S. EPA for several decades. “We all are beginning to appreciate the ubiquity of ... read more >
January 6, 2023
The Acta Group Releases 2023 Forecast for U.S. Federal and International Chemical Regulatory Policy
Bergeson & Campbell, P.C. (B&C®) and its global consulting affiliate The Acta Group (Acta®) and consortia management affiliate B&C® Consortia Management, L.L.C. (BCCM) are pleased to offer you our Forecast 2023, our seasoned team’s collective take on what to expect regarding global industrial, agricultural, and biocidal chemical initiatives in the New Year. We have worked hard to offer our best-informed judgment on the trends and key developments we expect to see in 2023. Here at home, most would agree the Biden Administration has made bold and consequential ... read more >
December 9, 2022
Todd J. Stedeford Quoted by Chemical Watch in Article “TSCA Snur restricting carbon nanotubes poses ‘challenges’ for renewable battery sector"
On December 8, 2022, Chemical Watch quoted Todd J. Stedeford, Ph.D., DABT®, ERT, ATS, Senior Science and Regulatory Advisor, The Acta Group (Acta®), regarding a proposed Toxic Substances Control Act (TSCA) significant new use rule (SNUR) restricting the use of multiwalled carbon nanotubes (MWCNTs). Todd Stedeford, counsel with Bergeson & Campbell, said the challenges presented by the proposed Snur are "not necessarily" unique to renewable battery companies.  Each processor of an article containing a covered MWCNT ... read more >
November 30, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Industry backs small business panel recommendations for TSCA PFAS reporting rule"
On November 30, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding recent suggestions from small business advocates and industry stakeholders for lowering the burden of the U.S. Environmental Protection Agency's (EPA) upcoming Toxic Substances Control Act (TSCA) PFAS reporting rule.  Bergeson & Campbell managing partner, Lynn Bergeson, told Chemical Watch the EPA’s request for input on the Irfa – due on 27 December – indicates that the agency could narrow the rule as industry ... read more >
November 15, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Fees Companies Must Pay EPA to Oversee Their Chemicals Soar"
On November 15, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency's (EPA) proposal to significantly increase fees chemical manufacturers would have to pay it to evaluate chemical risks and expand fees paid by companies that mix, but don’t make chemicals. The “fees are surprisingly high” in keeping with the agency’s warning of “sticker shock,” said Richard E. Engler, director of chemistry for Bergeson & Campbell ... read more >
November 9, 2022
Register Now for “Articles under TSCA” Webinar
Registration is open for the "Articles under TSCA" webinar on December 14, 2022, 12:00 p.m. - 1:00 p.m. (EST). When the Toxic Substances Control Act (TSCA) was enacted in 1976, the U.S. Environmental Protection Agency (EPA) focused its attention on chemical substances and chemical mixtures, while largely exempting the regulation of chemicals in “articles,” generally meaning finished products or manufactured goods. EPA’s more recent announcement of its intent to regulate chemicals in articles to a much greater extent has caught many in the regulated industries off ... read more >
November 2, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “TSCA workplace exposure limits not in works for three substances"
On November 2, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency's (EPA) confirmation that it does not plan to develop Toxic Substances Control Act (TSCA) ‘existing chemical exposure limits’ (ECEL) for three of the first ten chemicals evaluated under the amended law: the colourant PV29, the flame retardant HBCD and the solvent NMP.  It could mean the agency "is planning to pursue either more or less stringent requirements than an Ecel under TSCA", ... read more >
October 28, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “Scientific standards could take centre stage in future TSCA litigation"
On October 27, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency's (EPA) announcement that it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach.  The EPA issued "a very consequential memorandum" in June 2021 when it said it would reissue risk determinations for seven of the first ten existing substances evaluated under TSCA using an updated approach, Lynn Bergeson of Bergeson and ... read more >
September 19, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Bloomberg in Article “Lanxess Agrees to Drop Case Over EPA’s Chemical Test Order"
On September 19, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding a federal court's dismissal of Lanxess AG‘s petition asking to challenge an EPA order after the agency clarified that Lanxess and certain other chemical manufacturers wouldn’t be required to test chemicals they formerly made. Lynn Bergeson, managing partner of Bergeson & Campbell PC, which intervened in the case on behalf of chemical service provider MA Global Resources Inc., ... read more >
September 7, 2022
Register Now for "Environmental, Social, and Governance Issues: A Business Imperative" on October 11, 2022
  October 11, 2022 12:00 p.m. - 1:00 p.m. (EDT) REGISTER NOW Environmental, Social, and Governance (ESG) performance is more than an aspiration, and realizing it in real time is not easy. A well-designed ESG strategy can achieve meaningful improvements in corporate performance and provide real value to stakeholders through specific commitments to corporate responsibility. Any such approach, however, must be measurable, transparent, and accountable. Join experts from FTI Consulting, Christine DiBartolo and Ken Ditzel, and Lynn L. Bergeson, for a Bergeson & Campbell, P.C. ... read more >
August 24, 2022
Acta Quoted by Chemical Watch in Article “US EPA to consider all exposures in premarket chemical reviews”
On August 23, 2022, Chemical Watch quoted the Acta Group (Acta®) and Bergeson & Campbell, P.C. (B&C®) memoradum "EPA Will Discontinue Use of Exposure Modeling Thresholds When Assessing Health and Environmental Risks of New Chemicals," regarding the U.S. Environmental Protection Agency's (EPA) plan to discontinue the use of exposure modeling thresholds when assessing the health and environmental risks of new chemicals under the Toxic Substances Control Act (TSCA) New Chemicals Program. Law firm Bergeson & Campbell said in an online ... read more >
August 23, 2022
Richard E. Engler, Ph.D., Quoted by Chemical Watch in Article “Firefighting foam maker sues US EPA over PFAS test order”
On August 22, 2022, Chemical Watch quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), regarding a recent lawsuit by a firefighting foam producer against the U.S. Environmental Protection Agency (EPA) for including the producer in the agency’s initial PFAS TSCA test order, saying it neither manufactures nor processes the surfactant 6:2 fluorotelomer sulfonamide betaine (6:2 FTSB) that is subject to it. Rich Engler, director of chemistry at Bergeson & Campbell, added that "whether it is appropriate for EPA to order National Foam ... read more >
August 23, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “New Chemicals Exposure to Get Closer Look in EPA Policy Update”
On August 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding an announcement that the U.S. Environmental Protection Agency (EPA) plans to more closely analyze new chemicals to better understand the extent to which they’ll get into the environment, where people might breathe, touch, or ingest them. Lynn L. Bergeson, managing partner for Bergeson & Campbell PC, which specializes in chemical laws, described EPA’s announcement as “very unexpected.” “Without notice or consideration from the ... read more >
August 12, 2022
Lynn L. Bergeson and Richard E. Engler, Ph.D. Quoted by Chemical Watch in Article “US EPA changes TSCA test order policies for companies exiting market"
On August 11, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), and Richard E. Engler, Ph.D., Director of Chemistry, Acta, regarding updated Toxic Substances Control Act (TSCA) test order policies that no longer allow companies to stop manufacturing a substance to avoid fulfilling an agency data generation mandate. Lynn Bergeson and Rich Engler from law firm Bergeson & Campbell said the new policy seems to be a logical solution to "the prospect of all entities opting out, leaving no one to conduct the ... read more >
August 5, 2022
Webinar Recording Available: “TSCA New Approach Methodologies”
The Acta Group (Acta®) affiliate Bergeson & Campbell, P.C.’s (B&C®) August 3, 2022, webinar “TSCA New Approach Methodologies” is now available for on-demand viewing at https://attendee.gotowebinar.com/recording/8166994675079284995.   During this one-hour webinar, panelists shared a comprehensive review of the U.S. Environmental Protection Agency’s (EPA) use of New Approach Methodologies (NAM) in evaluating chemicals under the Toxic Substances Control Act (TSCA). Kristie Sullivan, MPH, Vice President of Research Policy with the Physicians ... read more >
July 22, 2022
Richard E. Engler, Ph.D., Quoted by Bloomberg Law in Article “Cutting Industry Negotiation Said to Speed EPA Chemical Controls”
On June 29, 2022, Bloomberg Law quoted Richard E. Engler, Ph.D., Director of Chemistry, The Acta Group (Acta®), discussing the use of chemical consent orders to speed up the new chemical review process. Directly issuing orders would not resolve all the delays new chemical manufacturers experience, said Richard Engler, director of chemistry for Bergeson & Campbell, PC. The EPA’s new chemicals office already has negotiated nearly 200 consent orders for new chemicals, he said. But the manufacturers of those new chemicals can’t fully distribute them as ... read more >
July 22, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “Three Lawsuits Aim to Shape EPA’s Use of Chemical Test Orders”
On July 22, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding three lawsuits that challenge the US Environmental Protection Agency’s (EPA) authority to order chemical manufacturers to generate information on their products. “The Lanxess and Vinyl Institute cases are, to me, a predictable result of a chaotic rollout of EPA Section 4 Test Order efforts,” said Lynn L. Bergeson, managing partner with Bergeson & Campbell PC, which specializes in chemical regulations implemented by multiple agencies. TSCA ... read more >
July 6, 2022
Register Now for “TSCA New Approach Methodologies”
Wednesday, August 3, 2022 12:00 p.m. - 1:00 p.m. (EDT) Register Today The 2016 amendments to the Toxic Substances Control Act (TSCA) require the U.S. Environmental Protection Agency (EPA) “to reduce and replace” vertebrate animals to the extent practicable, scientifically justified, and consistent with TSCA policies. EPA is also required to “develop a strategic plan to promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing and provide information of equivalent or better scientific ... read more >
June 2, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA: EPA unlikely to defer risk management to other federal agencies”
On May 31, 2022, Richard E. Engler, Ph.D., Director of Chemistry with The Acta Group (Acta®), was quoted by Chemical Watch regarding a recent proposed Toxic Substances Control Act (TSCA) risk management rule that provides insights into the potentially limited extent to which the U.S. Environmental Protection Agency (EPA) will defer to other agencies, despite concern from industry that this could lead to duplicative requirements. Richard Engler, director of chemistry at law firm Bergeson & Campbell, said he expects the agency will be open to stakeholder comments on ... read more >
June 1, 2022
Register Now for "TSCA Reform -- Six Years Later" on June 29, 2022
The Acta Gruop (Acta®) affiliate Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health are pleased to present “TSCA Reform - Six Years Later.” This complimentary virtual conference marks the sixth Toxic Substances Control Act (TSCA) Annual Conference, reflecting on the accomplishments and challenges since the implementation of the 2016 Lautenberg Amendments and where TSCA stands today. Speakers will dive into a host of topics, including the interface of science and ... read more >
May 27, 2022
Lynn L. Bergeson Quoted by Bloomberg Law in Article “First Lawsuit Challenging EPA’s Chemical Test Order Filed”
On May 26, 2022, Bloomberg Law quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding a lawsuit filed by a coalition of companies making a solvent that the U.S. Environmental Protection Agency’s (EPA) is examining for possible regulation. The coalition is asking a federal court to overturn an agency order seeking data to understand whether the chemical could harm wildlife.  Lynn L. Bergeson, managing partner of Bergeson and Campbell PC, which specializes in chemical regulations, said she couldn’t comment on the case’s ... read more >
May 23, 2022
Richard E. Engler, Ph.D., Quoted in Chemical Watch Article “TSCA asbestos proposal to put cost-benefit considerations under the microscope”
On May 20, 2022,  Richard E. Engler, Ph.D., Director of Chemistry with The Acta Group (Acta®), was quoted by Chemical Watch regarding the U.S. Environmental Protection Agency's (EPA) proposal to ban all ongoing uses of chrysotile asbestos, including a two-year deadline for the chlor-alkali industry to stop using asbestos diaphragms in the production of chlorine. The 12 April proposal – the first issued under the amended TSCA in response to a completed risk evaluation – floats what the agency calls an "aggressive transition" away ... read more >
April 6, 2022
Lynn L. Bergeson Quoted by Chemical Watch in Article “How the US EPA has fired a ‘warning shot’ on enforcement of PFAS requirements”
On April 5, 2022, Chemical Watch quoted Lynn L. Bergeson, President, The Acta Group (Acta®), regarding the U.S. Environmental Protection Agency’s (EPA) recent policy interpretation on the fluorination of high-density polyethylene (HDPE) containers. [‌I]n some respects, there has been little surprise at the agency’s view that the generation of certain PFASs during the fluorination of polyolefins – including polyethylene – is an activity covered under the 2020 long-chain perfluoroalkyl carboxylate (LCPFAC) TSCA significant new use rule (Snur). The ... read more >
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