January 9, 2021

Forecast for U.S. Federal and International Chemical Regulatory Policy 2021

Click here for a PDF brochure of the memorandum. Bergeson & Campbell, P.C. (B&C®) and its 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 2021. In this document, rich with detail and helpful content, the legal, scientific, and regulatory professionals of B&C, Acta, and BCCM distill key trends in U.S. and global chemical law and policy, and provide our best...
January 4, 2021

EPA Publishes Final Risk Evaluation for Asbestos, Part 1:  Chrysotile Asbestos

The U.S. Environmental Protection Agency (EPA) released on December 30, 2020, the final risk evaluation for asbestos, part 1: chrysotile asbestos. Of the six use categories evaluated (chlor-alkali diaphragms, sheet gaskets, other gaskets, oilfield brake blocks, aftermarket automotive brakes/linings, and other vehicle friction products), EPA states that it found that there is unreasonable risk to workers, occupational non-users (ONU), consumers, and/or bystanders within each of the six...
January 1, 2021

Lynn L. Bergeson and Lara A. Hall, “M&A activity in the analytical services sector: points to consider,” Financier Worldwide, January 2021.

There has been remarkable consolidation in the analytical services sector in the US and elsewhere globally over the past few years. Make no mistake; the need for analytical and related testing services is growing significantly. Because of the legal and regulatory frameworks that demand such services, however, there is considerable need for attendant technical expertise to staff these laboratories, and the need for specialised expertise is also growing exponentially. This article summarises...
January 1, 2021

Global Regulatory Update for January 2021

B&C Publishes 2021 Forecast: 2021 brings a new Administration to Washington, D.C., and Bergeson & Campbell, P.C.’s (B&C®) Forecast of the key chemical law and policy developments we are likely to see in 2021 is available now. The PDF version delivers 83 pages of detailed and helpful content regarding what to expect concerning regulatory programs and regions, including the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide...
December 30, 2020

EPA Intends Proposed Rule to Increase Flexibility and Reduce Burdens under TSCA Fees Program

On December 21, 2020, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would amend the 2018 Toxic Substances Control Act (TSCA) fees rule. According to EPA, the proposed rule “reflects real-world situations, narrows the broad scope of current requirements, significantly reduces the burden on American businesses, and increases the flexibility for surrounding TSCA fees requirements.” Under TSCA, EPA collects fees from chemical manufacturers and...
December 29, 2020

EPA Releases Final Chemical Risk Evaluation for NMP

On December 23, 2020, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for N-methylpyrrolidone (NMP). Of the 37 conditions of use that EPA reviewed, EPA found that 26 present unreasonable risks to workers and consumers. These uses include an unreasonable risk to workers when domestically manufacturing or importing NMP, processing NMP for a variety of uses, and when used in a variety of industrial and commercial conditions of use. These uses also include...
December 23, 2020

EPA Releases Final TSCA Section 6(h) Rules for Five PBT Chemicals

The U.S. Environmental Protection Agency (EPA) released on December 22, 2020, final rules under Section 6(h) of the Toxic Substances Control Act (TSCA) for five persistent, bioaccumulative and toxic (PBT) chemicals — decabromodiphenyl ether (decaBDE); phenol, isopropylated phosphate (3:1) (PIP (3:1)); 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); hexachlorobutadiene (HCBD); and pentachlorothiophenol (PCTP). TSCA required EPA to take expedited action on...
December 23, 2020

Comments by Lynn L. Bergeson and Richard E. Engler, Ph.D., Featured in Bloomberg Environment Article “Fuel-Chemicals Advisory Seen as ‘Unwanted’ EPA Parting Gift”

On December 23, 2020, comments by Lynn L. Bergeson, Managing Partner, Bergeson & Campbell, P.C. (B&C®) and Richard E. Engler, Ph.D., Director of Chemistry, B&C, were featured by Bloomberg Environment regarding a recent U.S. Environmental Protection Agency (EPA) compliance advisory describing how the Toxic Substances Control Act (TSCA) applies to certain petroleum-based chemicals, along with renewable substitutes made from crops, fats, and waste oil. [T]he EPA’s...
December 21, 2020

K-OSHA Amendments Effective January 16, 2021

We write to alert you to an important and imminent deadline. Consideration for confidential business information (CBI) for hazardous substance ingredient disclosure on safety data sheets (SDS) will require formal submission and approval in South Korea starting January 16, 2021. Background On January 15, 2019, the South Korean government announced a major amendment to the South Korean Occupational Safety and Health Act (K-OSHA). The amendment requires that companies provide a copy...
December 17, 2020

Final Risk Evaluation for Perchloroethylene Finds 59 Conditions of Use Pose Unreasonable Risks to Workers, ONUs, Consumers, and Bystanders

On December 14, 2020, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for perchloroethylene. Of the 61 conditions of use that EPA reviewed, EPA found that 59 present unreasonable risks to workers, occupational non-users (ONU), consumers, and bystanders. The conditions of use that EPA determined do not present an unreasonable risk are distribution in commerce and industrial and commercial use in lubricants and greases for penetrating lubricants and cutting...