All Things Chemical

This week, I had the pleasure of speaking with my new colleague, Richard J. Fehir, Ph.D., Senior Chemist/Regulatory Scientist, at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss his career at the U.S. Environmental Protection Agency (EPA) and how he is now deploying his considerable scientific chops at B&C and Acta. Rick is a bit unusual, as he has worked for both EPA's Office of Pollution Prevention and Toxics (OPPT) and Office of Pesticide Programs (OPP), which is a very opportune combination for our clients! ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Ryan N. Schmit, Of Counsel with B&C and Senior Regulatory Consultant with Acta, about the ever-tricky topic of confidential business information (CBI) -- what is it, how to protect it, and steps to take to avoid losing it. As listeners may know, the protection afforded certain information claimed CBI begins to sunset today, June 22, 2026, because of changes to the Toxic Substances Control Act (TSCA) signed into law ten years ago today with enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Certain claims need to be substantiated to continue being shielded from public disclosure. Our discussion today focuses on this change in the law, how the U.S. Environmental Protection Agency (EPA) has operationalized the substantiation process, and what TSCA stakeholders need to know to preserve their CBI claims if they wish to extend protection for another ten years. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I was pleased to welcome back to the studio Dana S. Lateulere, Regulatory Consultant with B&C and its consulting affiliate, The Acta Group (Acta®), and James V. Aidala, Senior Government Affairs Consultant at B&C and Vice President, Policy and Government Affairs, at Acta, to discuss the U.S. Environmental Protection Agency's (EPA) significant role in combating pathogens like those spreading the highly virulent Ebola virus and Hantavirus. Both Dana and Jim have extensive expertise in how EPA deploys its authority under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to protect the public's health from these and other deadly pathogens. We discuss how EPA reviews, approves, and regulates products to combat these pathogens, how EPA has modernized its process to meet the demands of the moment, and why the public health products EPA regulates under FIFRA are more essential now than ever. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with my colleague, Carla N. Hutton, Senior Regulatory Analyst for B&C, to discuss emerging state per- and polyfluoroalkyl (PFAS) restrictions. As many listeners appreciate, dozens of states are considering, and others have enacted, state restrictions on a wide variety of products with the goal of eventually prohibiting the sale of products that contain intentionally added PFAS. Several states have implemented regulatory provisions that require, or will require, reporting the presence of PFAS intentionally added to products, label certain products as to the presence of PFAS in the product as soon as January 2027, and/or prohibit the sale or offering for sale of products containing PFAS by 2032. Monitoring, understanding, and explaining the complex diversity of these state PFAS restrictions is Hutton's superpower. Her encyclopedic knowledge of these restrictions and understanding of subtle but important distinctions among them is impressive. We discuss the most urgent and controversial programs in Minnesota and New Mexico with a view to assist listeners with understanding the key areas of controversy and how best to prepare for some fast-approaching deadlines. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with Dr. Ahna G. Brutlag, Vice President of Veterinary Services and Senior Veterinary Toxicologist at SafetyCall International, LLC and Pet Poison Helpline®. Impressively, Dr. Brutlag is a Diplomate of the American Board of Veterinary Toxicology (ABVT) as well as a Diplomate of the human counterpart, the American Board of Toxicology (ABT), a distinction shared by fewer than 80 people in North America. Dr. Brutlag is at the forefront of adverse effects monitoring and post-market surveillance and has navigated this complex regulatory landscape for over two decades. We discuss the fascinating intersection of chemicals and pet and animal safety. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with Molly R. Blessing, Vice President of Sustainability & Product Stewardship for the Household & Commercial Products Association (HCPA). We discuss a few of the fascinating and vexing challenges industry faces today in the complex world of product stewardship. We address the growing pains of conflicting state extended producer responsibility (EPR) laws, the challenges in California of labeling a product as recyclable, and making the case for a robust corporate product stewardship program. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

I was delighted this week to visit again with Alexandra Dunn, President and Chief Executive Officer of CropLife America (CLA), and my colleague Jim Aidala, to discuss some of the issues facing the crop protection industry. Alex's amazing career has prepared her well for her demanding job. After graduating from law school and a brief stint in private practice, Alex served as general counsel for the National Association of Clean Water Agencies, then went on to become the Executive Director and General Counsel of the Association of Clean Water Administrators before serving as Executive Director and General Counsel of the Environmental Council of the States. In 2018, Alex served as the U.S. Environmental Protection Agency (EPA) Region 1 (New England) Administrator and was, in 2019, appointed Assistant Administrator of EPA's Office of Chemical Safety and Pollution Prevention (OCSPP), where she served until 2021. Alex returned to private practice here in Washington, D.C. before becoming President and CEO of CropLife America in 2024. Last year, Alex was appointed by the U.S. Department of Agriculture (USDA) to serve on the Agricultural Policy Advisory Committee for Trade. As if this were not enough, Alex has served as Chair of the American Bar Association (ABA) Section of Environment Energy and Resources, as Dean of Environmental Law Programs at the Elisabeth Haub School of Law at Pace University, has served on the Board of Directors of the Environmental Law Institute (ELI), and is current President of the American College of Environmental Lawyers (ACOEL). Jim is Senior Government Consultant at B&C and, like Alex, a past Assistant Administrator of the EPA Toxics Office, known now as OSCPP. Alex, Jim, and I discuss agriculture and trade policy, how CLA has been addressing "Make America Healthy Again" (MAHA issues), crop protection and agricultural chemical communication issues, some pesticide registration challenges, preemption, and even some Endangered Species Act (ESA) issues. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with my colleagues, Catherina D. Narigon and L. Claire Hansen, both Associates with B&C and Regulatory Consultants with The Acta Group (Acta®), B&C's consulting affiliate, about the complex world of end-of-life product management. We discuss extended producer responsibility (EPR), recyclability labeling requirements, and plastics and microplastics regulation and liability concerns. End-of-life product management is increasingly regulated by a growing number of states, often pursuing unique management approaches that can inspire significant commercial cost and disruption. We dive into these topics and explain what they are and why our listeners may wish to monitor these initiatives as they are complex, growing in number, and consequential. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Lindsay A. Holden, Ph.D., DABT, Senior Toxicologist/Regulatory Scientist for B&C and The Acta Group (Acta®), our consulting affiliate. We discuss the relentless pace of state per- and polyfluoroalkyl substances (PFAS) regulations. For those expecting a slowdown, think again. Perhaps in response to perceived inaction at the federal level, over half the states are engaged in PFAS notification and restriction regulations. This is unsurprising. Perhaps what is surprising is how different state restrictions are and how difficult it is to prepare for and understand how to comply with each. We seek to lessen the confusion by discussing the state of PFAS restrictions, focusing on key state differences, and offering a few tips on staying ahead of the PFAS curve. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®) and Claire Hansen, an Associate with B&C and Regulatory Analyst with Acta, to discuss the ever-changing influence of foreign policy on the chemical industry. As we all know, there is a lot going on in the world and much of it may seem somewhat tangential to the chemical industry. On closer inspection, Claire and Jim's January 27, 2026, blog notes otherwise, and lays out the reasons why international events, trade-related matters, and multilateral institutions have a significant impact on domestic chemical regulation. During our podcast we discuss why chemical companies are paying close attention to foreign policy, trade policy, and related international issues, the pending Supreme Court case on the President's authority to impose tariffs, the unpredictability of the financial markets, and a wide range of other topics which I think you will find interesting. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Ryan N. Schmit, Of Counsel with B&C and Senior Regulatory Consultant with Acta, about the recent release of the House Energy and Commerce Subcommittee on Environment's Discussion Draft of suggested amendments to the Toxic Substances Control Act (TSCA). The document has inspired spirited debate over the questions should TSCA be amended and if so, how? The Subcommittee also convened a hearing on January 22 seeking stakeholder comment on the Discussion Draft and other topics relating to the Frank R. Lautenberg Chemical Safety for the 21st Century Act's (Lautenberg) implementation. As listeners know, Rich Engler has long been an advocate for change in the U.S. Environmental Protection Agency's (EPA) interpretation of Section 5 new chemical provisions. Rich discusses the Subcommittee's attempt to fix these problems. Joining Rich is Ryan Schmit, Of Counsel and former EPA TSCA attorney who was detailed to the House of Representatives when Lautenberg was under consideration. Both guests offer unique insights into the broader topic of TSCA reform. We discuss the Discussion Draft, the wisdom of TSCA reform, stakeholder response, and what the future may hold for this important topic. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss his take on what to expect from the U.S. Environmental Protection Agency (EPA) and Congress on pesticide matters in the new year. As an astute student of politics and a keen observer of EPA chemical policies and personalities, hearing Jim's observations is always informative. As many of you know, Jim is a former Assistant Administrator of what is now the Office of Chemical Safety and Pollution Prevention, and lifelong student of chemical governance, particularly pesticides. We discuss EPA administrative issues, the legislative forecast, the Make America Healthy Again (MAHA) initiative, and other topics of interest to our listeners. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Dr. Rachel Harris, Technical Project Manager, Chain Reaction Innovations (CRI), Argonne National Laboratory, and our own Dr. Richard Engler, to discuss Argonne National Laboratory's Chain Reaction Innovations entrepreneurship. We here at B&C truly appreciate the value and importance of chemical innovation, so when we learned of Argonne National Laboratory's Chain Reaction Innovations program (CRI program), we wanted to share information about it with our listeners. Rachel Harris is a Technical Project Manager and speaks with Rich Engler and me about the CRI program, more about Argonne National Laboratory, the technologies CRI supports, and how interested entrepreneurs can learn more about becoming part of the next CRI cohort. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2026 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Dr. Adelina Voutchkova, Director of Sustainable Development at the American Chemical Society (ACS), and my colleague Dr. Richard Engler, B&C's Director of Chemistry, to discuss ACS' much-coveted Green Chemistry Challenge Awards and ACS' Green Chemistry Institute (GCI). Institutionally, GCI has grown as the imperative for greener and more sustainable chemicals has increased. So also have the stature of the Green Chemistry Challenge Awards and the opportunities to compete for them. We discuss GCI's mission and some new opportunities for competing for the Green Chemistry Challenge Awards. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Ryan N. Schmit, Of Counsel with B&C, and Senior Regulatory Consultant with The Acta Group (Acta®). Ryan joined us a few weeks ago and we wanted to show off our newest Toxic Substances Control Act (TSCA) superstar. We discuss Ryan's illustrious career with the U.S. Environmental Protection Agency (EPA) over the past 15 years. As you will hear, Ryan has been at the forefront of TSCA policy development, Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) legislative developments and Agency implementation, new chemical determinations under TSCA, and the Office of Chemical Safety and Pollution Prevention's (OCSPP) evolving approach to per- and polyfluoroalkyl substances (PFAS) strategy, among many other responsibilities. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Greg Gartland, Chief Executive Officer of 3E. We discuss 3E's business offerings, how it defines its place in the very competitive world of chemical information management, the role artificial intelligence has in this space, and trends Greg sees driving growth in chemicals, product stewardship, and sustainability. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

A few months ago, I recorded a podcast with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, on the ever-expanding and complicated scope of per- and polyfluoroalkyl substances (PFAS) regulation in the United States. We convened a webinar on this topic in mid-May that attracted a record-breaking 1000+ registrants, suggesting to us that PFAS continues to be a topic of enormous interest. As this topic is every bit as important and relevant today as it was in May, we are rebroadcasting our podcast. In our discussion, Carla, Rich, and I address the federal Toxic Substances Control Act (TSCA) reporting obligation and the diverse constellation of state-specific reporting and product restrictions that are mushrooming around the country. Keeping up with these very diverse restrictions is important and challenging to track and with which to comply. Our hope is our discussion will focus our listeners on this important, sprawling topic and offer some tips to help manage it. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with my colleague, L. Claire Hansen, a Legal Intern here at B&C and Regulatory Analyst for The Acta Group (Acta®), B&C's consulting affiliate, to discuss the European Union Deforestation Regulation (EUDR). With its fast-approaching December 31, 2025, effective date, U.S. product exporters to the European Market whose goods contain seven commodities -- cocoa, coffee, cattle, palm oil, soy, wood, and rubber, and those products made from them listed in Annex 1 -- need to be keenly aware of this regulation and prepare to comply with it. I discuss with Claire the basic requirements of the regulation, who is in scope, the costs of non-compliance, and how best to prepare for the effective date. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Nine Years Later. The conference was hugely successful and almost 1,000 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. Our topic in this podcast is the Toxic Substances Control Act's (TSCA) Plastics Production, Use, and Recycling: Key TSCA Considerations. The includes an overview of the plastic waste crises, the U.S. Environmental Protection Agency's (EPA) regulation of plastic chemicals under TSCA, EPA's approach to the regulation of plastic waste as a chemical feedstock, and much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Nine Years Later. The conference was hugely successful and almost 1,000 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. Our topic in this podcast is the U.S. Environmental Protection Agency's (EPA) new chemicals review process under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). As many listeners know, the Toxic Substances Control Act (TSCA) New Chemicals Program was significantly revised by the 2016 TSCA amendments, and what the law requires has been vigorously debated and remains unclear. This spirited panel discussion addresses the Office of Pollution Prevention and Toxics' (OPPT) new approaches to assess chemical risks to accelerate the process, Section 5(e) orders, recent trends with EPA's review of new chemical substances, and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform -- Nine Years Later. The conference was hugely successful and almost 1,000 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions to enable our podcast audience to listen to the sessions in this venue. The topic of this podcast is the panel discussion on the U.S. Environmental Protection Agency's (EPA) risk evaluation process under the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). The panel discussed various aspects of EPA's risk evaluation of chemical substances under Toxic Substances Control Act (TSCA) Section 6. The panel experts touch upon crucially important issues, including EPA's reconsideration of the risk framework rule and the legal challenge to it, EPA's pivot away from the whole chemical approach, the incorporation of cumulative risk assessment (CRA) approaches, and much, much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

On June 25, 2025, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored an all-day virtual conference, TSCA Reform -- Nine Years Later. The conference was hugely successful and almost 1,000 people registered for it. The quality of the discussion, the caliber of the participants, and the timeliness of the content inspired us to re-broadcast the discussion to our podcast audience. This panel discusses the U.S. Environmental Protection Agency's (EPA) authority under Toxic Substances Control Act (TSCA) Section 6 to manage chemical risks that EPA has determined to be unreasonable and the risk management options EPA considers to manage those risks. Panelists address how EPA manages workplace risks, enforcement mechanisms for risk management restrictions, whether EPA's risk management rulemakings are over or under addressing risks deemed unreasonable, and the legal challenges underway for all five risk management rules. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with Lisa R. Burchi, Of Counsel to Bergeson & Campbell, P.C. and resident expert on Proposition 65, among many other chemical laws. Lisa explains why businesses doing business in California need to know about the latest version of the so-called "short form" warning requirements that will be fully phased in by 2028. That may sound like a long way off, but it is not. We also discuss the complicated history of the short form label changes, some of the business considerations pertinent to the selection of the short form label of which stakeholders should be aware, and we cover the significant consequences of non-compliance with the warning requirements. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I discuss with my colleague, Kelly N. Garson, a Senior Associate here at B&C and Regulatory Consultant for The Acta Group (Acta®), B&C's consulting affiliate, the implications of the demise of Chevron deference, especially as it relates to Toxic Substances Control Act (TSCA) litigation. We discuss what Chevron deference is, other types of deference that are still very much a part of judicial review, and how Chevron's elimination could impact the implementation of the 2016 amendments to TSCA given the many issues in dispute now pending before many federal circuit courts. Resources: Lynn L. Bergeson, Kelly N. Garson, "Loper Bright and TSCA: Will the demise of Chevron matter?," Chemical Watch, July 22, 2024. Environmental Defense Fund v. U.S. Environmental Protection Agency, No. 23-1166 (D.C. Cir. Dec. 20, 2024). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I was pleased to welcome back to the studio Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the first six months of the Trump Administration. We have all been trying to take in and process the many Executive Orders, Presidential Directives, and other developments of all sorts coming out of the White House at a head-spinning pace, and assess their  impacts on the industrial and agricultural chemical community and federal workforce. Jim is a keen observer of Presidential and executive level administrative action, having served as the Assistant Administrator of Toxics at The U.S. Environmental Protection Agency (EPA) and in other senior EPA leadership positions. We discuss Presidential actions, their impact on the EPA workforce, EPA actions to date, and a bit about the Make America Healthy Again (MAHA) Report's "Make Our Children Healthy Again" Assessment and its impact on the pesticide community. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I discuss with Patricia Underwood, Ph.D., DABT, MBA, Chief Toxicologist, Principal Director – Chemical and Material Risk Management, Office of the Assistant Secretary of Defense, Department of Defense, and my colleague, Richard E. Engler, Ph.D., Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the U.S. Department of Defense's (DOD) recent Request for Information (RFI) on chemicals undergoing U.S. Environmental Protection Agency (EPA) review as part of the Toxic Substances Control Act (TSCA) Section 6 risk evaluation process. DOD has a significant need for certain chemicals but admittedly has no tracking system for upstream applications of chemicals to understand the implications of EPA's identification of high priority substances and risk evaluation of them under TSCA Section 6. Dr. Underwood and Dr. Engler discuss the recent RFI issued by DOD to provide this line of sight and they reflect upon the growing importance of supply chain transparency in DOD applications and in the private sector as a whole. Chemical and Material Risk Management Program (CMRMP) Toxic Substances Control Act (TSCA) Market Analysis ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

Hello, this is Lynn Bergeson. As many of our listeners may know, we here at Bergeson & Campbell, P.C. recently published a book through the American Bar Association's Section of Environment, Energy, and Resources, titled Chemical Product Law and Supply: A Guide to New TSCA. Recently, my ABA colleague Amy Edwards, a partner at Holland & Knight LLP, and I recorded a podcast to discuss the book—why we wrote it, and why chemical stakeholders of all kinds—especially business professionals, non-TSCA experts, and those involved in due diligence and commercial transactions—should read it. The podcast was a lot of fun and a great listen. I hope you enjoy the episode and, of course, read our book. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I discuss with my colleagues, Carla N. Hutton, Senior Regulatory Analyst for B&C, and Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, the ever-expanding and complicated scope of per- and polyfluoroalkyl substances (PFAS) regulation in the United States. We convened a webinar on this topic in mid-May and attracted a record-breaking 1000+ registrants, suggesting to us that PFAS continues to be a topic of enormous interest. In our discussion, Carla, Rich, and I address the federal Toxic Substances Control Act (TSCA) reporting obligation and the diverse constellation of state-specific reporting and product restrictions that are mushrooming around the country. Keeping up with these restrictions is important and increasingly diverse and thus challenging to track and with which to comply. Our hope is our discussion will focus our listeners on this important, sprawling topic and offer some tips to help manage it. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Karyn Schmidt, now a principal at Squire Patton Boggs in its Public Policy practice, after spending 25 years at the American Chemistry Council (ACC). For the many members in the chemical community who know Karyn, her deep understanding of chemical law and policy will serve the firm's clients well. We discuss Karyn's transition to private practice, her work at ACC, and Karyn's thoughts on what is in store for chemical stakeholders now and the foreseeable future. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Melissa Owen, attorney/owner of Ambiente Legal, about the significant regulatory developments regarding chemical registration in Latin America, including Latin American Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) initiatives and the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). We discuss Brazil REACH, which requires by law the government to have an implementing regulation issued by May 2025, Colombia REACH, also subject to a fast-approaching May 2025 deadline, and other Latin American REACH and GHS deadlines. We also discuss the August 2025 deadline in Chile for the notification of chemicals included in professional and consumer products, and much more regarding developments in countries south of our border. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Lioba Oerter, Director of Expert Services, 3E Expert Service Processing Centre (ESPC), and Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group, about the significant changes to product classification, labeling, and packaging (CLP) in the European Union (EU). Lioba and I shared a podium recently and found we also have a shared belief that these forthcoming CLP changes will have a profound commercial impact on product classification, labeling, and packaging globally and that with everything going on in the world these days, this impact may be a bit underappreciated. Karin and I spoke about these matters last year, and I welcomed an opportunity to consider them again with Karin and Lioba in light of the new CLP developments as of December 2024. Karin, Lioba, and I discuss the CLP changes, including those recently made, why they came to be, what they mean for commercial operations, and conclude with some tips on staying ahead of this coming storm. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I discuss with my colleagues, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, and Kelly N. Garson, Senior Associate for B&C and Acta, our recently released book, titled Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA, published by the American Bar Association. As listeners know, as a law firm and consulting firm, we do a lot of work under the Toxic Substances Control Act (TSCA) and have gained a significant amount of hands-on practical knowledge about the law, the 2016 Lautenberg Chemical Safety for the 21st Century Act amendments to it, and the transformative impact these amendments have had on business transactions. We set out a year or so ago to write a book that explains TSCA through a business transactions lens. Of course, we explain the law, but we really write as business counselors to enable the regulated community -- importers, chemical producers, finished product manufacturers, distributors, and chemical users -- to be TSCA aware. The law has become, whether you like it or not, an important factor in virtually every business decision. My conversation today with Kelly and Rich focuses on several of their chapters in the book, and they explain how they approached writing a book about a law from the perspective of the business community. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I discuss Toxic Substances Control Act (TSCA) developments with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate. The U.S. Environmental Protection Agency's (EPA) implementation of the 2016 Frank R. Lautenberg Chemical Safety for the 21st Century Act amendments has been a dynamic, evolving, and unpredictable work in progress for almost nine years. Given the new Administration, we are at a most uncertain time because of the lack of clarity regarding what the new leaders at the Office of Chemical Safety and Pollution Prevention (OCSPP) will do to address new chemical review concerns, risk evaluation under TSCA Section 6, and risk management actions resulting from those evaluations. As listeners know, all final risk management rules are being challenged and the disposition of those cases is the subject of considerable speculation. So also is OCSPP's consideration of not yet final risk evaluations and how the new Administration intends to interpret TSCA Section 6 in general. There are growing calls for legislative action to remedy some of Lautenberg's deficits, particularly in the area of new chemicals, another important variable that is destabilizing the status quo. Rich and I discuss these topics and many others. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group (Acta®), to discuss the early days of the new Administration, what changes we can expect at the U.S. Environmental Protection Agency (EPA) generally, and key issues the Office of Pesticide Programs (OPP) can be expected to tackle. Jim's unique perspective as a former Assistant Administrator of what is now called the Office of Chemical Safety and Pollution Prevention (OCSPP) and keen understanding of the pesticide world always make for a wonderful and insightful conversation. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

This week I discuss with my colleague, Mark Washko, Senior Government Affairs Advisor for B&C and The Acta Group, our consulting affiliate, the new 119th Congress and what might be key legislative actions our listeners should look for. The new Congress reflects many new members, new staffs, and a new Republican majority in both chambers. What can we expect? Will Congressional Review Act measures un-do key Biden initiatives? What might we expect in terms of a budget reconciliation package? These issues and a whole lot more are the subject of my conversation with Mark. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2025 Bergeson & Campbell, P.C.  All Rights Reserved

Recognizing it has much to do and little time to complete its tasks, the Office of Pollution Prevention and Toxics (OPPT) has been issuing final rules at a fast and furious rate since the election last month. This week, I discuss OPPT's to-do list with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate. In addition to multiple final Section 6 risk management rules, the U.S. Environmental Protection Agency (EPA) has also issued final revisions to its new chemicals review process and a Section 8(d) rule. We conclude with Rich's thoughts on OPPT in 2025. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with our two government affairs experts, Jim Aidala and Mark Washko, to get their take on the very eventful past two weeks and seek their thoughts on what 2025 might look like legislatively and at the U.S. Environmental Protection Agency (EPA) administratively. With the Republican trifecta and some surprising Cabinet and EPA-designate picks, we have much to discuss. We cover the election results, the transition period between now and Inauguration Day, and then speculate on the remainder of 2025, a year that promises to be like no other. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I welcomed to the studio Lara Hall, Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group (Acta®), to discuss a few of the many critical issues associated with chemical testing. Chemical testing is undertaken for lots of reasons: government mandate; product stewardship; and product defense and support, to name a few. What is under-appreciated is the importance of the standards that apply under Good Laboratory Practices (GLP), the expertise needed to address novel testing approaches that deviate from GLP, how to manage requests from regulators that may not align with GLP requirements, and many other scenarios that require the expertise of highly trained and experienced testing experts. In our conversation, Lara shares with our listeners just a few of her many testing experiences that have made Lara the consummate testing expert that she is. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with U.S. Food and Drug Administration (FDA) Deputy Commissioner for Human Foods, Jim Jones, about all the amazing initiatives Jim is overseeing as the first FDA Deputy Commissioner for Human Foods. Many of us in the chemical community know Jim and his extraordinary career at the U.S. Environmental Protection Agency (EPA) leading both the EPA pesticides and toxics program offices, culminating his EPA career as Assistant Administrator for Toxics in the Obama Administration. Jim's keen understanding of the administrative, chemical prioritization, risk evaluation, and risk management processes makes him uniquely well suited to lead the Human Foods office at FDA and implement successfully the new Human Foods organizational structure and achieve the office's ambitious goals. We discuss the Human Foods' priorities and new organizational structure, the recently released proposed systematic post-market review process on which FDA seeks comments, how Jim intends to tackle the many challenges FDA faces with regard to food chemicals, contaminants, and food additives, and much more. Evaluating FDA Human Foods and Tobacco Programs, Before the Subcommittee on Health Committee on Energy and Commerce, 118th Cong. (2024) (statement of Jim Jones, Deputy Commissioner for Human Foods - Food and Drug Administration). FDA, Discussion Paper: Development of an Enhanced Systematic Process for the FDA's Post-Market Assessment of Chemicals in Food, (Aug. 2024). FDA, Development of an Enhanced Systematic Process for the Food and Drug Administration's Post-Market Assessment of Chemicals in Food; Public Meeting; Request for Comments," 89 Fed. Reg. 65633, (Aug. 12, 2024). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Linda Reinstein, President and Cofounder of the Asbestos Disease Awareness Organization (ADAO), about her many years of asbestos disease awareness advocacy. Having lost her husband, Alan, to mesothelioma two decades ago, Linda set out to educate others about the diseases associated with asbestos exposure. Her story is one of grit, perseverance, and devotion. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Lynn L. Bergeson moderated Panel 4: Shaping the Agenda: Section 21 Citizens' Petitions and Other Mechanisms Influencing Priority Setting. The panelists included Ryan J. Carra, Ph.D., Principal, Beveridge & Diamond, P.C.; Michael Connett, Partner, Siri & Glimstad LLP; Thomas Groeneveld, Senior Advisor, Existing Chemicals Risk Management Division, EPA; and Robert M. Sussman, Principal, Sussman & Associates. Citizens' petitions under TSCA Section 21 are increasingly playing a prominent and evolving role in influencing EPA's policy and regulatory priorities. Other mechanisms are also being used to revisit EPA's priorities. The panel discussed the utility of these mechanisms, how they are impacting EPA's regulatory agenda, and other opportunities for citizen engagement. The panel commented on the implications of EPA's decision to grant a TSCA Section 21 petition to address only a single condition of use (COU) of the chemical N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD). More information on the petition to address 6PPD in tires is available in our November 3, 2023, blog item. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Samantha Liskow, Lead Counsel, Health Program, EDF, moderated Panel 3: New Chemical Review. The panelists included Shari Barash, Director, NCD, OPPT, EPA; Kyla Bennett, Ph.D., Director, Public Employees for Environmental Responsibility (PEER); Kerry Coy, Product Regulation Specialist, BASF Corporation; Richard E. Engler, Ph.D., Director of Chemistry, B&C; and Daniel Rosenberg, Senior Attorney, Environmental Health, Natural Resources Defense Council (NRDC). The panelists discussed the latest updates to EPA's new chemical review process, whether challenges are being addressed and how, whether review times are being diminished, scientific integrity, and best available science. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Maria J. Doa, Ph.D., Senior Director, Chemicals Policy, Environmental Defense Fund (EDF), moderated Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play. The panelists included David B. Fischer, Counsel, Keller and Heckman LLP; Jeffery T. Morris, Ph.D., Director, Existing Chemicals Risk Assessment Division, Office of Pollution Prevention and Toxics (OPPT), EPA; Katherine O'Brien, Senior Attorney, Toxic Exposure and Health Program, Earthjustice; Judah Prero, Counsel, Arnold & Porter; and Tracey Woodruff, Ph.D., Professor and Director, University of California, San Francisco, Program on Reproductive Health and the Environment. The panel considered EPA's revised chemical prioritization and risk evaluation processes; the role and extent of peer review; and the utility and timing of Section 4 test rules. More information on EPA's final 2024 rule amending the risk evaluation framework rule is available in our May 14, 2024, memorandum. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

On June 26, 2024, B&C, along with the Environmental Law Institute and the George Washington University Milken Institute of Public Health, sponsored the all-day virtual conference, TSCA Reform — Eight Years Later. The quality of the discussion, the caliber of the participants, and the timeliness of the content motivated us to repurpose the substantive sessions. B&C and ELI are pleased to co-sponsor this episode of All Things Chemical® to enable our podcast audience to listen to these sessions. Karyn M. Schmidt, Senior Director, Regulatory & Scientific Affairs, American Chemistry Council, moderated Panel 1: Risk Management. The panelists included MaryAnn Hoff, Global Director Advocacy, EHS & Product Stewardship, PPG; Jonathan Kalmuss-Katz, Supervising Senior Attorney, Earthjustice; Eileen Murphy, Ph.D., Director, Existing Chemicals Risk Management Division, EPA; and Meredith Williams, Director, California Department of Toxic Substances Control. The panel discussed how EPA defines the "extent necessary" to control unreasonable risks and under what circumstances EPA will not seek to ban a chemical use, as well as EPA's final asbestos, methylene chloride, and proposed N-methylpyrrolidone (NMP) risk management rules. More information on the risk management rules is available in our March 28, 2024, memorandum (asbestos), May 17, 2024, memorandum (methylene chloride), and June 21, 2024, memorandum (NMP). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Michael Connett, Partner with Siri & Glimstad, LLP to discuss his epic litigation representing Food & Water Watch, a non-profit consumer organization that sued EPA over the fluoridation of drinking water. This issue has a long and complicated administrative and litigation history, and Michael and his firm are actively engaged in a groundbreaking federal litigation based on a judicial appeal of a denied Toxic Substances Control Act (TSCA) Section 21 citizen petition. Michael concluded a bench trial earlier this year in federal district court in the Northern District of California. The case is fascinating and much watched. We discuss the case, why TSCA citizen petitions in general are filed, Michael's thoughts on how to prepare petitions to maximize their success (as most are denied), and other means of citizen engagement under TSCA. Resources: TSCA Section 21 Petition Trends Pre- and Post-Lautenberg TSCA Reform – Eight Years Later ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with W. Scott Thurlow with Thurlow Law & Public Affairs, headquartered Ottawa, Ontario, about Canada's most recent updated draft report on the state of per- and polyfluoroalkyl substances (PFAS). The updated draft report defines PFAS to exclude fluoropolymers, an issue in which Scott and his firm are deeply engaged. We discuss the draft report, Canada's approach to the regulation of PFAS, and Scott's practice as a Canadian lawyer and public affairs specialist. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I welcomed to the studio Lara Hall, Senior Regulatory Scientist/Quality Assurance Specialist at B&C and our consulting affiliate, The Acta Group, to discuss the critical importance of understanding the role of the study sponsor. As our listeners know, chemical data -- testing results, chemical studies, exposure information, environmental fate and monitoring data, to name a few -- are the new currency in the chemical community. These data are incredibly valuable, often proprietary, and increasingly used both to support chemical applications and to rebut allegations of adverse consequences resulting from chemical exposure. How these data are developed, who serves as study sponsor, how the sponsor interacts with the study monitor, laboratory, and others are significant issues and subject to Good Laboratory Practice (GLP) standards. Lara and I discuss GLP and the rights, duties, and obligations of all the actors involved in chemical testing and offer some tips and insights in managing this increasingly complicated space. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I welcomed back to the studio Karin F. Baron, Director of Hazard Communication and International Registration Strategy at B&C and our consulting affiliate, The Acta Group. And none too soon. Just when you were giving up hope in tackling the monster final Hazard Communication Standard rule issued on May 20, you realized Karin and I are devoting an entire podcast to the final rule! As many of you know, Karin is second to none when it comes to hazard communication, GHS, and related domestic and international hazard standards and communicating hazards to global stakeholders. There is no one better suited to discuss the final rule, what in the rule makes us happy, what remains a concern, and how best to read and digest the more than 300 pages of new hazard communication provisions. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I had the pleasure of speaking with Elissa Reaves, Ph.D., Director, Office of Pollution Prevention and Toxics (OPPT) at the U.S. Environmental Protection Agency (EPA), to discuss Dr. Reaves' recent ascent to this position, her approach to office management, her priorities and goals for OPPT, and some interesting comparisons and contrasts with Dr. Reaves' former stomping ground, EPA's Office of Pesticide Programs (OPP). ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had the pleasure of speaking with Joel A. Tickner, Ph.D., Professor, Department of Public Health, University of Massachusetts Lowell, and Executive Director of Change Chemistry, to discuss green chemistry and Joel's important work at Change Chemistry. We all appreciate that chemicals are essential to society. Green chemistry is all about engineering chemicals to diminish their adverse impacts and ensure chemicals, materials, and products are safe, efficacious, and sustainable. We discuss Joel's pioneering work in this field, his leadership of Change Chemistry, implementation of the Sustainable Chemistry Research and Development (R&D) Act of 2019, and EPA's implementation of amendments to the Toxic Substances Control Act (TSCA) addressing new chemical review, and much more. ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2024 Bergeson & Campbell, P.C.  All Rights Reserved