Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) announced on March 11, 2025, the rescheduled meeting dates of the Science Advisory Committee on Chemicals (SACC) that had been previously scheduled for February 2025 to consider and review the draft risk evaluation for 1,3-butadiene. 90 Fed. Reg. 11737. The rescheduled preparatory meeting for the SACC to consider the scope and clarity of the revised draft charge questions for the peer review will now be held on March 25, 2025, and the rescheduled peer review meeting for the SACC to consider the draft documents and public comments will now be held on April 1 – 4, 2025. https://lnkd.in/efwzbM7u

Lynn L. Bergeson and Richard E. Engler, Ph.D. discuss 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. https://lnkd.in/ej2sJKFG

The U.S. Environmental Protection Agency (EPA) announced on March 7, 2025, that it is extending the comment period on the draft risk evaluation for dicyclohexyl phthalate (DCHP) under the Toxic Substances Control Act (TSCA). EPA released the risk evaluation for DCHP on January 7, 2025, with a comment period that closed March 10, 2025. EPA states that it will soon publish a Federal Register notice extending the public comment period for an additional 60 days. Upon publication of the Federal Register notice, EPA will accept public comments until May 9, 2025. https://lnkd.in/eripkFmw

On January 16, 2025, Senators Jerry Moran (R-KS), Chuck Grassley (R-IA), Tammy Duckworth (D-IL), Pete Ricketts (R-NE), Amy Klobuchar (D-MN), and Joni Ernst (R-IA) reintroduced the Farm to Fly Act (S. 144), which would help accelerate the production and development of sustainable aviation fuel (SAF) through existing U.S. Department of Agriculture (USDA) programs to allow further growth for alternative fuels to be used in the aviation sector and create new markets for American farmers.  https://lnkd.in/ecbFQ8Fg

Headlines this weekend refer to “renewed chaos” over e-mails sent to federal employees at most (some? all?) agencies of the government — asking employees to list their five accomplishments for the week. In our February 24, 2025, blog item, we explored how employees might answer such vague requests in the absence of more guidance about who is asking and what is to be reported. https://lnkd.in/ed9x-qGD

Lynn L. Bergeson, Elizabeth Knauer, Anna Willett, and Pamela R. Esterman participated in lively discussion at ALI CLE’s Environmental Law 2025’s PFAS panel. This annual national CLE program, co-sponsored with ELI, helps lawyers understand the key current environmental law issues that their clients need them to know.

March 14, 2025, looms as an important deadline in the middle of President Trump’s first 100 days in office, a milestone often used to evaluate the effectiveness of a new President. March 14 is the day that the American Relief Act, 2025 (Public Law 118-158), which provides temporary funding for the federal government, expires. The law was enacted during the 118th Congress and signed into law by President Biden. At the time, some questioned whether having government funding expire during President Trump’s first 100 days in office was a good idea. Now, Republicans, who control the White House, Senate, and House of Representatives, need to pass legislation to avoid a government shutdown on March 15, and may need Democratic support to do so. The question is, at what cost? https://lnkd.in/duDvFkRU

On February 21, 2025, the U.S. Environmental Protection Agency (EPA) extended the comment deadline for the January 17, 2025, proposed rule to clarify the timeframe for when companies must first notify a customer that one of its mixtures or trade name products contains a per- or polyfluoroalkyl substance (PFAS) listed on the Toxics Release Inventory (TRI). https://lnkd.in/dwxVQi78

New Book! Chemical Product Law and Supply Chain Stewardship: A Guide to New TSCA Edited by Lynn L. Bergeson This book provides a road map to navigate efficiently the transformational changes in chemical product law, identifies the practical business and product stewardship implications of the new normal in product regulation, and explains the urgent need for supply chain awareness. Pre-order your copy here: https://ow.ly/Cgbw50V1JhU

Lynn L. Bergeson will present “The PFAS Playbook: Strategies to Minimize Regulatory and Commercial Risk” as an ALI CLE webcast. During this comprehensive course, Ms. Bergeson will present actionable strategies to anticipate, manage, and mitigate risks tied to PFAS, including regulatory compliance, liability exposure, and reputational concerns. https://lnkd.in/eemqPdae