All Things Chemical

This week I sat down with Karin Baron, Senior Regulatory Consultant to B&C and our affiliated consultancy, The Acta Group, to discuss the Globally Harmonized System of Classification and Labeling of Chemicals (GHS).  Listeners know GHS is the non-mandatory framework intended to aid in identifying, classifying, and communicating information on the hazards of chemicals or substances for occupational, consumer, and environmental exposures.  Despite the “harmonization” part in GHS, there continue to be significant areas of non-harmonization on a global scale that confound stakeholders at all levels.  For professionals working in this space, GHS can be rewarding, immensely confusing, and a bit frustrating.

Karin talks a bit about the new Biden Administration and any foreseeable changes in the Occupational Safety and Health Administration’s (OSHA) implementation of the Hazard Communication Standard (HCS) and the recently proposed rule that will amend the HCS, brings us up to date on the current status of GHS Revision 9, and addresses the status of GHS more globally, especially in Canada, as what is going on with our northern neighbors is always significant for U.S. businesses.

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.

©2021 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with Jim Aidala, Senior Government Affairs Consultant, and Dr. Richard Engler, Director of Chemistry, at B&C and its consulting affiliate, The Acta Group.  As both of these gentlemen previously worked at the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention, Jim as former Assistant Administrator of that office and Rich as a senior chemist and head of the Green Chemistry Division, each has a keen sense of how EPA prepares for and transitions to a new Administration.  After reviewing how a new Administration fills key positions and otherwise prepares to take the reins, we discuss a few topics on everyone’s mind -- what we can expect from a Biden EPA on critical topics like climate change, environmental justice, TSCA implementation, pesticide policy, and more.  EPA policies are always front and center in a new Administration, but with climate issues bearing down, the stakes are even more consequential in this transition.

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.

©2021 Bergeson & Campbell, P.C.  All Rights Reserved

A change in Administration invites a sense of both excitement and anxiety.  Nowhere is this ambivalence more present that in the minds of regulated entities subject to the Toxic Substances Control Act (TSCA).  After four years of the Trump Administration’s implementation of the many TSCA amendments occasioned by Lautenberg, regulated entities and other stakeholders have come to understand the U.S. Environmental Protection Agency’s (EPA) interpretation of revised TSCA.  Not everyone agrees with these views, but they are known.  What is unclear is whether the Biden Administration will continue these interpretations or go back to the drawing board.

This week I sat down with Richard E. Engler, Ph.D., B&C’s Director of Chemistry, to explore exactly this question.  We discuss some of the many uncertainties facing businesses as we approach inauguration day.  Key new terms like “conditions of use” and “reasonably foreseen” have been defined over the past years, and regulated entities have much riding on their known definitions.  Rich walks us through how a new Administration might see things differently and what businesses might expect in the months ahead.  Rich also shares his view on how the Trump EPA is doing in meeting its statutory obligations under TSCA, how the Courts are viewing EPA’s implementation efforts, and what to watch out for in the Biden EPA.

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.

©2021 Bergeson & Campbell, P.C.  All Rights Reserved

This week I had my final visit with the U.S. Environmental Protection Agency’s (EPA) Assistant Administrator Alexandra Dunn.  As many of our listeners know, Alex Dunn heads the Office of Chemical Safety and Pollution Prevention and is responsible for implementing the nation’s industrial and agricultural chemical laws, the Toxic Substances Control Act (TSCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), respectively.  Alex has done a superb job since taking office in early 2019, and her steady hand in managing TSCA implementation and a wide range of hot button pesticide issues has been effective and comforting.

Prior to Alex’s current role, she served as the Regional Administrator for EPA Region 1, and before Region 1, Alex served as the executive director and general counsel for the Environmental Council of the States.

We focused our discussion on a look back at Alex’s many achievements since taking office, including implementation of the amendments to TSCA, which Congress enacted in 2016.  Alex also addressed some of the most controversial pesticides -- glyphosate, dicamba, and chlorpyrifos, among others -- all the while implementing one of the most consequential pieces of environmental legislation ever passed by Congress.

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.

©2021 Bergeson & Campbell, P.C.  All Rights Reserved

This week I sat down with my friend and colleague, Howard Gutman, who served as Ambassador to Belgium in the Obama Administration and is now a consultant for global businesses.  Ambassador Gutman addresses a broad range of timely and important topics, including the 2020 elections and what happened exactly, and what CEOs should be thinking about because of the change in Administration, both for U.S.-based and foreign-based businesses.  Given Ambassador Gutman’s unique view of global business, we also touch upon the European Union’s precautionary principle and regulatory decision-making, European and American views on big tech, and some of the biggest challenges to global growth.

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.

©2021 Bergeson & Campbell, P.C.  All Rights Reserved

This week I was thrilled to sit down with Kate Sellers, Technical Director at ERM, where Kate leads multidisciplinary teams to help clients meet their business goals through product stewardship and sustainability initiatives.  Kate is immediate past President of the Product Stewardship Society and one of the country’s most visionary leaders in the area of product stewardship.  Kate counsels some of the largest companies in the world on optimizing business practices to producer better, safer products in a sustainable and efficient way.  I have known Kate for years, and believe me, when Kate speaks, business leaders listen.

We discuss why now more than ever, businesses need to be sustainable, to shift from a linear to a circular economy, and to understand how to integrate product stewardship principles and practices into their business dealings.  We also discuss the impact of the European Union’s chemical strategy for sustainability on U.S. companies, COVID-19’s influence on supply chain systems, the role of Artificial Intelligence in governance, and other fascinating topics.  After listening to this podcast, you will know why Kate’s practice is thriving and she is in demand as a speaker and presenter.

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.

©2020 Bergeson & Campbell, P.C.  All Rights Reserved

This week I sat down with Dr. Jeff Morris, immediate past Director of EPA’s Office of Pollution Prevention and Toxics (OPPT), the EPA office that regulates industrial chemicals.  Jeff is now a principal of Jeff Morris Solutions LLC, a consulting firm helping entities navigate the complexities of industrial chemical regulation.  While at EPA, Jeff directed the Agency’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA), the U.S. law regulating industrial chemicals, and headed the office most immediately impacted by the significant changes brought about by the Lautenberg amendments.

In our discussion, we look back on Jeff’s leadership of the Office of Pollution Prevention and Toxics and its accomplishments in implementing Lautenberg, which policies the current Administration has implemented that should continue, and how the new Administration should and can do more using TSCA to address social inequities and achieve the goals of environmental justice.  Jeff discusses his recent articles on this important topic, as well as the important role international collaboration plays in understanding both the commercial promise and chemical profile of nanomaterials.

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.

©2020 Bergeson & Campbell, P.C.  All Rights Reserved

This week, my colleague, Dr. Jane Vergnes, and I sat down with Bjorn Hansen, Executive Director of the European Chemicals Agency (ECHA).  As our listeners may know, ECHA is the European Union (EU) regulatory agency charged with managing the scientific, technical, and administrative aspects of chemical management programs in the EU, including the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), the Classification, Labeling, and Packaging Regulation (CLP), the Biocidal Products Regulation (BPR), the Prior Informed Consent Regulation (PIC), and a definition of substances of very high concern (SVHC).  Bjorn leads approximately 600 employees, many of whom are located in Helsinki, where ECHA’s offices are located.  In addition to speaking about the imminent end of the transition period between the EU and Great Britain under Brexit, which has been no small endeavor, Bjorn discusses the very recent issuance of the EU Chemicals Strategy for Sustainability Towards a Toxic-Free Environment.  Issued on October 14, 2020, this new Strategy includes some 50 initiatives intended to complement the European Green Deal announced last December, under which the EU has committed to no net greenhouse gas emissions by 2050.

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.

©2020 Bergeson & Campbell, P.C.  All Rights Reserved

This week, I sat down with Dr. Jane Vergnes, Director of Toxicology here at B&C and Vice President, Scientific Affairs, and Director of Toxicology at B&C’s consulting affiliate, The Acta Group.  Jane has lead responsibility for our United Kingdom (UK) and Brussels offices and has been deeply engaged in Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) and the impact of Brexit on our European Union (EU), UK, and U.S. clients.

Given the fast approaching end of the transition period between the UK and EU, I thought it would be timely to parachute in and see what is top of the mind for companies in the chemical space with regard to what to expect in the New Year, and to check in on what else is front and center across the Pond, as it were.  Jane and I discuss the transition period, the new UK REACH law, what is actually happening on the ground as we approach the end of the transition period, and a few other hot topics in the EU, including new obligations issued by the Commission recently of which EU REACH registrants must be aware.  As Brexit also applies to biocides and plant protection products, we also touch upon biocides and agricultural chemicals and what to expect at the end of the year.  Brexit has invited no small amount of uncertainty and anxiety for chemical stakeholders, especially against the backdrop of an already uncertain, pandemic-challenged world.  My conversation with Jane provides some comforting clarity and useful thoughts on what to do as the transition period comes to an end.

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.

This week, I sat down with Lisa Campbell, my Partner here at Bergeson & Campbell (B&C®) and its consulting affiliate, The Acta Group (Acta®), and a well-recognized expert on all things regulated under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).  With so much attention focused on registering new products to combat COVID-19, we thought it timely to check in again with the U.S. Environmental Protection Agency (EPA) Office of Pesticide Programs (OPP) and see what it is up to.  OPP has been extraordinarily busy since March keeping up with new products to combat the coronavirus and forging new ways of leveraging its resources while maximizing the public health benefits of these new products.

We also discuss the government’s heightened interest in ensuring that marketers of products -- new and existing -- are precluded from placing products on the market that EPA believes are not effective against COVID-19, when they are promoted as effective against the virus.  EPA has been quite aggressive in ensuring that products that claim to be effective in fact are effective.

We then update our listeners on a few other OPP developments unrelated to the pandemic, as OPP’s jurisdiction extends far beyond approving new products to address COVID-19.

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.

©2020 Bergeson & Campbell, P.C.  All Rights Reserved