All Things Chemical

This week, I sat down with Jim Aidala, Senior Government Affairs Consultant at B&C and its consulting affiliate, The Acta Group.  As a former Assistant Administrator in what is now the U.S. Environmental Protection Agency’s (EPA) Office of Chemical Safety and Pollution Prevention, Jim has a keen sense of how EPA prepares for and transitions to changes in Administrations.  As we prepare for the November elections, we thought it would be good to check-in with Jim and get a sense of how our colleagues at EPA are faring.  After reviewing key topics in the pesticide world, Jim walks us through how and when pesticide registrants and others in the commercial value chain can prepare for any forthcoming transition, consequential or otherwise.  Jim discusses whether regulated entities can expect policy changes occasioned by a new Administration, regardless of who wins.  Jim also addresses the implications of changes in the Supreme Court in light of Justice Ginsburg’s death. Jim’s insights in these areas is spot on and timely.

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 Vincent Caprio, Founder and Executive Director of the NanoBusiness Commercialization Association (NanoBCA).  Vince has been on the forefront of nano innovations and optimizing opportunities for businesses to commercialize their nano creations for more than two decades.  In founding the NanoBCA, Vince has placed it at the center of nanotechnology commercialization, national policy, law, and business since the beginning of the public’s focus on nanotechnology.  NanoBCA has provided a much-needed spotlight on how nanotechnology has been a critical driver for the development of advanced materials, smart technology, innovations in chemistry, and a diverse range of other initiatives that have greatly benefited many economic sectors of the economy.  As Chair of the Environment, Health, and Safety (EHS) Committee of the NanoBCA, I have long admired Vince’s vision, organization-building skills, and his seemingly endless list of contacts -- there is no one in Washington, D.C., or elsewhere, whom Vince does not know!

In our conversation, Vince shares a bit about the early days of nanotechnology, how NanoBCA helped frame critical EHS issues in a way that moved the technology forward, his relationship with and deep engagement in the activities of the National Nanotechnology Initiative, his engagement with key Senators and Representatives on nano matters, and what’s next for nanotechnology after the 2020 elections.

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 Sheryl Lindros Dolan, Senior Regulatory Consultant at B&C and its consulting affiliate, The Acta Group.  Sheryl is on the front line of pesticide registration and engages in a remarkably diverse range of pesticides and pesticide devices.  Sheryl is particularly gifted at charting regulatory strategies for new and novel pesticide innovations and other agricultural chemical products like biostimulants, biopesticides, and other chemical products.  Sheryl’s training as a scientist and a lawyer is invaluable in guiding clients to obtaining their regulatory approvals swiftly and efficiently.

Our conversation covers a broad range of topics beginning with a check-in with how the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs is faring under our now not-so-new pandemic-focused times.  We discuss how EPA is addressing the greatly increased number of pesticide registration applications in response to the COVID-19 virus, the submission of emergency exemption applications under FIFRA Section 18, and how to manage client expectations, especially those harbored by innovators who believe their products will help protect against the virus and thus have a sense of urgency that is challenging to align with even accelerated government approval time lines.

We also discuss EPA’s compliance advisory for pesticide devices making coronavirus claims and EPA’s continuing efforts to prevent the marketing of bogus products that are unregistered and thus illegal.  Sheryl’s expertise and broad experience in these areas make for a great 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.

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 the industrial chemical sector.  Jeff directed EPA’s implementation of the 2016 amendments to the Toxic Substances Control Act (TSCA) and headed the office most immediately impacted by the significant changes brought about by the Lautenberg amendments.

In our discussion, we talk about how Jeff and his OPPT colleagues managed the daunting task of implementing a new law, and how the Agency has fared since the law’s enactment four years ago.  We discuss Jeff’s interest in environmental justice, and how TSCA might be used to address the impact of environmental harms and their disproportionate adverse impact on people of color and the poor.

We also discuss Jeff’s important role in EPA’s Office of Research and Development and its research program on nanomaterials and nanotechnology, and how his background prepared Jeff well for addressing TSCA’s application to emerging chemical technologies.

We conclude by learning more about what Jeff is up to now in his new role as a principal in Jeff Morris Solutions, LLC.  I really enjoyed my conversation with Jeff.  He and I have known each other for many years, and I have long admired Jeff’s integrity, his commitment to public service, and his epic understanding of chemical policy, science, and regulation.

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 Richard E. Engler, Ph.D., B&C’s Director of Chemistry, and all-around TSCA savant. Rich is an organic chemist and a 17-year veteran with the U.S. Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics, where Rich managed the Green Chemistry Program and reviewed some 10,000 new chemical notifications.

Given all that is going on at EPA with implementing the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which extensively amended the Toxic Substances Control Act (TSCA), Rich and I discussed a wide range of ongoing and planned EPA initiatives.  These include EPA’s risk evaluations under TSCA Section 6, progress EPA has made in reviewing new chemicals and work that remains to be done, how EPA has responded to staff and resources challenges, key ongoing litigations challenging various aspects of TSCA implementation, and what to look for as we approach the end of the calendar year and the impact of the pending National election.  Rich’s insights are always fascinating and enlightening, and our conversation is sparkling and entertaining.

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 Congressman John M. Shimkus, a Member of the United States House of Representatives for the 15th District of Illinois.  As listeners of the podcast know well, Congressman Shimkus is a senior Member of the House Energy and Commerce Committee.  In this capacity, Congressman Shimkus has become a rock star in the industrial chemical community, given his tireless efforts to modernize the Toxic Substances Control Act (TSCA) , which of course resulted in passage four years ago of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg).

Given Congressman Shimkus’s extensive involvement in and personal commitment to reforming TSCA, our conversation focused on the efforts that have been under way since June 2016 to implement the massive and complicated new law.  We address many aspects of Lautenberg’s implementation, not just by the U.S. Environmental Protection Agency (EPA), but also efforts under way by other industrial chemical stakeholders, including industry, non-government organizations (NGOs), states, and the courts.  We discuss the many, many rulemakings EPA has issued since 2016 and survey the next leg of EPA’s journey to implement the new law over the next 12 to 24 months, which will be extremely busy.  Congressman Shimkus is as passionate today as he was four years ago about chemical safety, as you will hear in this recording.

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 James Aidala, B&C’s Senior Government Affairs Consultant, to catch up on what the U.S. Environmental Protection Agency’s (EPA) Office of Pesticide Programs (OPP) is up to and to get a sense of what we might expect to develop over the remainder of the year.  As a former Assistant Administrator of what is now the Office of Chemical Safety and Pollution Prevention, Jim’s thoughts and analyses are always spot on.

We discuss leadership within OPP, which is transitioning.  Not surprisingly, who holds the position of Office Director is always of great interest to the agricultural and biocidal chemical communities.

We also touch upon a number of high-profile pesticide science policy debates about substances, some of which have been raging literally for years.  These substances include dicamba, glyphosate, and chlorpyrifos.  The legal and scientific administrative and judicial reviews under way in the United States and internationally are fascinating, precedent setting, and closely watched.

Our conversation also includes a bit about the commercial agricultural chemical community.  Industry consolidation and international trade issues continue to challenge the commercial landscape, and they make keeping up with these issues all the more important.

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 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 an extensive background in the environmental field and is a leading voice on TSCA and FIFRA.  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 States.  She has published extensively in the areas of the ethics of community advocacy, environmental justice, urban sustainability, water quality, cooperative federalism, the Clean Water Act, and more.

Given Alex’s high profile role at EPA, we focused our discussion on implementation of the amendments to TSCA, which Congress enacted in 2016.  As we record this session, we are at the four-year anniversary of the new law, and we celebrate EPA’s many accomplishments in implementing the Congressionally mandated changes to the law.  As pollution prevention is an integral part of EPA’s mission, we also focus on initiatives under way to introduce safer and greener chemicals.  Finally, our discussion includes a look ahead to what is on EPA’s agenda for the remainder of the year, which promises to be extraordinarily busy.

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.

As we are now into June, Toxic Substances Control Act (TSCA) aficionados will be quick to note that “new TSCA” is now almost four years old.  Passage in June 2016 of the Frank R. Lautenberg Chemical Safety for the 21st Century Act occasioned EPA’s implementation of a law that has transformed industrial chemical regulation in the United States.  This week, to mark Lautenberg’s fourth birthday, I sat down with Dr. Richard E. Engler, B&C’s Director of Chemistry and all-around expert on all things TSCA, to look back on what EPA stakeholders have achieved over the past four years, and to look forward to what to expect the remainder of this year and beyond.  We address the progress EPA has made in reviewing new chemical innovations, regulating existing industrial chemicals, what early challenges have been resolved, and a few of the frustrations that linger.  As a 17-year veteran of EPA’s Office of Pollution Prevention and Toxics and now an extremely busy and tops in his field private consultant, Rich knows TSCA from both sides, and his insights are always spot on.

Rich is a Ph.D. chemist who focuses here at B&C and our consulting affiliate, The Acta Group (Acta®), on all aspects of TSCA regulation and science policy.  In addition to his duties as a top chemist at EPA, Rich also headed EPA’s Green Chemistry Program.  Rich has reviewed more than 10,000 chemical notifications under TSCA and now is an indispensable part of our deep TSCA bench here at B&C and Acta.

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, as employees around the country are returning to their offices and work stations, I was excited to visit with Larry Sloan, CEO of the American Industrial Hygiene Association (AIHA), located here in the Washington, D.C., area. AIHA may not be a well-known organization to many of our listeners, but that could be about to change.  Founded in 1939, AIHA is a non-profit organization serving professionals dedicated to the identification, evaluation, control, and confirmation of environmental stressors in or arising from the workplace. Given AIHA’s extraordinary institutional expertise in workplace stressors, its role and prominence in getting workers back into a safe and healthful work environment in light of the COVID-19 pandemic has rocketed its Back to Work Safely initiative, one of the subjects of our fascinating conversation with Larry, into national prominence.

Larry is a chemical engineer by training, and obtained an MBA from Northwestern’s Kellogg School of Management. Larry is a well-respected professional in Washington, D.C., chemical circles, with a distinguished career in trade association management. Prior to becoming CEO of AIHA in 2016, Larry was CEO of the Society of Chemical Manufacturers and Affiliates (SOCMA), an organization advancing the interests of specialty chemical manufacturers, and before joining SOCMA, Larry was President of the Adhesive and Sealant Council.

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