All Things Chemical

The question posed by this podcast may sound easy, but it is anything but. This podcast explores the fascinating yet commercially vexing jurisdictional divide between and among biostimulants, biopesticides, and fertilizers as each of these agricultural chemical products is vital to the agricultural community.  According to a recent U.S. Department of Agriculture report, the plant biostimulant industry alone is expected to be at least a $2.2 billion global market, swelling to $5 billion in 2025.

As big as this market is, there is surprisingly a great deal of confusion in markets globally regarding what exactly is a biostimulant and how it differs from a fertilizer or a pesticide, and importantly how the U.S. Environmental Protection Agency (EPA) goes about regulating the claims made for these products.  This podcast focuses on these issues, especially as they relate to how EPA defines and regulates biostimulants, and offers some tips to stakeholders in this commercial space on how to avoid enforcement scrutiny.

My guests today are my colleagues, Lisa Burchi and Sheryl Dolan.  Lisa is a resident in California and Of Counsel to B&C.  Lisa counsels clients on chemical law and regulation and has significant experience with legal and regulatory matters specifically related to these jurisdictional lines, which most often arise in the context of enforcement actions brought by EPA headquarters and regional offices.

Sheryl Dolan is B&C’s Senior Regulatory Consultant.  Sheryl works with a wide variety of chemical innovators to commercialize their products and works closely with the legal team to make this happen.  Both Lisa and Sheryl are also employees of B&C’s consulting affiliate, The Acta Group, with offices here in D.C, Manchester, U.K., Brussels, Belgium, and Beijing, China.

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 was thrilled to sit down with Richard Keigwin, Director of the Office of Pesticide Programs (OPP) at the U.S. Environmental Protection Agency (EPA) here in Washington, D.C.  As OPP Director, Rick leads the EPA office that reviews and approves pesticide products used to combat the spread of SARS-CoV-2, the virus that causes COVID-19.  Historically, OPP has consistently been one of the busiest offices in EPA’s Office of Chemical Safety and Pollution Prevention (OCSPP).  The pandemic has invited a virtual flood of interest in the next generation of antimicrobial pesticides to combat the virus’s spread, and Rick and his team have been navigating this flood and keeping their heads above water, as it were, from the safety of their own homes.  Rick takes us through what EPA is doing to accelerate the availability of new tools to combat the spread of the virus, how he has been orchestrating this massive effort from his remote office, and how he has been doing so while simultaneously addressing the usual heavy load of routine pesticide business during this pandemic.

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 Eric Byer, President and CEO of the National Association of Chemical Distributors (NACD). Eric, like many of us these days, is working hard and under extraordinary circumstances ensuring that his member companies are able to continue to distribute much needed chemical products, including sanitizers and other cleaning products, in response to the pandemic.  Our conversation focused on these uniquely “in the moment” issues and a broad range of federal, state, and international issues on which NACD is focused, including extending the Chemical Facility Anti-Terrorism Standards (CFATS) program, TSCA implementation initiatives, and the impact of tariffs on imports from China on NACD member companies.  Eric is an amazing leader of an essential trade association, and our conversation provides insights into his success as President of NACD.

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 business partner of many years and one of the nation’s foremost legal experts on the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

Given Lisa’s expertise, we engaged in a very timely discussion about the approval by the U.S. Environmental Protection Agency (EPA) of products under FIFRA to combat COVID-19, the disease caused by the coronavirus.  EPA has been deluged with applications to approve new products and/or new uses of existing products to combat the virus.  Lisa explains how antimicrobial pesticide products play an important role in public health and safety, the kinds of antimicrobial product categories regulated by EPA (including sanitizers, sterilants, disinfectants, and others), how approved products are deployed to combat the novel pathogen that causes COVID-19, and what EPA is doing to fast-track the approval process to get products out there to protect public health.  And as important as the federal EPA is in this regard, Lisa also explains the important role of state agencies in the pesticide product approval area.  We round out our discussion on EPA’s efforts, along with other federal law enforcement offices, to stop the proliferation of virus scams, most notably the sale and distribution of antimicrobial products falsely claiming to be effective against the spread of the coronavirus.

This week, I sat down with my colleague Karin Baron, a senior regulatory consultant here at B&C.

In this conversation, Karin talks about recent European Union enforcement initiatives that have to do with the CLP legislation: Classification, Labeling, and Packaging legislation. Karin begins by telling us about the current state of harmonization along the lines of the GHS model, and how this might be more an aspiration than a reality. Then we talk about the history of the CLP legislation: how it was introduced, how it has changed over the years, and what recent changes are doing to bring it more in line with the GHS.

We also go into a number of different themes that might be of interest to you, including why “mixture classifications” can be so varied across different regions and Karin gives some concrete recommendations and tips for manufacturers, distributors, and exporters that deal with the EU.

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 my colleague, Dr. Richard Engler, Director of Chemistry here at B&C and The Acta Group (Acta®). We brought everyone up to date on the U.S. Environmental Protection Agency’s (EPA) implementation of the Toxic Substances Control Act (TSCA) fee rule and how it applies to entities obligated to pay a portion of the $1,350,000 per chemical fee for preparing an EPA-initiated risk evaluation, the legal and regulatory significance of the supplemental rulemaking on long-chain perfluoroalkyl carboxylate (LCPFAC) chemicals and the precedent it sets for eliminating the article exemption for imported articles containing these substances, and the significance of the recently updated TSCA Chemical Inventory with regard to the fast-approaching Chemical Data Reporting (CDR) cycle. As always, Rich is a font of information on these topics, and he does a great job of contextualizing this information for busy business people working in the chemical 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.

This week, I sat down with my colleague, Sheryl Dolan, a Senior Regulatory Consultant here at Bergeson & Campbell and The Acta Group.  As Sheryl’s practice focuses primarily on pesticide matters, we addressed a few hot topics captivating our interest.  Sheryl briefed us on the Environmental Protection Agency’s (EPA) Office of Pesticide Programs’ (OPP) forthcoming move from Crystal City, Virginia, to D.C. later this year, OPP’s recent deployment of its Emerging Pathogen Policy in light of the Coronavirus gripping the world, OPP’s continuing efforts to help define the jurisdictional divide between Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)-regulated pesticides and non-pesticide plant stimulants, enforcement initiatives in the pesticide area, and the fast approaching March 1 reporting deadline for pesticide establishments.

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 my colleague, Dr. Richard Engler, Bergeson & Campbell’s Director of Chemistry, to discuss what the fuss is over EPA’s January 27, 2020, issuance of a “preliminary list” of companies responsible for the $1,350,000 per-chemical fee EPA charges to conduct a risk evaluation of a high-priority chemical under TSCA Section 6.  The scope of the entities “on the hook” is far broader than expected, and companies with little understanding of TSCA may be presumptively liable for these fees and TSCA enforcement scrutiny for failure to address the situation by March 27, 2020.  In our conversation, Rich explains how the fee rule works and discusses the reasons why industry was caught by surprise and unclear about how best to respond to the January notice.  Rich and I then explain why it is critically important for impact entities to begin now to think about forming a consortium to share the cost of the fees and related expenses and how B&C Consortia Management can assist.

We also go into a number of different themes that might be of interest to you, including why the fee rule interpretation diverges from historical TSCA “carve-outs” for byproducts, impurities, and articles, and what companies can do to protect their interests.

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 my colleagues Sheryl Lindros Dolan, Chris Bryant, and Dr. Richard Engler to discuss our fabulous 2020 Forecast, B&C’s and The Acta Group’s (Acta®) richly detailed overview of key trends in U.S. and global chemical law and policy. This 67-page document provides a comprehensive “one-stop” overview of global initiatives for the New Year of which stakeholders in the global chemical market must be aware. My colleagues provide a spirited overview of key developments, speculate on the impact of the U.S. general elections later this year, and muse generally about the shape of things to come with regard to all things chemical. 2020 may well be like no other election year, given all that is in the pipeline, statutorily mandated, and/or percolating at the state level.

Download the 2020 Forecast here.

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 my colleague Christopher Bryant, a Senior Regulatory Consultant here at Bergeson & Campbell. Chris has over 25 years of experience in environmental, health, and safety compliance, and, in particular, hazardous waste management and regulation under the Resource Conservation and Recovery Act (RCRA).

I asked Chris to the studio to speak with me about RCRA:  what it is, how the law has developed, what is covered under it, and how we might expect -- or hope -- it to change for the better.  We discussed the history and stated goals of RCRA, and why, in our opinion, it has not lived up to some of its founding principles.

Chris hits upon the subject of plastics and PFAS materials, and explains the evolution of EPA’s thinking about waste over the last few decades, including how RCRA has adapted to a business world that is becoming increasingly more sustainability-oriented.  We also talk about how other countries and regions manage hazardous waste regulation and how practices beyond RCRA can be influenced to achieve improved results.

When it comes to hazardous waste and RCRA, Chris is simply the best, and it was great to sit down with him and pick his brain on this important topic.  So, here is my discussion with Chris Bryant about all things RCRA.

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.