Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, contracts, EPA enforcement matters, and chemical and product liability management. Mr. Berger assists clients in bringing new products to market in an expedient, cost-effective manner, using an interdisciplinary approach that combines law and science with an emphasis on emerging technologies in the industrial chemicals area. Mr. Berger frequently undertakes matters that involve polymers and complex chemical nomenclature issues.
Mr. Berger’s practice focuses on the regulation and approval of new and existing chemicals under the Toxic Substances Control Act (TSCA) (as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act) and its international counterparts in Australia, Canada, China, the European Union, Japan, Malaysia, New Zealand, the Philippines, South Korea, and Taiwan. Mr. Berger also counsels trade association clients on various matters, including environmental, product disparagement, and defense issues. Mr. Berger has been significantly involved in efforts to “reform” TSCA, EPA’s Chemical Data Reporting (CDR) and Inventory “reset” rule, and with TSCA “Work Plan” Chemicals.
Mr. Berger designs, conducts, and manages voluntary compliance audits, counsels companies on managing liability under EPA’s “Audit Policy” and other penalty mitigation policies, and assists companies in preparing for agency inspections and responding to EPA information requests and subpoenas. Mr. Berger assists clients with the TSCA premanufacture notification (PMN) review process, and negotiates the terms and conditions of TSCA section 5(e) orders, and significant new use rules (SNUR).
Mr. Berger co-authored an amicus curiae brief for the U.S. Supreme Court in Hoechst Celanese v. United States, 128 F.3d 216 (4th Cir. 1997), and four technical papers on polychlorinated dibenzo-p-dioxins and furans (“dioxin”). Mr. Berger was a contributing author of Environmental and Workplace Safety, A Guide for University, Hospital, and School Managers (Van Nostrand Reinhold, 1996).
Mr. Berger has a chemical engineering background and prior to joining Keller and Heckman was employed by the E.I. duPont de Nemours & Co., Inc.
Mr. Berger is a frequent lecturer on chemical notification, chemical regulation, liability management, auditing, enforcement, and TSCA reform issues.
•Jun 29, 2017 Tom Berger and Herb Estreicher Quoted in Chemical Watch Article Final TSCA inventory notification rule eases reporting burden
•Feb 22, 2017 Keller and Heckman Professionals to Attend GlobalChem Conference
•Nov 08, 2016 EPA Sends TSCA Prioritization Risk Review Rule to OMB
•Sep 26, 2016 Tom Berger Quoted in Article Questions grow ahead of TSCA inventory ’reset’
•Sep 26, 2016 Tom Berger and David Sarvadi Sourced for Article Changes to Chemical Law Causing Heartburn; Long Road Ahead
•Sep 22, 2016 Tom Berger Sourced for Chemical Regulation Reporter Article Trade Secret Claims Scrutinized by EPA, Chemical Attorneys Say
•Sep 01, 2016 Tom Berger and Adrienne Timmel Published in the American Bar Association’s Section of Environmental, Energy and Resources Newsletter
•Dec 13, 2017 TSCA 30/30 - 2017
•Nov 08, 2017 TSCA 30/30 - November 8, 2017
•Oct 18, 2017 Annual Chemical Control Law and Regulation Seminar
•Jun 27, 2017 Webinar: EPA’s TSCA Inventory Reset Rule
•Jun 14, 2017 TSCA 30/30: June 14, 2017
•Feb 06, 2017 EU REACH and Other International New/Existing Chemical Notification Laws Seminar
•Jan 25, 2017 Compliance Requirements for TSCA Modernization Seminar
•View Telecom Business Alerts
•Oct 17, 2018 EPA Releases Final Rule on TSCA User Fees
•Feb 09, 2018 EPA Releases User Fee Rule for Administration of TSCA
•Sep 07, 2017 Don’t Forget TSCA CBI Substantiations are Due September 19th
•Aug 11, 2017 EPA Publishes Final Inventory Reset Rule, Sets Reporting Dates
•Jul 05, 2017 EPA Finalizes TSCA Inventory Reset Rule
•Jun 28, 2017 TSCA June 2017 Rules Overview
•May 05, 2017 EPA Issues Proposal for TSCA Chemical Risk Evaluation
(Resident, Indianapolis Office)
•American Bar Association
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