TSCA Reform — Eight Years Later

Registration is now open for “TSCA Reform — Eight Years Later,” the June 26, 2024, day-long conference sponsored by Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health. The conference focuses on Toxic Substances Control Act (TSCA) implementation challenges and accomplishments since the enactment in 2016 of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act) amendments and where TSCA stands today. This year, the conference is hybrid; it will be held in person at the George Washington University Milken Institute School of Public Health and livestreamed via YouTube. Panelists will dive into key hot topics, including chemical prioritization and risk evaluation, risk management, new chemical review, Section 21 petitions and other TSCA provisions available to third parties, and much more. Seating is limited to attend in person and will close June 21, 2024, or when capacity is reached.

The agenda includes:

• Welcome: Madison Calhoun, Senior Manager, Educational Programs, ELI;
• Hot Topics Panel: TSCA Administrative and Judicial Litigation: Much Going On!: TSCA is the subject of significant administrative and judicial litigation. Inhance Technologies raises serious implications for the U.S. Environmental Protection Agency’s (EPA) regulation of significant new uses under TSCA Section 5. TSCA Section 4 orders are being litigated, the final Section 6 risk management rule for asbestos is being challenged, as are other aspects of EPA’s implementation of Lautenberg. This panel will feature a spirited discussion of these disputes and the implications of their resolution. Mark N. Duvall, Principal, Beveridge & Diamond, P.C., will moderate. Panelists will include:
  • Eric P. Gotting, Partner, Keller and Heckman, LLP;
  • Adam M. Kushner, Partner, Hogan Lovells US LLP;
  • Tosh Sagar, Senior Attorney, Earthjustice; and
  • Robert M. Sussman, Principal, Sussman & Associates.
• Keynote Address: Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), EPA.
• Panel 1: Risk Management: EPA’s issuance of its first-ever risk management rule is a significant achievement and offers important insights into how EPA defines the “extent necessary” to control unreasonable risks, under what circumstances EPA will not seek to ban a chemical use, what issues are likely to be litigated, and much more. This panel will discuss the risk management rule and its implications. Karyn M. Schmidt, Assistant General Counsel, American Chemistry Council, will moderate. Panelists will include:
  • Maryann Hoff, Global Director Advocacy, EHS & Product Stewardship, PPG;
  • Jonathan Kalmuss-Katz, Supervising Senior Attorney, Earthjustice; and
  • Eileen Murphy, Ph.D., Director, Existing Chemicals Risk Management Division, EPA.
• Panel 2: Risk Evaluation and the Supporting Role Sections 4 and 8 Play: EPA has been busy refining its chemical prioritization and risk evaluation processes to ensure its decisions are informed by available data and new data are generated under Section 4. This panel will consider these revised processes; the role and extent of peer review; the utility and timing of Section 4 test rules; the disposition of chemicals remaining on the 2014 Work Plan Chemicals list; and much more. Maria J. Doa, Ph.D., Senior Director, Chemicals Policy, Environmental Defense Fund (EDF), will moderate. Panelists will include:
  • David B. Fischer, Counsel, Keller and Heckman LLP;
  • Jeffery T. Morris, Ph.D., Director, Existing Chemicals Risk Assessment Division, Office of Pollution Prevention and Toxics (OPPT), EPA;
  • Katherine O’Brien, Senior Attorney, Toxic Exposure and Health Program, Earthjustice;
  • Judah Prero, Counsel, Arnold & Porter; and
  • Tracey Woodruff, Ph.D., Professor and Director, University of California, San Francisco, Program on Reproductive Health and the Environment.
• Panel 3: New Chemical Review: EPA continues to revise its new chemical review process. This panel will discuss the latest updates, whether challenges are being addressed and how, whether review times are being diminished, and much more. Samantha Liskow, Environmental Defense Fund, will moderate. Panelists will include:
  • Shari Barash, Director, New Chemicals Division, OPPT, EPA;
  • Kyla Bennett, Ph.D., Director, Public Employees for Environmental Responsibility (PEER);
  • Kerry Coy, Product Regulation Specialist, BASF Corporation;
  • Richard E. Engler, Ph.D., Director of Chemistry, B&C; and
  • Daniel Rosenberg, Senior Attorney, Environmental Health, Natural Resources Defense Council (NRDC).
• Panel 4: Shaping the Agenda: Section 21 Citizens’ Petitions and Other Mechanisms Influencing Priority Setting: Citizens’ petitions under TSCA Section 21 are increasingly playing a prominent role in influencing EPA’s policy and regulatory priorities. Other mechanisms are also being used to revisit EPA’s priorities. This panel will discuss the utility of these mechanisms, how they are impacting EPA’s regulatory agenda, and other opportunities for citizen engagement. Lynn L. Bergeson, Managing Partner, B&C, will moderate. Panelists will include:
  • Ryan J. Carra, Ph.D., Principal, Beveridge & Diamond, P.C.;
  • Michael Connett, Partner, Siri & Glimstad;
  • Thomas Groeneveld, Senior Advisor, Existing Chemicals Risk Management Division, EPA; and
  • Robert M. Sussman, Principal, Sussman & Associates.
• Concluding Remarks and Adjournment: Jordan Diamond, President, ELI.

Continuing legal education (CLE) credit will be offered in select states for in-person attendees only.

©2024 Bergeson & Campbell, P.C.

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