“TSCA: Three Years Later” Conference Looks to the Past and into the Future

On June 24, 2019, Bergeson & Campbell, P.C. (B&C^®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health (GWU) presented “TSCA: Three Years Later,” a day-long conference with leading experts exploring the current impacts of the Toxic Substances Control Act (TSCA) on science policies, challenges faced by industry, and the impacts of TSCA on regulatory policies, especially those concerning ensuring compliance and enforcement. A recording of the full conference is available online.
 
During her luncheon keynote address, Alexandra Dapolito Dunn, the U.S. Environmental Protection Agency’s (EPA) Assistant Administrator for the Office of Chemical Safety and Pollution Prevention (OCSPP), shared new information regarding EPA’s findings of unreasonable risks. Bloomberg Environment reported on the keynote in the article “Lag Time in EPA Action on Toxic Chemicals May Worry Public.”

“‘The EPA may soon identify situations in which a chemical poses unreasonable risks, but not act to reduce exposure until several years later, which could spark concerns among the public,’ the agency’s top chemicals official said June 24.
 
“‘It’s possible and quite likely we’ll find unreasonable risks under some conditions of use,’ said Alexandra Dapolito Dunn, the EPA’s assistant administrator for chemical safety and pollution prevention.
 
“Once the EPA identifies these risks, the 2016 Toxic Substances Control Act amendments give it two-and-a-half years to reduce them.
 
[…]
 
“The EPA will have to figure out how to communicate such risks to affected populations, and explain what it’s doing to figure out how to protect them, Dunn said at the forum, which was organized by the Environmental Law Institute, George Washington University, and Bergeson and Campbell, P.C.
 
“Companies will also be affected by the EPA deciding that the way a chemical is made, used, or disposed of is too risky, Lynn Bergeson, managing partner with Bergeson and Campbell PC, told Bloomberg Environment.
 
“The EPA’s unreasonable risk finding—even if preliminary—is likely to start discussions within companies about whether to stop using that chemical in the risky manner the agency identifies, she said.”

The full conference is available to view on demand.  Details regarding the session topics and presenters, including copies of the presentations where available, are below.

TSCA: Three Years Later
Welcome and Overview of Forum

• 
  Lynn R. Goldman, M.D., M.S., M.P.H., Michael and Lori Milken Dean and Professor, Environmental and Occupational Health, Milken Institute School of Public Health, GWU

Morning Keynote Discussion

• LeRoy C. Paddock, Associate Dean for Environmental Studies and Professorial Lecturer in Law, GWU

Panel 1: TSCA Implementation: Where Are We Now?
 
Panel 1 focused on how TSCA has been applied over the past three years since the enactment of the 2016 Lautenberg Amendments and the impact of TSCA’s implementation on the regulatory, environmental, political, and corporate sectors. This included EPA’s updated Inventory identifying active and inactive chemical substances, the new chemicals’ review process, and the regulation of existing chemicals. Additionally, panelists tackled how to ensure public safety and corporate responsibility, including the treatment and classification of confidential business information (CBI) in accordance with TSCA.

• Steven Bennett, Ph.D., Senior Vice President, Scientific Affairs, Household and Commercial Products Association, Moderator (slides)
• Lynn L. Bergeson, Managing Partner, B&C (slides)
• Adam M. Finkel, Sc.D., CIH, Clinical Professor, Environmental Health Sciences, School of Public Health, University of Michigan (slides)
• Michal Freedhoff, Ph.D., Minority Director of Oversight, Committee on Environment and Public Works, United States Senate

Luncheon Keynote

• Alexandra Dapolito Dunn, Assistant Administrator, OCSPP, EPA

Panel 2: Science Policy Issues
 
Panel 2 focused on the numerous impacts of TSCA on science policy. Panelists explored chemical prioritization and risk evaluation, chemical data reporting and its use in assessments, testing of new and existing chemicals, animal welfare considerations, and more.

• George M. Gray, Ph.D., Professor, Department of Environmental and Occupational Health and Director of the Center for Risk Science and Public Health, GWU, Moderator (slides)
• Tala Henry, Ph.D., Deputy Director, Office of Pollution Prevention and Toxics, EPA
• Oscar Hernandez, Ph.D., Senior Regulatory Chemist, B&C (slides)
• Britt L. McAtee, Ph.D., DABT, Manager, Toxicology, PPG Industries (slides)

Panel 3: Regulatory and Policy Issues
 
Panel 3 explored the regulations and policies under TSCA. Panelists examined reporting and labeling requirements, current and potential future compliance standards, enforcement laws and policies, and the role of TSCA in upholding environmental justice.

• James V. Aidala, Senior Government Affairs Consultant, B&C, Moderator (slides)
• Richard E. Engler, Ph.D., Director of Chemistry, B&C
• Eve Gartner, Staff Attorney, Healthy Communities Program, Earthjustice (slides)
• Jeffery Morris, Director, Office of Pollution Prevention and Toxics, EPA

Concluding Remarks

• Scott Fulton, President, ELI

Visit the ELI event website for more details and content from the conference.  Subscribe to B&C’s Firm Clients and Friends newsletter for regular chemical regulatory updates and visit TSCAblog™ for the latest developments regarding TSCA implementation.