TSCA Reform — Eight Years Later
June 26, 2024, 8:00 a.m. – 4:30 p.m. (EDT)
In person at George Washington University Milken Institute School of Public Health, Washington, D.C.,
and virtually via livestream
Register now to attend in person or virtually the complimentary “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute (ELI), and the George Washington University Milken Institute School of Public Health. Panelists will dive into key hot topics, including chemical prioritization and risk evaluation, risk management, new chemical review, Section 21 petitions and other Toxic Substances Control Act (TSCA) provisions available to third parties, and much more.
Continuing Legal Education (CLE) credit will be offered in Vermont and Pennsylvania for in-person participants only; full CLE information is available on the registration page. Registration to attend in person will close on June 21, 2024, or when capacity is reached. Virtual registration will close on June 25, 2024.
Full Agenda (subject to change):
8:00 a.m. – 8:05 a.m.
Welcome
Madison Calhoun, Senior Manager, Educational Programs, Environmental Law Institute
8:05 a.m. – 9:00 a.m.
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. Moderator
- Adam M. Kushner, Partner, Hogan Lovells US LLP
- Tosh Sagar, Senior Attorney, Earthjustice
- Robert M. Sussman, Principal, Sussman & Associates
- James G. Votaw, Partner, Keller and Heckman, LLP
9:00 a.m. – 9:30 a.m.
Keynote Address
Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention (OCSPP), EPA
9:30 a.m. – 10:45 a.m.
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, Senior Director, Regulatory & Scientific Affairs, American Chemistry Council, Moderator
- MaryAnn Hoff, Global Director Advocacy, EHS & Product Stewardship, PPG
- Jonathan Kalmuss-Katz, Supervising Senior Attorney, Earthjustice
- Eileen Murphy, Ph.D., Director, Existing Chemicals Risk Management Division, EPA
11:00 a.m. – 12:15 p.m.
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, Moderator
- 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 & Health Program, Earthjustice
- Judah Prero, Counsel, Arnold & Porter
- Tracey Woodruff, Ph.D., Professor and Director, University of California, San Francisco Program on Reproductive Health and the Environment
1:30 p.m. – 2:45 p.m.
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, Lead Counsel, Health Program, Environmental Defense Fund, Moderator
- Shari Barash, Director, New Chemicals Division, OPPT, EPA
- Kyla Bennett, Ph.D., Director, Public Employees for Environmental Responsibility
- Kerry Coy, Product Regulation Specialist, BASF Corporation (virtual)
- Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.
- Daniel Rosenberg, Senior Attorney, Environmental Health, Natural Resources Defense Council
3:00 p.m. – 4:15 p.m.
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, Bergeson & Campbell, P.C., Moderator
- 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
- Robert M. Sussman, Principal, Sussman & Associates
4:15 p.m. – 4:30 p.m.
Concluding Remarks and Adjournment
Jordan Diamond, President, Environmental Law Institute