TSCA Reform – Eight Years Later

When
June 26, 2024 8:00 am — 4:30 pm
Where
Hybrid (in-person in DC & via livestream)

An ELI, Bergeson & Campbell, P.C., and the George Washington University Milken Institute School of Public Health Co-Sponsored Annual Conference

This conference marks the eighth Toxic Substances Control Act Annual Conference, expanding upon TSCA Reform – Seven Years LaterTSCA Reform – Six Years Later, TSCA Reform – Five Years Later, TSCA Reform – Four Years Later, TSCA: Three Years Later, TSCA Reform at 2 Years and TSCA Reform: One Year Later. Leading panelists will reflect on the challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the Toxic Substances Control Act (TSCA) stands today.

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. Join ELI, Bergeson & Campbell, P.C., the George Washington University Milken Institute School of Public Health, leading experts, and distinguished speakers for a robust exploration of the issues and regulations surrounding TSCA.

Agenda

All times Eastern.

8:00 AM – 8:05 AM

Welcome

Madison Calhoun, Senior Manager, Educational Programs, Environmental Law Institute

8:05 AM – 9:00 AM

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 (EPA)’s 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 Votaw, Partner, Keller & Heckman

9:00 AM - 9:30 AM

Keynote Address

Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency

9:30 AM – 10:45 AM

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, U.S. Environmental Protection Agency
Meredith Williams, Director, California Department of Toxic Substances Control

10:45 AM – 11:00 AMBreak
11:00 AM – 12:15 PM

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, U.S. Environmental Protection Agency
Katherine O’Brien, Senior Attorney, Toxic Exposure and 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
 

12:15 PM – 12:30 PMPresentation from Dean Goldman & GW Special Collections

Robin Delaloye, Associate Dean, Student Success and Scholarly Technology, George Washington University Libraries and Academic Innovation
Lynn R. Goldman, M.D., Michael and Lori Milken Dean, Milken Institute School of Public Health, George Washington University
12:30 PM – 1:30 PM

Luncheon Break

Anyone who attends in person is welcome to enjoy a complimentary grab-and-go lunch. However, we will not be able to accommodate dietary restrictions.

1:30 PM – 2:45 PM

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, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency
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

2:45 PM – 3:00 PMBreak
3:00 PM – 4:15 PM

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, U.S. Environmental Protection Agency
Robert M. Sussman, Principal, Sussman & Associates

4:15 PM – 4:30 PM

Concluding Remarks and Adjournment

Jordan Diamond, President, Environmental Law Institute