Tuesday, September 27, 2016
8:00 a.m. Pacific Daylight Time/11:00 a.m. Eastern Daylight Time/16:00 British Summer Time
Three months have passed since Toxic Substances Control Act (TSCA) reform was enacted, and now implementation trends are starting to take shape. Rather than waiting to see what TSCA reform's impact on your business might be, take control of your approach to "new" TSCA with the information and insight shared in "The New TSCA: What You Need To Know" webinar series presented by Chemical Watch and B&C.
Webinar 4 will cover:
- Section 6(h) -- Chemicals That Are Persistent, Bioaccumulative, and Toxic (PBT);
- Section 18 -- State-Federal Relationship and Preemption;
- Section 19 -- Judicial Review; and
- Section 26 -- Fees.
- Moderator -- Lynn L. Bergeson, Managing Partner, B&C;
- Charles M. Auer, Senior Regulatory and Policy Advisor, B&C, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency (EPA);
- Richard E. Engler, Ph.D., Senior Chemist, B&C, former senior staff scientist in OPPT and leader of EPA's Green Chemistry Program;
- Lisa R. Burchi, Of Counsel, B&C; and
- Sheryl Lindros Dolan, Senior Regulatory Consultant, B&C.
Additional Webinars in "The New TSCA: What You Need To Know" Series:
- Webinar 1: Overview and Summary of Major Changes: What to Expect and When to Expect It, presented June 13, 2016.
- Webinar 2: Impacts on New Chemical Programs, presented July 14, 2016.
- Webinar 3: Inventory, CDR, and CBI (Sections 8 & 14), presented September 12, 2016.
- For a copy of any of these webinar recordings, click here.
Read B&C's TSCA blog for the latest news and analysis regarding TSCA reform, implementation, and related legal and administrative developments.
On June 7, 2016, the U.S. Senate unanimously approved the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576), after Senator Rand Paul (R-KY) dropped the hold placed on the bill. The U.S. House of Representatives passed the bill on May 24, 2016, with a 403-12 roll call vote. Toxic Substances Control Act (TSCA) Reform is now only waiting for President Obama's signature, which is expected soon, based on the White House's endorsement of the bill in May. Bergeson & Campbell, P.C. (B&C®) has collaborated with Chemical Watch to assemble TSCA experts to present a series of complimentary webinars titled "'The New TSCA' -- What You Need To Know." The speakers will include:
- Lynn L. Bergeson, Managing Partner, B&C;
- Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund;
- Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency (EPA); and
- James V. Aidala, Senior Government Affairs Consultant, B&C, former EPA Assistant Administrator for Toxics.
The first webinar of the series, "Overview and Summary of Major Changes: What to Expect and When to Expect it," is taking place on June 13, 2016, at 8:00 a.m. PDT /11:00 a.m. EDT /4:00 p.m. BST.
A post from the Environmental Law Institute's "Vibrant Environment" Blog
By Lynn L. Bergeson
The last thing the push for TSCA reform needs is another delay, and Senator Paul's unexpected interest in H.R. 2576 has caused just that. Under typical circumstances, a Member's focused interest in legislation is refreshing, and as today highlights, entirely too infrequent. In this instance, the circuitous road to TSCA reform is anything but typical—the complexity of the legislation has invited an unusual divisiveness that has frustrated passage—and delay is the enemy of the good.
When TSCA reform achieved bipartisan support in 2015, the Miracle on 34th Street quality of it all invited cautious optimism that reform of our ancient chemical management law just may be possible after all. Through 2015 and early 2016, the roller coaster ride the legislation took between the House and Senate was both nerve-wracking and energizing. Members and others "close to the legislation" metered out bits of information, sufficient to telegraph the patient was alive but requiring extreme measure to stay afloat. When the House voted on May 24, 2016, by an overwhelming majority to approve H.R. 2576, there was a palpable buzz in the chemical community and a real sense that this insanely stubborn law was finally going to relent and get its much- needed overhaul.
Seemingly out of nowhere, Senator Paul put a hold on the bill's further consideration. Taking his explanation at face value, wishing to read the legislation is not an unreasonable request. In addition to wanting to read the legislation closely, Senator Paul reportedly is concerned about the enhanced criminalization provisions in the bill that raise fines for TSCA violations and enhance penalties for knowingly putting someone in imminent danger. Both of these changes are consistent with penalties stipulated in other federal environmental laws. Paul’s request to put a hold on TSCA, however, disturbs a fragile balance that is not well-suited to sustain disruption, and plainly breaks the momentum the legislation enjoyed before the Memorial Day recess.
It is imperative that days do not turn into weeks, or worse. We need this law, and we need it yesterday. TSCA has not kept pace with chemical innovation and EPA desperately needs enhanced authorities to manage potential risks from existing chemical substances. The Senate must make this vote a priority when it reconvenes so President Obama can sign it, as we expect he will, and we can start the important work of implementing the law.
REGISTER TO ATTEND THE "TSCA REFORM PANEL SUMMIT," OR TO VIEW THE LIVE WEBCAST, AT THE ELI WEBSITE.
George Washington University (GWU) Milken Institute School of Public Health, GWU Law School, Environmental Law Institute, Arnold & Porter LLP, and Bergeson & Campbell, P.C. Present: TSCA Reform Panel Summit: What's Happening Now, and What's Next?
Thursday, November 19, 2015, 12:00 – 1:30 p.m. (EST)
George Washington University Milken Institute School of Public Health Main Auditorium, 950 New Hampshire Avenue, N.W. Washington, D.C. 20052. A light lunch will be served, beginning at 11:30 a.m.
With prospects for the Senate and House versions of TSCA reform legislation the subject of considerable speculation and conjecture, join us this Thursday, November 19, 2015, for a wide-ranging panel discussion titled “TSCA Reform: What’s Happening Now, and What’s Next” featuring the inside view from two former EPA Assistant Administrators, George Washington University Milken Institute School of Public Health Dean Lynn R. Goldman, M.D., M.S., M.P.H. and Bergeson & Campbell, P.C. Senior Government Affairs Consultant James V. Aidala; and Arnold & Porter LLP partner Lawrence E. Culleen, whose former EPA roles include Chief of the New Chemicals Branch, managing the premanufacture notice program under TSCA.
No subject will be off-limits as these EPA alumni discuss the legislative prospects of the competing bills, the process and administrative issues that will face EPA the day after a revised law is passed, and the equally interesting prospect of what the industrial chemical community will face if this once-in-a-generation chance at TSCA reform is lost. The 75-minute panel discussion will be moderated by Lynn L. Bergeson, with a 15-minute question and answer period for audience members in the room and viewing the webcast at the conclusion. Register to attend the "TSCA Reform Panel Summit," or to view the LIVE Webcast, at the ELI website. ELI membership is not required.
TSCA Reform Summit Information Flyer
Wondering where we are now and what may happen to the Toxic Substances Control Act (TSCA) reform when Congress is back in session? "TSCA Reform: The Current State of Play," featuring Lynn L. Bergeson and hosted by Compliance & Risks, will bring you up to date on the very latest developments in the Congress and key regulatory developments and initiatives should TSCA reform fail to materialize. If Congress is unable to enact new TSCA measures, many question whether the law will be revised before the Presidential elections in 2016, which means TSCA reform would not occur until 2017 or later. This would put renewed pressure on the U.S. Environmental Protection Agency (EPA) to deploy its current authority in new and even more innovative ways. Free registration is available online.
On June 2 and 3, 2015, the House Committee on Energy and Commerce held a markup hearing for the TSCA Modernization Act of 2015 (H.R. 2576) after years of progress on Toxic Substances Control Act (TSCA) Reform. The bill was praised for its bipartisan support as well as the removal of burdensome testing that has hindered the implementation of TSCA. The modernized TSCA will change how EPA regulates existing chemicals, with EPA first deciding if a chemical poses an unreasonable risk under its conditions of use, and then deciding how to manage the risk. A technical amendment was added to the Act and the Committee passed the amended bill. Committee Chair Fred Upton (R-MI) expects the bill to be on the House floor by the end of June 2015. Bergeson & Campbell, P.C. has published a memorandum on the hearing and a memorandum providing a detailed analysis of the slightly revised version of the bill on its website.
On April 28, 2015, the U.S. Senate Committee on Environment and Public Works (EPW Committee) passed by a 15-5 vote a version of S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This action by the EPW Committee paves the way for consideration of S. 697 -- legislation to reform the Toxic Substances Control Act of 1976 (TSCA) -- by the full U.S. Senate. The authors of S. 697, Senators David Vitter (R-LA) and Tom Udall (D-NM), were able to secure the support of four Democrats on the EPW Committee by making certain amendments to the original version of the bill. Several of these amendments were targeted at strengthening states' ability to regulate harmful chemicals. It is currently unclear when S. 697 may be placed on the Senate calendar for consideration.
A preliminary analysis of the version of S. 697 passed by the EPW Committee is available on the Bergeson & Campbell, P.C. (B&C®) website. A more detailed analysis is forthcoming.
On April 14, 2015, the U.S. House of
Representatives' Energy & Commerce Committee's
Subcommittee on Environment and the Economy held a
on the TSCA Modernization Act of 2015
discussion draft (TMA-DD). An analysis of the April
7, 2015, TMA-DD is available on the
Campbell, P.C. (B&C®) website. The April 14, 2015,
witnesses' testimonies are posted on the
Commerce Committee website.
On April 7, 2015, the
U.S. House of Representatives' Committee on Energy and Commerce announced
that the Subcommittee on Environment and the Economy will hold a legislative hearing
on a new discussion
draft of the TSCA [Toxic Substances Control Act] Modernization Act,
released by Committee Chair John Shimkus (R-IL) the same day -- April 7, 2015.
The hearing is scheduled for Tuesday,
April 14, 2015, at 10:15 a.m. (EDT) in Room 2322 of the Rayburn
House Office Building. U.S. Environmental Protection Agency (EPA) Assistant
Administrator Jim Jones and other stakeholders are expected to testify at the
hearing. Full coverage of TSCA Reform is available on Bergeson & Campbell,
P.C.'s (B&C®) TSCA
Reform News and Info website. The Biobased and Renewable Products
Advocacy Group (BRAG®) is an affiliate of B&C.
On March 18, 2015, the U.S. Senate Committee on Environment and
Public Works (EPW) held a hearing
on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697).
Supporters of S. 697 maintain that it significantly improves the Toxic
Substances Control Act (TSCA) by providing more authority and funding to the
U.S. Environmental Protection Agency (EPA) to regulate new and existing
chemicals. Critics of the bill argue that while the perfect may be the enemy of
the good, S. 697 is not a good bill. An
overview of the hearing, the key statements from witnesses, and a commentary is
posted on the Bergeson & Campbell, P.C. (B&C®) website.