TSCA Reform – Seven Years Later

When
June 29, 2023 8:00 am — 5:30 pm
Where
Webinar Only

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 seventh Toxic Substances Control Act Annual Conference, expanding upon TSCA 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 a host of topics, including risk evaluation, risk management, new chemical review, PFAS, and 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

8:00 AM - 8:05 AMWelcome
Madison Calhoun, Senior Manager, Educational Programs, ELI
8:05 AM - 8:25 AMReflections on the Current State of TSCA Implementation
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.
Robert M. Sussman, Principal, Sussman & Associates
8:25 AM - 8:30 AMIntroduction of Keynote Speaker
Lynn R. Goldman, M.D., Michael and Lori Milken Dean, Milken Institute School of Public Health, George Washington University
8:30 AM - 9:00 AMMorning Keynote Discussion
Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency
9:00 AM - 9:15 AMBreak
9:15 AM - 10:45 AM

Panel 1: Risk Evaluation
This panel will discuss various aspects of EPA’s risk evaluation of chemical substances. Our experts will touch on topics such as: EPA’s potential use of European Union (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) data, EPA’s use of new approach methodologies (NAM), the effectiveness of a “whole chemical approach” to risk determinations, the incorporation of cumulative risk assessment (CRA) approaches, and more.

Eve C. Gartner, Director, Crosscutting Toxics Strategies, Earthjustice, Moderator
David B. Fischer, Counsel, Keller & Heckman LLP
Rashmi Joglekar, Ph.D., Associate Director, Science & Policy, Program on Reproductive Health and the Environment (PRHE), University of California, San Francisco
Jeffery Morris, Ph.D., Director, Existing Chemicals Risk Assessment
Division, Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency
Jennifer Sass, Ph.D., Senior Scientist, Natural Resources Defense Council

10:45 AM - 11:00 AMBreak
11:00 AM - 12:30 PM

Panel 2: Risk Management
This panel will discuss EPA’s authority under the Lautenberg Amendments to manage chemical risks and options for deploying its authority. Panelists will address how EPA manages workplace risks, enforcement mechanisms for risk management restrictions, whether EPA’s risk management rulemakings are adequately addressing EJ concerns, potential legal challenges to final risk management rules, and more.

Jim Jones, President, J. Jones Environmental, Moderator
Jonathan Kalmuss-Katz, Supervising Senior Attorney, Earthjustice
W. Caffey Norman, Senior Partner, Squire Patton Boggs
Brian Symmes, Acting Director, Existing Chemicals Risk Management Division, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency
Meredith Williams, Director, California Department of Toxic Substances Control

12:30 PM - 12:45 PMBreak
12:45 PM - 1:45 PMSpecial Lunch Discussion with Former Toxics Assistant Administrators
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C., Moderator
James V. Aidala, Senior Government Affairs Consultant, Bergeson & Campbell P.C.
Alexandra Dapolito Dunn, Partner, Baker Botts LLP
Lynn R. Goldman, M.D., Michael and Lori Milken Dean, Milken Institute School of Public Health, George Washington University
Jim Jones, President, J. Jones Environmental
Steve Owens, Chairperson, U.S. Chemical Safety Hazard Investigation Board
1:45 PM - 2:00 PMBreak
2:00 PM - 3:30 PM

Panel 3: New Chemical Review
The TSCA new chemical program was significantly revised by the 2016 amendments, and what the law requires has been vigorously debated. This panel will discuss opportunities for transparency, processes to guide new chemical review, new approaches to assess chemical risks, protection of workers, section 5(e) orders, recent trends with EPA’s review of new chemical substances, and more.

Alexandra Dapolito Dunn, Partner, Baker Botts LLP, Moderator
Shari Barash, Acting Director, New Chemicals Division, U.S. Environmental Protection Agency
Maria Doa, Ph.D., Senior Director, Chemicals Policy, Environmental Defense Fund
Richard E. Engler, Ph.D., Director of Chemistry, Bergeson & Campbell, P.C.
Daniel Rosenberg, Director, Federal Toxics Policy, People & Communities Program, NRDC

3:30 PM - 3:45 PMBreak
3:45 PM - 5:15 PM

Panel 4: Per-and Polyfluoroalkyl Substances (PFAS)
This panel will discuss the unique role of TSCA, as compared to other EPA programs, in addressing the issue of per-and polyfluoroalkyl substances (PFAS). Our experts will address subjects such as: laws EPA implements to address PFAS, EPA’s working definition of PFAS,  EPA’s TSCA PFAS testing strategy, the upcoming PFAS reporting rule under TSCA, and more.

Robert M. Sussman, Principal, Sussman & Associates, Moderator
Emily Donovan, Co-Founder, Clean Cape Fear
Ben Grumbles, Executive Director, Environmental Council of the States
Matt Klasen, PFAS Council Manager, U.S. Environmental Protection Agency
Pamela Miller, Executive Director, Alaska Community Action on Toxics
Steve Risotto, Senior Director, Chemical Products & Technology, American Chemistry Council

5:15 PM - 5:30 PMConcluding Remarks and Adjournment
Jordan Diamond, President, Environmental Law Institute

 


CLE Details for this Event (Please Read, As Policy Has Been Recently Revised)

About CLE

Continuing legal education (also known as mandatory or minimum continuing legal education) is professional education for attorneys that is often required after their admission into a state bar. The information on this event page about CLE only applies to active attorneys who are attending the event (if you are not an attorney, you do not need to worry about CLE).

CLE Form

The day of the event, you will receive a link to a CLE form. Please wait to fill out the form until after you attend the webinar. The form will ask for your name, email address, the state(s) in which you are seeking CLE, your bar information, the length of time you attended the program, and for the codes you received during the webinar.

Certificates of Attendance

Participants seeking CLE credit will be expected to input codes into our Google form after the event to verify they were attentive. After we verify with our software that a virtual participant was logged into the webinar for the duration of the event (or for the duration that they reported attending, if they did not attend the full program) and provided accurate codes, we will provide them with a Certificate of Attendance via email. These certificates can be used to verify attendance and, in many cases, to apply for CLE credit individually in states.

ELI CLE Policy (Please Read, As This Has Been Recently Revised)

While this event is designed as an opportunity for attorneys to participate in continuing legal education, ELI makes no guarantee that the course will be accredited for CLE in any particular state. ELI is an accredited CLE provider in Vermont and Pennsylvania, so the course is automatically approved for CLE credit in those two states. ELI will not be applying for CLE accreditation in any other states for this program.

Many states offer reciprocity with the states in which we are pre-approved. Please check to see if your state offers CLE reciprocity with Vermont or Pennsylvania. If your state offers CLE reciprocity, you may be able to automatically receive CLE credit without filling out an application. Additionally, several states do not require CLE at all. Please also check to make sure your state requires you to take continuing legal education courses to maintain your bar membership.

  • According to ELI’s research, members of the Alaska, Connecticut, Florida, Hawaii, Illinois, Maine, New Jersey, New York, North Dakota, and Wisconsin Bars may be able to claim CLE credit for attendance, as the course has been accredited by another mandatory CLE jurisdiction.*
  • According to ELI’s research, the District of Columbia, Maryland, Massachusetts, Michigan, and South Dakota Bars currently do not have mandatory continuing legal education requirements.*

*Please double check on your own to see if your state requires CLE or offers CLE reciprocity. State CLE policies change frequently, and ELI cannot guarantee that a state has not changed its policy since we conducted our research.

If your state requires CLE and your state does not offer CLE reciprocity with Vermont or Pennsylvania, you will need to apply individually with your state bar to receive CLE credit for this course. The applications are typically short and require a minimal fee. If you are solely attending this event to obtain CLE credit, please check before registering to ensure that you will be able to submit an individual attorney application in your state and that you understand the application process, requirements, and deadlines.

  • On the day of the event, ELI will provide you with a timed agenda, faculty biographies, a course description, written materials, and a course evaluation. These are usually the only materials you will need (along with your Certificate of Attendance) to apply for individual CLE credit. Should you need any additional items, please contact us (cle@eli.org), and we will do our best to assist.

CLE Minutes

As ELI is an accredited CLE provider in Vermont and Pennsylvania, this course is automatically approved for 360 minutes of general CLE credit in Vermont and Pennsylvania. The breakdown of CLE minutes is:

  • 90 minutes of general CLE credit for Panel 1: Risk Evaluation
  • 90 minutes of general CLE credit for Panel 2: Risk Management
  • 90 minutes of general CLE credit for Panel 3: New Chemical Review
  • 90 minutes of general CLE credit for Panel 4: Per-and Polyfluoroalkyl Substances (PFAS)

There will be no CLE credit available for the Welcome, Reflections on the Current State of TSCA Implementation, Morning Keynote Discussion, Special Lunch Discussion with Former Toxics Assistant Administrators, or the Concluding Remarks and Adjournment.