TSCA Developments 2021

Moderator:

Terry Hyland

Senior Editor, North America, Chemical Watch News & Insight, Enhesa Product Intelligence

A view of current lawsuits and their impacts

Erik Baptist

Partner, Wiley Rein LLP

TSCA has always applied to finished goods or “articles.” Historically, however, EPA has asserted TSCA jurisdiction over articles in ways that supported the narrative that TSCA is the “chemical manufacture” law. Not any more. Increasingly, TSCA applies in significant ways to articles and failure to acknowledge this fact is causing significant supply chain disruption. The PIP (3:1) experience is a case in point.  

Lynn L. Bergeson

Managing Partner, Bergeson & Campbell, USA

Panelists include:

Karyn Schmidt

Senior Director, Regulatory & Technical Affairs, American Chemistry Council (ACC), USA

Robert F. Helminiak

Vice President of Legal and Government Relations, Society of Chemical Manufacturers & Affiliates (SOCMA), USA

Riaz Zaman

Counsel, Government Affairs, American Coatings Association

Greg Harrop-Griffiths, Business Development Manager, Chemical Watch

This presentation will cover an update on what to look out for and predictions for the rules for the first ten substances subject to risk evaluation.

Melanie Rybar

Regulatory and Compliance Analyst, Enhesa Product Intelligence, USA

The mandate to evaluate risks of existing chemicals stands out as EPA’s most daunting task under the 2016 TSCA amendments.  No fewer than 25 risk evaluations are currently underway.  Each final risk evaluation triggers the start of a new one.  How EPA evaluates existing chemicals likely will change, especially under new EPA leadership.  Indeed, the next few years will largely define the future of chemical regulation under TSCA. 

This presentation will examine a few key areas fundamental to risk evaluation:    

•       Data gathering for risk evaluation
•       Regulatory-nexus (i.e., is TSCA a gap filling statute?)
•       Unreasonable risk and its application

David B. Fischer

Counsel, Keller & Heckman, US

TSCA section 6(h) requires EPA take action on specific PBT substances to address risk and reduce exposures to the extent practicable. On January 6, the EPA issued actions on five such substances. Even with the rule making process at the EPA, some were unaware of the extent of the regulation and in the case of Phenol, isopropylated phosphate (3:1) (PIP (3:1)), even unaware of the widespread use. We will discuss the 5 PBT substances, the new comment period to reexamine the rules and the hold on enforcement for PIP. We will also look at some supply chain management ideas to effectively comply with these and similar regulations.

Rose Passarella

Director - Chemicals Group, Intertek Assuris, USA

Panelists:

Jeff Morris

Chemical Policy Consultant, Jeff Morris Solutions, US

Lynn L. Bergeson

Managing Partner, Bergeson & Campbell, USA

Daniel Rosenberg

Director, Federal Toxics Policy, Healthy People & Thriving Communities Program, Natural Resources Defense Council (NRDC), US

Moderator: Terry Hyland

Senior Editor, North America, Chemical Watch News & Insight, Enhesa Product Intelligence