TSCA one year on: practical workshop

TSCA Overview

(Pillsbury Winthrop Shaw Pittman LLP and Bick Law LLP)

• TSCA's overarching goal and how it works
• Scope of regulation and key definitions
• The heart of the statute: Sections 4, 5, 6, and 8
• Export/import considerations: Sections 12 and 13
• PCBs (40 CFR Part 761), LBP (Title IV), and asbestos
• How TSCA fits in with other environmental and safety laws

TSCA Section 5 – Emphasizing the PMN Process

(Pillsbury Winthrop Shaw Pittman LLP and Exponent)

• What information and analysis is necessary to obtain EPA approval for PMNs and other Section 5 applications?
• New standard for affirmative approval under the 2016 Amendments
• Basic types of toxicity and ecological fate and transport studies; how much do they cost? How long do they take to perform?
• Practical tips re: advance planning and pre-submission meeting with EPA
• Worker exposure now as a susceptible population and influence on new chemical assessments
• Low Volume Exemption and Test Marketing Exemption applications
• SNURs
• 5(e) orders

Workshop leaders include:

Reza Zarghamee

Partner, Pillsbury Law

Matthew Morrison

Partner, Pillsbury Winthrop Shaw Pittman LLP

(Pillsbury Winthrop Shaw Pittman LLP/ Exponent)

• TSCA Inventory Reset Rule
• Prioritization Process Rule
• Guidance for Risk Evaluations conducted by industry
• How changes in definition of susceptible populations to include workers will affect TSCA risk evaluations
• Changes to scientific standards  

Detailed Discussion of What Constitutes “Sound Science”

• Best available science
• Weight of evidence
• Risk evaluations - incorporating both hazard and exposure
• Use of modeling and surrogates in lieu of testing

(Exponent)

EPA Enforcement

(Pillsbury Winthrop Shaw Pittman LLP)

• TSCA penalty provisions
• Functional changes to the EPA Audit Policy
• What to expect from Trump Administration
• Broader EPA enforcement trends

State Law Considerations

• State pre-emption in TSCA reform
• California's Proposition 65
• Green Chemistry
• Other state law issues

Questions and Answers

Concluding Remarks

(Pillsbury Winthrop Shaw Pittman LLP and Bick Law LLP)

• Anticipated rule makings and legal challenges
• What companies can do to ensure compliance and stay abreast of developments?

Corrie Plant

Partner, Bick Law

Elaine Freeman

Managing Scientist, Exponent

Jane Staveley

Senior Managing Scientist, Exponent

William Goodfellow Jr

Principal Scientist, Exponent