Toxic Substances Control Act (TSCA): Monitoring Strategies for Compliance
For the past years, the number of chemical substances manufactured, processed, distributed, and disposed in the U.S. has significantly increased. This upward trend has led to tougher reporting requirements and restrictions for manufacturers, importers, and handlers. In order to avoid potential risks and unwanted costs, companies should carefully review and assess their production/import records and keep track of the deadlines posted by the U.S. Environmental Protection Agency.
In this LIVE Webcast, a seasoned panel of thought leaders and professionals brought together by The Knowledge Group will provide the audience with an in-depth analysis of the fundamentals as well as recent developments related to the Toxic Substances Control Act (TSCA). The speakers will also help the audience understand TSCA features and will offer practical monitoring strategies for TSCA compliance.
Key topics include:
- The Toxic Substances Control Act (TSCA) - An Overview
- TSCA Monitoring Strategies
- TSCA New and Existing Chemicals
- Identifying Risks and Pitfalls
- Recent Trends, Developments and Updates
Dr. John R. Wheeler, President
Author, TSCA Compliance Guide & TSCA Compliance Online
COMPLYING WITH TSCA IN 2017 AND BEYOND
- The “New” TSCA: what’s changed and what’s not
- An overview of the 2016 Lautenberg Amendments to TSCA, and how they have (and have not) affected day-to-day company compliance obligations.
- The “Rarer than a Blue Moon” Rule: Opportunities for non-compliance
- A review of the Chemical Data Reporting Rule (“CDR Rule”), which takes effect once every four years.
- Reducing (and even eliminating) penalties for non-compliance
- EPA’s penalty policies and self-disclosure opportunities can substantially reduce or eliminate penalties for non-compliance.
- OMG, we don’t comply! What to do next
- Options when it appears that there is non-compliance.
John McGahren, Partner
Morgan, Lewis & Bockius LLP
- Recent Final Rules and EPA Guidance – EPA has until June 22, 2017 to publish in the Federal Registrar a number of key final rules and guidances.
- On June 1, 2017, EPA submitted to OMB its final rulemaking on the Procedures for Evaluating Existing Chemical Risks under TSCA. This rule will be used to determine whether a chemical presents an unreasonable risk of injury to health or the environment. The rule will also identify steps of a risk evaluation process.
- On May 23, 2017, EPA submitted to OMB its final rulemaking on the Procedures for Prioritization of Chemicals for Risk Evaluation under TSCA. The proposed rule described the processes for identifying potential candidates for prioritization, selecting a candidate, screening the candidate against certain criteria, and proposing a final priority designation.
- On June 13, 2017, EPA submitted to OMB its draft Guidance to Assist Interested Persons in Developing and Submitting Draft Risk Evaluations under TSCA. This guidance is required under section 26(L)(5) and will likely provide key insights into EPA’s thinking on risk evaluations.
- Trump Administration Deregulatory Focus
- EPA Administrator Scott Pruitt has begun to appoint individuals to senior team vacancies. On April 21, Administrator Pruitt hired Dr. Nancy Beck (PhD) as the Principal Deputy Assistant Administrator for EPA’s Office of Chemical Safety and Pollution Prevention. For the past five years, Dr. Beck served as Senior Director for Regulatory Science Policy at the American Chemistry Council and previously served in OMB as an analyst. Her appointment has led to displeasure amongst pro-environmental groups because she has been a staunch critic of how EPA conducts chemical risk assessments and EPA’s Integrated Risk Information System (IRIS).
- In order to help gov’t agencies come into compliance with Executive Orders 13771 & 13777, the US Small Business Administration has instituted a number of regional small business roundtables to hear from small business owners re: the regulatory burdens they are facing. The forum hopes to identify agency regulations for reform or elimination.
- Potential Changes in Chemical Testing – Pursuant to amended TSCA section 4(h)(2), by June 2018, EPA must develop a strategic plan that will “promote the development and implementation of alternative test methods and strategies to reduce, refine, or replace vertebrate animal testing and provide information of equivalent or better scientific quality and relevance for assessing risks of injury.” Industry stakeholders believe that this new process could lead to faster testing at less cost. Although the strategic plan is not due for another year, industry stakeholders have already begun drafting articles aimed at influencing EPA’s decision.
Who Should Attend:
- Product Liability Attorneys
- Product Liability Officers
- Environmental Lawyers
- Healthcare Attorneys
- Chemical Manufacturers and Processors
- Importers and Handlers
- Compliance Officers
- Risk Assessment Managers
John McGahren is the Princeton litigation practice leader and deputy chair of the firm’s global environmental practice. John counsels clients on litigation, enforcement, and transactional matters. He prosecutes and defends citizen suits, Superfund and RCRA disputes, Clean Water and Air Act litigation, state law actions, and natural resource damage claims. He represents clients in commercial litigation, products liability, toxic tort, and government contract claims. John frequently provides counsel on US federal and state regulatory matters and investigations.
John serves as a federal mediator for the District of New Jersey and as a state mediator for the New Jersey Supreme Court Civil Mediation Program. As part of his volunteer work, he has been a member of the board of directors of NJ Law and Education Empowerment Project, which empowers urban youth from underserved neighborhoods to perform at high academic levels.
Before practicing law, John was a licensed professional engineer in the US Environmental Protection Agency Region II Superfund program, working on sites in New York, New Jersey, and Puerto Rico.
John McGahren is the Princeton litigation practice leader and deputy chair of the firm’s global environmental practice. John counsels clients …
John Wheeler is the author of the 6-volume TSCA Compliance Guide, and maintains the website TSCA Compliance Online, at www.TSCA.com. Both the book and website provide compliance-oriented information to assist companies in understanding and complying with TSCA requirements. The book and website have been relied upon by more than 1000 companies.
John is a Ph.D. scientist and practicing attorney with degrees in chemistry and biology. He works with company management and compliance personnel to evaluate whether a company is in compliance with TSCA, provides compliance assistance and advice, and represents clients before the EPA to resolve TSCA issues.
In addition to providing legal counsel, John served as the director of the product stewardship department of a major chemical company. He also works in other environmental compliance areas, has helped negotiate more than 50 Superfund site settlements nationwide, and represents companies before the EPA, OSHA, FDA, and other Federal, state, and local regulatory agencies on a variety of compliance matters.
John Wheeler is the author of the 6-volume TSCA Compliance Guide, and maintains the website TSCA Compliance Online, at www.TSCA.com. …
Print and review course materials
Method of Presentation:
Experience in environmental law
NASBA Field of Study:
Management Services - Technical
NY Category of CLE Credit:
Areas of Professional Practice
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