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TSCA Hot Topics: Inventory Reset and Strategies for Complying, and Update on Section 5


This is a complimentary program sponsored by Bergeson & Campbell. 

Bergeson & Campbell 

With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the June 2017 copy of the Toxic Substances Control Act (TSCA) Inventory (Inventory), the magnitude of effort that will be needed to comply with the Section 8(b)(4) inventory notification process is becoming clear. Even with EPA’s decision to designate as “active” substances that were subject to Notices of Commencement during the look-back period, manufacturers, importers, and processors must carefully review records to determine which of the over 72,000 substances not included on the current interim active list were manufactured, imported, or processed in the 10-year look-back period and waste no time in preparing to meet their obligations.

New TSCA requires that EPA review and make determinations on all new chemicals notifications submitted to EPA. These changes, which were effective as of the June 2016 enactment of the amended law, presented implementation challenges for EPA with the result that a backlog of unresolved premanufacture notification (PMN) cases accumulated as discussed in the June 12, 2017 Bloomberg BNA webinar“Reviewing New Chemicals under Amended TSCA:  Impact on Innovation”. EPA committed to and has largely eliminated this backlog. The panel will provide an update on EPA’s progress in addressing the backlog and discuss other emerging new chemical issues.

The webinar will be presented by a panel of former EPA officials and seasoned regulatory professionals discussing how to prepare for the forthcoming inventory notification deadlines and an update on EPA’s new chemical review process.

The webinar will consist of 75 minutes of presentation followed by a 15-minute Q&A.

Educational Objectives:
This 90-minute webinar will cover:
• Section 5 Inventory Reporting requirements and strategies 
• How to recognize and avoid when reporting
• Current state of play of EPA’s new chemicals review process 
• What you can do now to ensure your chemicals and chemical products get to market and stay there

Who would benefit most from attending this program?
Legal and regulatory practitioners engaged in chemical management law and policy; corporate Washington affairs teams; in-house legal and regulatory staff; scientists involved with “regulatory science”; and anyone wishing to understand the status of TSCA reform legislation and the state of domestic chemical management policy may find value in this webinar.

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Charles M. Auer
  • Senior Regulatory and Policy Advisor
  • Bergeson & Campbell, P.C.

For more than three decades, Charles M. Auer, Senior Regulatory and Policy Advisor with B&C, has provided sagacious, informed, and deeply insightful guidance on legal, policy, and scientific matters related to the regulation of chemicals under TSCA and related domestic and international chemical control laws. Mr. Auer’s experience includes over 32 years at EPA, most recently as the Director of the Office of Pollution Prevention and Toxics (OPPT) that was responsible for implementation of TSCA.

Few people have managed or been as intimately involved in the application and interpretation of as many chemical regulatory requirements and policies as Mr. Auer, or have delved so deeply into the workability, implementation, and strategic issues facing “new” TSCA as a result of the sweeping changes made to TSCA under the Frank R. Lautenberg Chemical Safety for the 21st Century Act. Mr. Auer’s inherent understanding of how EPA operates and his prodigious analysis of the new law allows him to counsel clients on strategies and approaches to prepare for implementation of new TSCA, and to help clients maintain compliance and seize commercial opportunities revealed by each new precedent-setting chemical review, determination, and rulemaking from EPA. 

Richard E. Engler, Ph.D.
  • Director of Chemistry
  • Bergeson & Campbell, P.C.

Richard E. Engler, Ph.D. is Director of Chemistry with Bergeson & Campbell, P.C. (B&C®).  Dr. Engler is a 17-year veteran of the U.S. Environmental Protection Agency (EPA) and is one of the most widely recognized experts in the field of green chemistry, having served as senior staff scientist in EPA’s Office of Pollution Prevention and Toxics (OPPT) and leader of EPA’s Green Chemistry Program.  He has participated in thousands of Toxic Substances Control Act (TSCA) substance reviews at EPA, as well as pre-notice and post-review meetings with submitters to resolve complex or difficult cases, and he draws upon this invaluable experience to assist B&C clients as they develop and commercialize novel chemistries.

Jeffery Morris
  • Ph.D.
  • Director of the Office of Pollution Prevention and Toxics, U.S. Environmental Protection Agency

Jeffery Morris, Ph.D. is Director of EPA s OPPT, which regulates chemicals under TSCA as well as administers the Pollution Prevention Act. Dr. Morris has been with the EPA since 1992. Prior to his current position, Dr. Morris was OPPT s deputy director. Before coming to OPPT, he served as the National Program Director for Nanotechnology, responsible for managing EPA s Nanomaterials Research Program in EPA s Office of Research and Development ORD . Dr. Morris has also served as the Acting Director in the ORD Office of Science Policy.

Lawrence E. Culleen
  • Partner
  • Arnold & Porter Kaye Scholer

Lawrence E. Culleen is Partner at Arnold Porter Kaye Scholer. He represents clients on administrative, regulatory, and enforcement matters involving federal agencies such EPA, the U.S. Department of Agriculture USDA , FDA, and the Consumer Product Safety Commission CPSC . Prior to joining the firm, Mr. Culleen held significant positions at EPA serving as a manager in various risk management programs which oversee pesticides, chemical substances, and biotechnology products, including Chief of Staff to the Assistant Administrator Acting Director, Registration Division in the Office of Pesticide Programs Chief, New Chemicals Branch and Director, Asbestos In Schools Loan and Grant Program.

Pat Rizzuto
  • Reporter
  • Bloomberg BNA

Pat’s covered chemicals, environmental health, risk assessment, and toxicity testing for 20 years at Bloomberg. Yet she continues to learn more each day about the issues she tracks.

Continuing Education

COA, 1.5 CLE
Practice Areas:
Specialized Knowledge and Applications
A basic understanding of the TSCA.
Production Date: