Toxic Substances Control Act: New EPA Review Procedures, Unilateral Orders, Current Litigation

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, September 14, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 20, 2021

or call 1-800-926-7926

This CLE webinar will advise environmental counsel on the Toxic Substances Control Act (TSCA) regulation and increasing litigation under the Biden administration changes. The panel will discuss the significant change of course in the EPA's TSCA chemicals risk evaluation procedures, the use of unilateral test orders to resolve risks associated with high priority chemicals already approved on the market, and the use of consent orders to regulate chemicals not yet on the market.

Description

On June 30, 2021, the EPA announced a revision to the risk evaluation process under the TSCA that marks a significant step by the Biden administration regarding its strategy to layer non-statutory policy goals on top of existing statutory/regulatory schemes. Under these new processes, the EPA will review the risks associated with all uses of high priority chemicals already approved and, on the market, to determine if unreasonable risks caused by the use of these products exist and address those risks accordingly.

The broader scope of the EPA evaluations will consider additional exposure pathways, such as drinking water and ambient air exposure, as well as conditions where 1,4 dioxane is generated as a byproduct that was excluded from prior risk evaluations. As part of the Biden administration's overall philosophy on environmental justice, the EPA is developing a screening-level approach to conduct ambient air and surface water fence line assessments. EPA states that if these assessments show no unreasonable risk to the surrounding communities, the risk evaluation process can move forward.

EPA indicates that it will apply a "whole chemicals" approach to the current 10 chemicals and evaluations from now on and will make the determination once for the "whole chemical when it is clear most of the conditions of use warrant a single determination." It will withdraw the orders previously issued that found "no unreasonable risk" was found, issue revised unreasonable risk evaluations reflecting the "whole chemicals" approach, and seek public comment regarding this new approach to chemicals regulation.

Listen as our authoritative panel discusses the new processes under the TSCA, the evaluation of whole chemicals under the TSCA, and how the EPA will establish the administration's environmental justice goals under this Act. The panel will consider how these changes will affect chemical litigation and what risks the EPA's use of unilateral orders may bring.

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Outline

  1. Revised Toxic Substances Control Act of 1976
    1. Frank R. Lautenberg Chemical Safety for the 21st Century Act
      1. Exposure pathways regulated under other EPA-administered statutes
      2. Fenceline screening assessments
      3. Evaluation of worker safety
      4. Evaluation of "whole chemical"
      5. Unilateral orders
  2. Current litigation
    1. Findings of no unreasonable risk for first 10 risk evaluations

Benefits

The panel will review these and other relevant topics:

  • What changes to the TSCA were included in the Frank R. Lautenberg Chemical Safety for the 21st Century Act?
  • What are the changes to EPA approach to exposure pathways?
  • How is the EPA implementing TSCA to meet the Biden administration's environmental justice goals?
  • How is worker safety addressed in EPA’s new approach?
  • What are the new standards for evaluating a "whole chemical" under the TSCA?
  • Is the EPA's use of unilateral orders enforceable, and will it increase future litigation?

Faculty

Baptist, Erik
Erik C. Baptist

Partner
Wiley Rein

Mr. Baptist’s practice centers on providing effective legal advocacy and advice on environmental, workplace, and...  |  Read More

Estreicher, Herbert
Herbert Estreicher, Ph.D.

Partner
Keller and Heckman

Dr. Estreicher represents leading manufacturers of chemicals, pesticides, and consumer products. His broad practice in...  |  Read More

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Early Discount (through 08/20/21)

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Early Discount (through 08/20/21)

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