International Bar Association Conference

1. International Bar Association Conference Health Issues Related to Exposures to Chemicals Lynn L. Bergeson Bergeson & Campbell, P.C. http://www.lawbc.com September 15, 2003

2. Historical Overview • Toxic Substances Control Act (TSCA) • Principal law regulating chemical substances • Enacted in 1976; largely unchanged in key respects • Administered by U.S. Environmental Protection Agency (EPA)

3. Historical Overview (cont’d) • TSCA’s Roots Go Back To 1971 • CEQ determined existing statutory measures were inadequate • Several well publicized events hastened TSCA’s enactment: • Vinyl chloride • Asbestos • PCBs

4. Historical Overview (cont’d) • TSCA Title I -- Core Provisions • Data development (Section 4) • Premarket review (Section 5) • Inventory (Section 8) • CBI (Section 14) • Other TSCA Titles • Title II -- Asbestos • Title III -- Radon • Title IV -- Lead-based paint

5. TSCA Today • Successes • TSCA Inventory process works well • IUR/IURA reporting • Challenges • Data development is difficult and often contentious • CBI is difficult to implement • TSCA Section 5 new chemical reviews can be protracted

6. Other Federal Chemical Programs • Emergency Planning and Community Right-to-Know Act (EPCRA) • Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

7. EPA Policy Initiatives • TSCA -- Expanding Jurisdictional Reach • Voluntary Initiatives • Voluntary Children’s Chemical Evaluation Program (VCCEP) • High Production Volume (HPV) • Other Targeted Initiatives • PBT • Endocrine disruption • Asbestos/durable fibers

8. Emerging Pollutants • EPA Agenda • Triclosan • Perfluoro octane compounds • Toxic chemicals resulting from the disposal of electronic equipment • Bisphenol A and phthalate esters

9. Emerging Pollutants (cont’d) • Pharmaceuticals and personal care products • Endocrine disrupting chemicals • Asbestos and related durable fibers • Biotechnology • Environmental “futures”: nanotechnology and genomics

10. Drivers • Private Sector -- accountability/responsibility, precaution/prevention • Government Sector -- accountability/ responsibility/enhanced sensitivity to NGO pressures and greater reliance on policy directives and guidance

11. Trends/Developments • Volunteerism -- HPV, VCCEP • Transparency -- EPCRA, TRI, CERHR • Hazard Management vs. Risk Management -- enhanced need to manage based on hazard as opposed to risk due largely to perception of risk from hazard

12. Trends/Developments (cont’d) • Product Substitution -- the logical consequences of both hazard and risk management • Enhanced Awareness of Sensitive Subpopulations -- CDC National Exposure Report, children’s health issues, consumer applications of products with chemical components, etc.

13. Trends/Developments (cont’d) • Global Management of Risks/Data Development -- private sector increasingly taking the long view toward product management • Integrated Data Development -- growing awareness across statutes, FIFRA/TSCA cross over

14. Trends/Developments (cont’d) • Enhanced awareness of end use applications, particularly as they relate to consumer uses, and potential for product attack • Tort Liability -- REACH and related initiatives pick up steam • Toxicogenomics will have increasing influence in chemical product development, maintenance, defense • Biotechnology/Nanotechnology