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
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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)

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Historical Overview (contd)

• TSCAs Roots Go Back To 1971
• CEQ determined existing statutory measures were
  inadequate
• Several well publicized events hastened TSCAs
  enactment
• Vinyl chloride
• Asbestos
• PCBs

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Historical Overview (contd)

• 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

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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

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Other Federal Chemical Programs

• Emergency Planning and Community Right-to-Know
  Act (EPCRA)
• Federal Insecticide, Fungicide, and Rodenticide
  Act (FIFRA)

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EPA Policy Initiatives

• TSCA -- Expanding Jurisdictional Reach
• Voluntary Initiatives
• Voluntary Childrens Chemical Evaluation Program
  (VCCEP)
• High Production Volume (HPV)
• Other Targeted Initiatives
• PBT
• Endocrine disruption
• Asbestos/durable fibers

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Emerging Pollutants

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

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Emerging Pollutants (contd)

• Pharmaceuticals and personal care products
• Endocrine disrupting chemicals
• Asbestos and related durable fibers
• Biotechnology
• Environmental futures nanotechnology and
  genomics

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Drivers

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

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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

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Trends/Developments (contd)

• Product Substitution -- the logical consequences
  of both hazard and risk management
• Enhanced Awareness of Sensitive Subpopulations --
  CDC National Exposure Report, childrens health
  issues, consumer applications of products with
  chemical components, etc.

13
Trends/Developments (contd)

• 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

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Trends/Developments (contd)

• 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