American Bar Association
Pesticides, Chemical Regulation, and Right-to-Know

Pesticides, Chemical Regulation, and Right-to-Know

Committee Related Events


November 18, 2016, Friday Breakfast Forum

SPEAKER(S): Mark Garvey, Senior Attorney, US EPA Office of Civil Enforcement; John Gregory, Senior Counsel, US EPA Office of Criminal Enforcement.

TIME/LOCATION: 8:30 - 9:45 a.m.(ET), US EPA Headquarters, Clinton Federal Building, Conference Room 6226. [Please use the South Lobby Entrance, which is 33 feet due south of the Exit/Entrance to the Federal Triangle Metro Station. Also, you must present photo identification to security for admittance.]

RSVP REQUIRED: RSVP required for in-person attendees and those attending via conference call. Please send your RSVP to Joanne Thelmo ( or Mike Walker ( by Thursday, November 17th .


The Story of TSCA Reform
July 14, 2016

On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, amending the Toxic Substances Control Act for the first time since its passage in 1976. While environmental organizations, public health advocates, the regulated community, and EPA have all supported updating the law since at least 2009, political challenges seemed destined to prevent comprehensive reform. A video of panelists how ultimate success as to TSCA reform was reached is found below.

John Pendergrass, VP of Programs & Publications, Environmental Law Institute (moderator)
Lynn L. Bergeson, Managing Partner, Bergeson & Campbell PC
Sarah Brozena, Senior Director, Regulatory & Technical Affairs, American Chemistry Council
Richard Denison, Lead Senior Scientist, Environmental Defense Fund
David Goldston, Director of Government Affairs, Natural Resources Defense Council
Jim Jones, Assistant Administrator, Office of Chemical Safety & Pollution Prevention, US EPA
David J. McCarthy, Chief Counsel, Subcommittee on Environment and the Economy, House Committee on Energy and Commerce
Senator Tom Udall, US Senate (D-NM)

The video of the panel discussion is here

July 15, 2016, Friday Breakfast Forum

SPEAKER: Michael Walls, Vice President of Regulatory and Technical Affairs, American Chemistry Council.

July 19, 2016, Meet the ABA/SEER Event for "Summers"

Toxic Substances Control Act (TSCA) Reform

On June 22, 2016, the President signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amends TSCA, the Nation's primary chemicals management law. The new law addressed several issues, including:

  • Mandatory requirement for EPA to evaluate existing chemicals with clear and enforceable deadlines;

  • New risk-based safety standard;

  • Increased public transparency for chemical information; and

  • Consistent source of funding for EPA to carry out the responsibilities under any new law.

For historical reference as to TSCA, the American Bar Association Section of Environment, Energy, and Resources Pesticide, Chemical Regulation and Right-to-Know Committee, with the support of the Section’s Special Committee on Congressional Relations, in 2014 developed a variety of resources for TSCA stakeholders interested in participating in the TSCA reform debate. These resources promoted greater awareness, understanding, and dialogue on TSCA as the reform efforts were underway, and included:

  • Management of trade secret and confidential business information.

  • Development of federal pre-emption policies governing state tort law.

  • Development of federal pre-emption policies governing state statutes and regulation.

  • Development of appropriate legal standards to guide regulatory action.

Information regarding the changes to TSCA, and the 2014 historical TSCA reference materials, can be found on SEER’s new Toxic Substances Control Act (TSCA) Reform Page.

Message from the Chair

Dear Colleagues,

Welcome to the main webpage of the Pesticides, Chemical Regulation, and Right to Know Committee. We are hopeful that you will find this page to be a bountiful source of useful information on the Committee and also generally regarding chemicals regulation. The webpage is maintained by our Vice Chair of Electronic Communications, Freedom Smith, and I urge you contact Freedom with any questions, comments, or compliments regarding the webpage.

With respect to comments and suggestions, the webpage is a dynamic product that can be readily revised. Therefore, all suggestions regarding additional content that may be useful are welcome. As currently constituted, we have included brief summaries of both upcoming and past Committee programming activities; there are also links to information regarding Committee leadership, a roster of current Committee members, and a link that facilitates becoming a member of the Committee. One can also access the current and past copies of the oft-lauded PCRRTK Newsletter. We also have modules that house basic legal resources and practitioners’ guides intended to provide useful information regarding chemicals regulation law. Some of this material is a bit dated, and we are in the process of updating these materials to ensure their relevance and utility. Please bear with us as we develop these updated materials.

Finally, I’d like to note the link to the Toxic Substances Control Act (TSCA) Reform Page. As anyone with even a passing interest in chemicals regulation knows, this past summer Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), and it was signed into law by President Obama on June 22, 2016. Lautenberg significantly amended and altered key portions of TSCA. The TSCA Reform page contains outstanding content developed by our Committee members, and is a veritable font of information on the substantive content of Lautenberg, the implications of this law for chemicals producers, processors and importers, and EPA’s ongoing implementation activities. I highly recommend it to anyone interested in the past, present, or future of TSCA reform.

Keith Matthews

Related Products

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Committee Chair


Matthews, Keith

Committee Roster  

2016-2017 Committee Leadership

View the full roster of Pesticides, Chemical Regulation, and Right-To-Know Committee leadership.

View Committee Newsletters

The Committee's current newsletter, as well as an archive of past newsletters, is available via the link below.

In the September 2016 issue:

New TSCA and EPA’s Enhanced Testing Authority. Ria Rana...5

New Chemicals under New TSCA. Lynn L. Bergeson and Charles M. Auer...6

Is the Section 5 Review Period Fixed or Flexible in New TSCA? Charles M. Auer and Lynn L. Bergeson...8

New TSCA—Existing Substances. Lisa M. Campbell, Lisa R. Burchi, and Richard E. Engler, Ph.D....13

Implementing the 2016 TSCA Amendments. Lawrence E. Culleen and Camille Heyboer...17

2017 “Reset” of New TSCA Inventory Will Affect All Chemical Users, Not Just Manufacturers. James G. Votaw...19

Changes Regarding Confidential Information in New TSCA. Sara Beth Watson...21

Preemption under New TSCA. Judah Prero...23

New Fees Provisions in New TSCA. Keith A. Matthews...26

Weight of Evidence in New TSCA. Lorenz R. Rhomberg, Ph.D., ATS...27

PBT Actions under New TSCA. Martha Marrapese and Adrienne Timmel...28

New TSCA and “Articles.” Thomas C. Berger...30


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Modified by Peter Clark on November 7, 2016

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