Section of Environment, Energy, and Resources

Pesticides, Chemical Regulation, and Right-to-Know Committee

2008-2009 Committee Chair:
Mark N. Duvall
[mnduvall@dow.com]

Message from the Chair

Welcome to the Committee on Pesticides, Chemical Regulation, and Right-to-Know homepage. The Committee serves as the Section’s primary forum for discussing, monitoring, and engaging in federal, state, and international matters affecting pesticides, chemicals, right-to-know, and related issues related to chemicals, primarily as they relate to products, mainly (but not only!) under these authorities:

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
The Toxic Substances Control Act (TSCA)
The Food Quality Protection Act (FQPA)
The Emergency Planning and Community Right-to-Know Act (EPCRA)
The European Union regulation on Registration, Evaluation, Authorization, and Restriction of Chemicals (REACH)
Related developments in other regions, such as Canada, and at the state and local level in the United States.

Some of the key issues that the Committee plans to address in 2008-2009 include:

TSCA Reauthorization — The new Congress and Administration are expected to build on current bills and dialogue at the state and federal level to overhaul TSCA. This debate will be influenced by such international developments as REACH; state ideas such as California’s Green Chemistry Initiative; the challenge of applying current TSCA regulations to new engineered nanomaterials; and the feasibility of promoting alternatives to amending TSCA.
REACH Implementation — After years of debate and planning, REACH has taken effect. This European program is having a substantial impact on U.S. manufacturers whose products are exported to the EU, as they now must address REACH implementation under most circumstances.
Nanotechnology Regulation — The Committee will continue its previous work on the developing regulatory framework for engineered nanomaterials under a variety of statutes and will participate in the public dialogue on appropriate regulation of these innovative materials for which testing methodologies, risk assessment tools, and control mechanisms may not be well adapted.
Impact of the Endangered Species Act on Pesticides — Perhaps the most important issue in regulation of pesticides today relates to the Endangered Species Act, which can significantly curtail the usage of pesticides. The Committee will play an important role in bringing the various stakeholders together to discuss ESA problems and solutions.
Endocrine Modifiers — More than a decade after enactment of the FQPA, EPA is moving forward decisively on testing of pesticides and other chemicals for potential endocrine effects. The science, the regulatory approach, and practical alternatives are all topics of importance and interest.
Registration Review for Older Pesticides — As EPA’s Office of Pesticide Programs winds down the “Reregistration” process under FIFRA, it is ramping up the successor program: “Registration Review.” This program will raise interesting questions for EPA, registrants, users, and other stakeholders.
Development of “Green” Pesticides and Chemicals — EPA has instituted incentive programs such as Design for the Environment, and third parties have developed “green” certification programs such as “green guide” labeling, to promote the development and commercial success of lower-risk pesticides. Nanotechnology is offering ways to target pesticides more effectively so as to reduce usage and otherwise develop lower-risk pesticides. These developments have important implications for future pesticide development and use.
Role of the Retailers in Market Decisions — An emerging trend is the practice of major retailers dictating to the upstream supply chain what chemicals they will not accept in products, demanding development of “green” packaging and products, and otherwise influencing the use and/or deselection of chemicals in products. This non-governmental mechanism for chemicals management is having a profound impact on the current use of chemicals.
“Green” Marketing — At all levels of the supply chain, sellers are responding to customer demands for “green” products by presenting “green” claims about their products. Such claims have triggered both claims of “greenwashing” and governmental interest around the world.
State vs. Federal Interpretations — For some programs, such as the EPRCA Tier II reporting requirements, EPA and state agencies that implement the same or similar statutes are interpreting the same or similar provisions inconsistently (e.g., with respect to reporting thresholds for shared facilities such as warehouses). Identification of these inconsistencies and ideas for resolving them can have a significant impact on the regulated community.
PCB Cleanup Standards — The respective roles of EPA offices and states and different and sometimes inconsistent statutes and regulations have created conflicts over who controls PCB cleanups, and under what standards.

The Committee intends to sponsor dialogue on these issues through Quick Teleconferences, presentations at various ABA meetings, newsletter articles, periodic half-day meetings on pesticide law or other topics, and other means.
Our membership includes lawyers who advise governments, non-governmental organizations, and companies of all sizes on issues ranging from pesticide tolerances in foods, antimicrobial products, the transport of dangerous goods, and chemical facility security. We encourage all interested practitioners to join us for the exciting time ahead. Join the committee.

Mark N. Duvall

Section Nanotechnology Project

The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) is pleased to make available the results of a comprehensive review of the core federal environmental statutes to assess the suitability of each to address issues pertinent to human health and the environment arising from applications of nanotechnology. Earlier this year, the Section offered to brief representatives of the U.S. Environmental Protection Agency (EPA) Office of General Counsel (OGC) and pertinent other EPA representatives in EPA program offices on legal and regulatory issues arising in connection with the application of existing statutory and regulatory authorities to engineered nanoscale materials. Specifically, the Section offered to prepare detailed briefing documents on each of the six core environmental statutes, and a briefing document on innovative governance mechanisms, that identify key legal and regulatory issues EPA can be expected to encounter as it considers how best to address issues likely to arise in connection with nanotechnology.

Section Nanotechnology Project Home Page

Regulation of Nanoscale Materials under the Toxic Substances Control Act

The Adequacy of FIFRA to Regulate Nanotechnology-Based Pesticides