TSCA Reform: What Does It Mean For You? - A GMA Webinar


Charles M. Auer
Charles Auer & Associates, LLC

Charles M. Auer was formerly the Director of EPA’s Office of Pollution Prevention and Toxics and retired from the Agency in January 2009 after a 32 year career with EPA working on chemical assessment and management issues under the Toxic Substances Control Act (TSCA).  As the Director of OPPT he was responsible for oversight of TSCA and its efforts to assess and manage new and existing chemicals (including nanoscale materials), chemical testing, and efforts to address national priority chemicals such as PFOS/PFOA, lead, PCBs, mercury, etc.

Earlier in his EPA career, he worked as a staff chemist, risk assessor, and risk manager with a particular focus on new chemicals.  He was the Chairman of OPPT's Structure Activity Team (SAT) during the early years of the New Chemicals Program.  He subsequently moved into management positions, including 10 years as Director of the Chemical Control Division (with responsibility for new and existing chemicals notification/reporting, testing, and risk management) and 6+ years as the Office Director.

During his time at EPA, the Office was responsible for numerous regulatory and collaborative efforts such as new chemicals notification and control, §4 testing, the High Production Volume (HPV) Challenge program, amendments to the Inventory Update Rule (IUR), Presidential Green Chemistry Challenge, Design for the Environment (DfE), Nanoscale Materials Stewardship Program, Chemical Assessment and Management Program, PFOA 2010/2015 Stewardship Program, and other voluntary and regulatory efforts.  OPPT also had a lead role in promoting pollution prevention and green chemistry both within the agency and with external stakeholders.

A chemist by training, Mr. Auer has broad experience in assessment and management of new and existing chemicals, genetically engineered microorganisms, and nanoscale materials.  Mr. Auer also has broad international experience in working with the Organization for Economic Cooperation and Development (OECD) and the United Nations Environment Program (UNEP).  Regarding the latter, he was involved in negotiation and implementation of the Stockholm Convention on Persistent Organic Pollutants (POPs), the Rotterdam Convention on Prior Informed Consent (PIC), and the Dubai Declaration on the Strategic Approach to International Chemicals Management (SAICM).  He also had extensive bilateral and multilateral interaction with the European Union, Canada, Japan, China, and other major US trading partners.

Richard E. Engler, Ph.D.
Senior Chemist
Bergeson & Campbell PC

Richard E. Engler, Ph.D. is Senior Chemist with Bergeson & Campbell, P.C. (B&C®).  Dr. Engler is a 17-year veteran of the U.S. Environmental Protection Agency (EPA) and is one of the most widely recognized experts in the field of green chemistry, having served as senior staff scientist in EPA's Office of Pollution Prevention and Toxics (OPPT) and leader of EPA's Green Chemistry Program.  He has participated in thousands of Toxic Substances Control Act (TSCA) substance reviews at EPA, as well as pre-notice and post-review meetings with submitters to resolve complex or difficult cases, and he draws upon this invaluable experience to assist B&C clients as they develop and commercialize novel chemistries. 

Dr. Engler's expansive understanding of the specific challenges and opportunities TSCA presents for green and sustainable chemistry is a powerful asset for clients during regulatory review.  He assists clients in performing toxicological reviews, performing environmental fate modeling using Sustainable Futures tools, and preparing scientific and test data for regulatory submission.  He is particularly skilled in preparing Pollution Prevention (P2) statements to highlight the concrete environmental benefits of biobased or renewable chemicals, as well as other sustainable chemistry products and processes.

During his years at EPA, Dr. Engler was an advocate for green chemistry and leader of the Presidential Green Chemistry Challenge Awards, served many years on the organizing committee of the American Chemistry Society's Green Chemistry & Engineering Conference, performed relevancy reviews for EPA's Office of Research and Development Small Business Innovation Results funding, and represented EPA on the NSF/GCI/ANSI 355: Greener Chemicals and Processes Information Standard development committee, where he served as Vice-Chair.  He also taught risk-based decision-making at the University of California, Berkeley Extension's Green Chemistry Certificate program.

Dr. Engler holds a Ph.D. in physical organic chemistry from the University of California, San Diego, and taught classes in organic chemistry there and at the University of San Diego prior to joining EPA.

Lynn L. Bergeson
Managing Partner
Bergeson & Campbell PC

Owner of Bergeson & Campbell, P.C. (B&C®), Lynn L. Bergeson has earned an international reputation for her deep and expansive understanding of the Toxic Substances Control Act (TSCA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), European Union Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), and especially how these regulatory programs pertain to nanotechnology, industrial biotechnology, synthetic biology, and other emerging transformative technologies. Her knowledge of and involvement in the policy process allows her to develop client-focused strategies whether advocating before Congress, the U.S. Environmental Protection Agency (EPA), the U.S. Food and Drug Administration (FDA), or other governance and standard-setting bodies.

Ms. Bergeson counsels corporations, trade associations, and business consortia on a wide range of issues pertaining to chemical hazard, exposure and risk assessment, risk communication, minimizing legal liability, and evolving regulatory and policy matters pertinent to conventional, biobased, and nanoscale chemicals, particularly with respect to TSCA, FIFRA, Food Quality Protection Act (FQPA), REACH and REACH-like programs, and Occupational Safety and Health Administration (OSHA) matters.

She served as chair of the American Bar Association Section of Environment, Energy, and Resources, and has served in many Section leadership positions. She has served on the Board of Directors of the Environmental Law Institute, the NanoBusiness Commercialization Association, and the Product Stewardship Society, among other business and law organizations, and lectures and writes frequently on legal, regulatory, and science policy issues. Ms. Bergeson is also President of The Acta Group (Acta®), B&C's scientific and regulatory consulting arm, which assists chemical and product manufacturers in marketing and sustaining their products globally, and President of B&C Consortia Management, L.L.C., which helps the chemical industry leverage resources and maximize impact by forming consortia to achieve shared research, testing, regulatory, and access goals.

According to the Chambers USA Guide: "The universally highly regarded Lynn Bergeson of Bergeson & Campbell, P.C. has developed an enviable reputation in chemical and pesticide regulatory work, with particular expertise in nanotechnology. She is probably the premier pesticide lawyer in DC,' notes one impressed commentator. Peers predict that she is set to become 'one of the most important lawyers in America.'"

Michael Gruber
Vice President of Federal Affairs
Grocery Manufacturers Association

Michael Gruber has almost 20 years of experience in policymaking, advocacy and campaigns.  He joined GMA from the House Committee on Energy and Commerce where he served as senior policy advisor.  He acts as primary budget and appropriations policy advisor to the full Committee and as liaison to the Congressional Budget Office and House Budget Committee to determine the cost of legislative proposals.

Prior to his work on the Energy and Commerce Committee, Gruber worked for Rep. Tom Latham (R-IA) for more than eight years, first as chief of staff, and later as appropriations associate. In this role, Gruber served as chief liaison to the Appropriations Subcommittee on Agriculture, Rural Development and the Food and Drug Administration.  He got his start in government as a legislative assistant for Rep. George Nethercutt (R-WA), later going on to serve as his district director.  Gruber’s Hill experience is supplemented by private sector stints in public relations and federal affairs.