By Lynn L. Bergeson and Margaret R. Graham

The U.S. Senate Committee on Environment and Public Works (EPW) has rescheduled the full committee hearing on four U.S. Environmental Protection Agency (EPA) nominations to Wednesday, October 4, 2017, at 10:00 a.m. (EDT).  The four nominations are:

• Michael Dourson, Ph.D., for Assistant Administrator of the Office of Chemical Safety and Pollution Prevention (OCSPP);
• Matthew Leopold, Esquire, for General Counsel;
• David Ross, Esquire, for Assistant Administrator for Water; and
• William L. Wehrum, Esquire, for Assistant Administrator for Air and Radiation. 

More information on the nominees is available in our blog item Senate EPW Committee to Hold Hearing on Nominations of EPA Officials.  

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By Lynn L. Bergeson

The hearing on the nominations of four U.S. Environmental Protection Agency (EPA) officials by the U.S. Senate Committee on Environment and Public Works (EPW) scheduled for September 20, 2017, has been postponed without any specific reasons; a new hearing date has not been provided.  Bergeson & Campbell, P.C. (B&C^®) will be monitoring the Senate EPW Committee calendar for the new hearing date.

More information on the nominees is available in our blog item Senate EPW Committee to Hold Hearing on Nominations of EPA Officials.  

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By Lynn L. Bergeson and Margaret R. Graham

The U.S. Senate Committee on Environment and Public Works (EPW) has announced that it will hold a hearing on the following U.S. Environmental Protection Agency (EPA) nominations on Wednesday, September 20, 2017, from 10:00 a.m. to 12:00 p.m. (EDT):

1. Michael Dourson, Ph.D., for Assistant Administrator of the Office of Chemical Safety and Pollution Prevention (OCSPP).  Dr. Dourson is a professor in the Risk Science Center, Environmental Health, at the University of Cincinnati, Ohio, College of Medicine.  He founded the nonprofit Toxicology Excellence for Risk Assessment and has previously worked at EPA as the Associate Director of the Environmental Criteria and Assessment Office, among other positions.  Dr. Dourson has served in multiple positions at the American Board of Toxicology, Society of Toxicology, Society for Risk Analysis, and Toxicology Education Foundation. 
2. Matthew Leopold, Esquire, for General Counsel.  Mr. Leopold is currently Of Counsel at Carlton Fields Jorden Burt, P.A., and focuses on federal and state administrative cases, federal and state enforcement actions, natural resource matters, and pollution cleanup issues, especially as they relate to electric utilities.  He previously served as General Counsel for the Florida Department of Environmental Protection from 2013 to 2015 and as an attorney for the U.S. Department of Justice, Environment and Natural Resources Division, from 2007 to 2013. 
3. David Ross, Esquire, for Assistant Administrator for Water.  Mr. Ross currently serves as the Director of the Environmental Protection Unit for the Wisconsin Department of Justice where he is responsible for representing the Wisconsin Department of Natural Resources and the State of Wisconsin in federal and state court, including defending agency decisions, prosecuting environmental enforcement cases, and providing legal and policy advice on environmental and natural resources issues.  Prior to this, he served as the Senior Assistant Attorney General in the Wyoming Attorney General’s Office from 2014 to 2016, and from 2002 to 2014, he practiced law at three Washington, D.C. law firms in their environmental groups.
4. William L. Wehrum, Esquire, for Assistant Administrator for Air and Radiation.  This position’s jurisdiction includes climate change programs.  Mr. Wehrum is currently a Partner at Hunton & Williams LLP, and focuses on the regulation of oil and gas production and refining operations.  He has a long history with EPA, serving as Counsel to the Assistant Administrator for Air and Radiation from 2001 to 2005, and as the Acting Assistant Administrator for Air and Radiation from 2005 to 2007.  

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By Lynn L. Bergeson and Margaret R. Graham

On September 6, 2017, the U.S. Environmental Protection Agency (EPA) published a notice in the Federal Register extending the period for public comments on the candidates for consideration for the Science Advisory Committee on Chemicals from September 5, 2017, to September 17, 2017.  Comments can be submitted online in Docket Identification Number EPA-HQ-OPPT-2016-0713.

EPA is considering candidates for SACC membership listed in the August 26, 2016, Federal Register notice pool of requested nominees; the 29 candidates for membership identified in the December 9, 2016, Federal Register notice; and the additional candidates provided in the August 3, 2017, Federal Register notice.  More information on the background, qualification of members, and the process of obtaining nominees is available in our memorandum EPA Seeks Comment on Nominations to “Augmented” Science Advisory Committee on Chemicals.

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By Lynn L. Bergeson and Margaret R. Graham

On August 3, 2017, the U.S. Environmental Protection Agency (EPA) published a notice on further nominations to the Science Advisory Committee on Chemicals (SACC).  EPA’s notice provides the names and affiliations of 64 additional candidates currently under consideration for appointment to SACC.  Biographical sketches for these candidates will be are posted on EPA’s website. 

EPA will also be considering the 29 candidates for membership previously identified in the December 9, 2016, Federal Register notice -- their biographical sketches are available here.  EPA states that it “anticipates selecting approximately six additional SACC members with specific expertise and perspectives representing industry, labor, animal protection, government, public health, and public interest groups.”  EPA is inviting comments on the candidates to be used to assist in the selection process.  Comments are due September 5, 2017.

More information on these new nominations is available in our memorandum EPA Seeks Comment on Nominations to “Augmented” Science Advisory Committee on Chemicals.  More information on the SACC is available on our blog under key word SACC.

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By Lynn L. Bergeson and Margaret R. Graham

On August 26, 2016, the U.S. Environmental Protection Agency (EPA) issued a notice of the establishment of a Science Advisory Committee on Chemicals (SACC) under Section 9(a) of the Federal Advisory Committee Act and pursuant to Section 26(o) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  The notice also solicits comments and requests nominations for new members of the SACC.  The SACC expects to meet in person or by electronic means (e.g., via webinar) approximately three to four times a year, or as needed and approved by the Designated Federal Officer (DFO) and its meetings will be held in the Washington, D.C. metropolitan area.

EPA’s notice states that the purpose of the SACC is to “provide independent advice and expert consultation, at the request of the EPA Administrator, with respect to the scientific and technical aspects of risk assessments, methodologies, and pollution prevention measures or approaches supporting implementation of [amended TSCA].”  The SACC will be composed of approximately 14 members who will serve as Special Government Employees or Regular Government Employees (RGE).  Nine of the 14 members of the SACC will most likely be selected from existing EPA Chemical Safety Advisory Committee (CSAC) members, and EPA will select five new members from among the candidates nominated via this notice and other sources.

CSAC members who are interested and available for the SACC include:

• Holly Davies, Ph.D., Senior Toxicologist, Department of Ecology, State of Washington, Olympia, WA;
• William Doucette, Ph.D., Professor, Department of Civil and Environmental Engineering, Utah State University, Logan, UT;
• Panos G. Georgopoulos, Ph.D., Professor of Environmental and Occupational Health, Rutgers Biomedical and Health Sciences—School of Public Health, Rutgers, The State University of New Jersey, Piscataway, NJ;
• Kathleen Gilbert, Ph.D., Professor, Department of Microbiology and Immunology, University of Arkansas for Medical Sciences, Little Rock, AR;
• John Kissel, Ph.D., Professor of Environmental and Occupational Health Sciences, University of Washington, Seattle, WA;
• Jaymie Meliker, Ph.D., Associate Professor, Program in Public Health, Department of Family, Population, & Preventive Medicine, Stony Brook University, Stony Brook, NY;
• Kenneth Portier, Ph.D., Vice President, Statistics and Evaluation Center, American Cancer Society, Atlanta, GA;
• Daniel Schlenk, Ph.D., Professor of Aquatic Ecotoxicology and Environmental Toxicology, University of California, Riverside, Riverside, CA; and
• Kristina Thayer, Ph.D., Deputy Division Director of Analysis and Director, Office of Health Assessment and Translation, National Toxicology Program, National Institute of Environmental Health Sciences, Research Triangle Park, NC.

EPA states that nominated candidates should have:

• [D]emonstrated high levels of competence, knowledge, and expertise in scientific/technical fields relevant to chemical risk assessment and pollution prevention and in particular, the nominees should include representation of the following disciplines, including, but not limited to: Human health and ecological risk assessment, biostatistics, epidemiology, pediatrics, physiologically-based pharmacokinetics (PBPK), toxicology and pathology (including neurotoxicology, developmental/reproductive toxicology, and carcinogenesis), and chemical exposure to susceptible life stages and subpopulations (including women, children, and others).

EPA is also considering the differing perspectives and breadth of collective experience needed to address EPA's charge to the SACC, as well as the following:

1. Background and experiences that would contribute to the diversity of scientific viewpoints on the committee, including professional experiences in government, labor, public health, public interest, animal protection, industry, and other groups, as the EPA Administrator determines to be advisable (e.g., geographical location; social and cultural backgrounds; and professional affiliations);
2. Skills and experience working on committees and advisory panels, including demonstrated ability to work constructively and effectively in a committee setting;
3. Absence of financial conflicts of interest or the appearance of a loss of impartiality;
4. A willingness to commit adequate time for the thorough review of materials provided to the committee; and
5. Availability to participate in committee meetings.

EPA will publish the names, affiliations, and brief biographical sketches of the interested and available nominees in the Federal Register for a 30-day public comment period.  Comments and nominations are due by October 11, 2016.  Updates concerning the SACC will be available on EPA’s CSAC website.

The SACC needs to be populated with a diversity of skill sets and individuals who know how TSCA operates in real time.  Qualified industry representatives with solid TSCA credentials are urged to consider becoming a nominee to ensure the SACC represents the full spectrum of interests it was intended to reflect. 

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