Charles M. Auer
Senior Regulatory and Policy Advisor
 

 
T: 301-525-3467
F: 202-557-3836
 
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EDUCATION:

BS, University of Maryland, Biochemistry, 1973

Graduate Program, Massachusetts Institute of Technology, Toxicology, 1979

 
RANKINGS & RECOGNITION:

EPA Gold Medal for Distinguished Career Service (2009)

Presidential Rank Award for Meritorious Senior Executive (2008)

EPA Award for Sustained Outstanding Contributions to International Environmental Protection (2008)

Lee M. Thomas Excellence in Management Award (1989)

EPA Seifter Memorial Award for Regulatory Science (1989)

EPA Seifter Memorial Award for Toxicology (1985)

 

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For more than three decades, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), has provided sagacious, informed, and deeply insightful guidance on legal, policy, and scientific matters related to the regulation of chemicals under the Toxic Substances Control Act (TSCA) and related domestic and international chemical control laws.  Mr. Auer’s experience includes over 32 years at the U.S. Environmental Protection Agency (EPA), most recently as the Director of the Office of Pollution Prevention and Toxics (OPPT), responsible for implementation of TSCA. He offers clients a truly exceptional level of policy and technical expertise in domestic and international chemical regulation, including chemical testing, assessment, and management of new and existing chemicals under TSCA; strategies for compliance with major U.S. trading partners and under multilateral environmental agreements such as the Stockholm Convention; approaches such as green chemistry, pollution prevention, Safer Choice, and other safer substitutes to meet corporate product stewardship goals; and commercialization of products from emerging chemical technologies, including nanotechnology, synthetic biology, and intergeneric microorganisms.

Few people on the planet have managed or been as intimately involved in the application and interpretation of as many chemical regulatory requirements and policies as Mr. Auer; fewer still have delved so deeply into the workability, implementation, and strategic issues facing “new” TSCA as a result of the sweeping changes made to TSCA under the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  Mr. Auer’s inherent understanding of how EPA operates and his prodigious analysis of the new law allows him to counsel clients on strategies and approaches to prepare for implementation of new TSCA, and to help clients maintain compliance and seize commercial opportunities revealed by each new precedent-setting chemical review, determination, and rulemaking from EPA.

During his career at EPA, Mr. Auer held a number of technical and management positions and was a member of the Senior Executive Service with responsibility for managing, leading, and resourcing scientific and policy-related organizations ranging in staff size from 50 to 350. He was a member of U.S. negotiating teams that produced strong and successful outcomes in development of the Rotterdam Convention on Prior Informed Consent (1998), Stockholm Convention on Persistent Organic Pollutants (1999-2001), Dubai Declaration on the Strategic Approach to International Chemicals Management (2005-2006), and United Nations Environment Program (UNEP) Mercury Program (2005-2007). After leaving EPA, he was principal at Charles Auer & Associates, a regulatory consulting firm he founded and for which he assisted a number of clients, including companies and trade associations.

Publications:

Books:

Lynn L. Bergeson, Charles M. Auer, Co-Editors, New TSCA: A Guide to the Lautenberg Chemical Safety Act and Its Implementation, American Bar Association Section of Environment, Energy, and Resources (2017).

Articles:

Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, "Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials," BNA Daily Environment Report, January 26, 2017.

Charles M. Auer, Lynn L. Bergeson, “Role of ‘Conditions of Use’ Under Sections 5 and 6 of Amended Toxics Law,” BNA Daily Environment Report, October 14, 2016.

Charles M. Auer, Lynn L. Bergeson, “Is The Section 5 Review Period Fixed Or Flexible In New TSCA?,” ABA Section of Environment, Energy, and Resources PCRRTK Newsletter, September 2016.

Charles M. Auer, “Old TSCA, New TSCA, and Chemical Testing,” BNA Daily Environment Report, August 16, 2016.

Lynn L. Bergeson, Charles M. Auer, “An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders,” Industrial Biotechnology, Volume 12, Issue 4, August 2016.

Kathleen M. Roberts, Richard E. Engler, Ph.D., Charles M. Auer, Lynn L. Bergeson, “An Analysis of Section 8 of the New Toxic Substances Control Act,” BNA Daily Environment Report, August 9, 2016.

Charles M. Auer, Frank D. Kover, James V. Aidala, Mark Greenwood, "Toxic Substances: A Half Century of Progress," in Protecting the Environment: A Half Century of Progress, EPA Alumni Association, March 1, 2016.

Charles M. Auer, James V. Aidala, Lynn L. Bergeson, "TSCA Reform Legislation and Its Workability: Thoughts on Steps to Help Ensure Successful Implementation at the Outset and Over Time," BNA Daily Environment Report, July 23, 2015.

Steven P. Bradbury, Christine L. Russom, Patricia K. Schmieder,Terry W. Schultz, Robert Diderich, and Charles M. Auer, “Advancing Computational Toxicology in a Regulatory Setting:  A Selected Review of the Accomplishments of Gilman D. Veith (1944–2013),” Appl. In Vitro Toxicology.  1(1), 2015, 16-25.  

Lynn L. Bergeson, Charles M. Auer, Oscar Hernandez, “Creative Adaptation: Enhancing Oversight of Synthetic Biology Under the Toxic Substances Control Act,” Industrial Biotechnology, Volume 10, Issue 5, 2014.

Lynn L. Bergeson, Charles M. Auer, and R. David Peveler, "TSCA and the Regulation of Renewable Chemicals," American Oil Chemists Inform, July/August, 2013.

"Top EPA Toxics Officials Under Obama & Bush Admins Hail Lautenberg-Vitter Bill to Reform Nation's Chemical Laws," Press release issued by U.S. Senate Committee on Environment and Public Works, May 23, 2013.

Lisa R. Burchi, Charles M. Auer, Kathleen M. Roberts, and Lynn L. Bergeson, "Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?," BNA Toxics Law Reporter, April 12, 2012.

Lynn L. Bergeson, James V. Aidala, and Charles M. Auer, "2012 Predictions for TSCA Reform and EPA Initiatives," Law360, January 19, 2012.

Lisa R. Burchi, Charles M. Auer, and Lynn L. Bergeson, "EPA’s SNUR Authority and Key Points Regarding SNURs for Former New Chemicals," BNA Daily Environment Report, September 12, 2011.

Lynn L. Bergeson, James V. Aidala, and Charles M. Auer, "The nuances of 'nano' in pesticide products," Law360, July 1, 2011.

Lynn L. Bergeson, James V. Aidala, and Charles M. Auer, "Principles for regulating nanotech," Law360, June 15, 2011.

Lynn L. Bergeson and Charles M. Auer, "Nano Disclosures: Too small to matter or too big to ignore?" Natural Resources & Environment, Winter 2011.

Charles Auer, Testimony on H.R. 5820 - the Toxic Chemicals Safety Act of 2010), before the House Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection, August 3, 2010.

James V. Aidala, Jr., Charles M. Auer, Lynn R. Goldman, M.D., and James B. Gulliford, "Practical Advice for TSCA Reform: An Insider Perspective," The American Bar Association Section of Environment, Energy, and Resources Special Committee on TSCA Reform, August 2010.

Bergeson, Lynn L. ,Charles M. Auer, and James V. Aidala, “Summary and comparison of the TSCA reform legislation,” Pesticides, Chemical Regulation, and Right-to-Know Committee Newsletter, Volume 11, No. 3, June 2010.

Auer, Charles M., Lynn L. Bergeson, and Lisa R. Burchi, “TSCA Section 5(b)(4) ‘Chemicals of Concern’ List: Questions, Issues, Concerns,” BNA Daily Environment Report, May 24, 2010.

Auer, Charles M., “Periodic reporting of hazard data, exposure information on exiting chemicals,” BNA Chemical Regulation Reporter (70 DEN B-1), April 19, 2010, 384-393.

Auer, Charles M., Lynn L. Bergeson, and  James V. Aidala, "EPA's Action Plans Signal a New Chapter for TSCA While Informing the Future Legislative Debate on Chemicals," Environmental Law Reporter (40), March 2010.

Auer, Charles M., Blake A. Biles, and Larry Culleen, “Fundamental changes could be in store for regulation of commercial chemicals,” BNA Chemical Regulation Reporter (195 DEN B-1), Oct 12, 2009.

Speaking Engagements:

“The Basics – What The New Law Does,” Chemical Watch US Regulatory Summit, Arlington, Virginia (October 27, 2016).

WEBINAR - The New TSCA Webinar 4: Preemption, PBTs, Fees, and Judicial Review,” Chemical Watch (October 4, 2016).

WEBINAR - The New TSCA Webinar 3: Inventory, CDR, and CBI,” Chemical Watch (September 12, 2016).

"Title 1 of TSCA:  Understanding Its History and Reviewing Its Impact," Testimony  before the House Energy and Commerce Subcommittee on Environment and the Economy, Washington, D.C. (June 13, 2013).


 
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