TSCA Reform News & Information
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), which makes important changes to the Toxic Substances Control Act (TSCA) -- the first revision of our domestic chemical management law in 40 years. Stakeholders will need immediately to understand what the "new TSCA" means for their industrial operations and strategically adjust their global operations to the new law.
Bergeson & Campbell, P.C.'s (B&C®) lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding the ongoing TSCA reform implementation efforts, as well as related state regulatory initiatives such as California's Safer Consumer Products Regulations and Green Chemistry Initiative.
This page contains constantly updated links to commentary, analysis, articles, and regulatory documents to help those in the chemical and chemical products industry understand what they need to know about TSCA reform, and what it means to their business.
- B&C's TSCA Blog
- TSCA FAQ's
- H.R.2576 - Frank R. Lautenberg Chemical Safety for the 21st Century Act enrolled bill
- The Frank R. Lautenberg Chemical Safety for the 21st Century Act: Frequent Questions EPA Q&A page
- B&C Memorandum - TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA
- B&C and Chemical Watch complimentary webinar series on the "new" TSCA. B&C clients and friends may request materials from these webinars by contacting email@example.com:
- Webinar 1 - Overview and Summary of Major Changes: What to Expect and When to Expect It, June 13, 2016
- Webinar 2 – Impacts on New Chemical Programs (Sections 4, 5, and 6), July 14, 2016
- Webinar 3 – Inventory, CDR, and CBI (Sections 8 & 14), September 12, 2016.
- Webinar 4 - Administration of the Act, Preemption, Fees, and Green Chemistry, October 4, 2016
All TSCA Reform Memoranda
December 20, 2016
TSCA: EPA Amends Procedures for TSCA Section 6 Rulemaking
September 19, 2016
EPA Announces Extension to Chemical Data Reporting (CDR) Deadline
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TSCA Reform Articles by B&C
Lynn L. Bergeson, “Report Your Nanoscale Materials,” Chemical Processing, February 17, 2017.
The U.S. Environmental Protection Agency (EPA) finally concluded January 12, 2017, a ten-year effort to issue a Toxic Substances Control Act (TSCA) Section 8(a) rule establishing reporting and recordkeeping requirements for certain discrete forms of chemical substances manufactured or processed at nanoscale. This column summarizes the rule. Reports are due to the EPA no later than May 12, 2018. The final rule is effective May 12, 2017.
- 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.
On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, and in so doing significantly revised the Toxic Substances Control Act (TSCA) for the first time since its enactment in 1976. This article reviews and analyzes TSCA as amended and focuses narrowly on how new TSCA specifically impacts nanoscale materials. Although the new TSCA dramatically changes how the Environmental Protection Agency (EPA) evaluates and manages industrial chemicals, including nanoscale chemicals, the absence of words or phrases such as nano or nanoscale materials means that there are no specific or additional requirements that apply explicitly to such materials. This was a significant shift from many of the earlier TSCA reform bills, which explicitly addressed nanoscale materials by proposing new definitions such as “substance characteristics” and “special substance characteristics” that included concepts such as size or size distribution; shape; surface structure; and reactivity. The new TSCA is noticeably silent on this subject and does not distinguish nanoscale materials or treat such materials differently from other chemical substances regulated under TSCA.
- Lynn L. Bergeson, "The EPA Seems Set for a Busy 2017 Under Trump Administration,"Chemical Processing, January 24, 2017.
Last year was full of surprises, two of which will drive much of the agenda in 2017 for the Office of Chemical Safety and Pollution Prevention (OCSPP) of the U.S. Environmental Protection Agency (EPA). First, Congress significantly amended the Toxic Substances Control Act (TSCA). Although many thought the chances of successful TSCA legislation were slim, the second surprise event was even more unexpected — the election of Donald Trump as President.
- Lynn L. Bergeson, "Next Generation Compliance and Its Implications for Industry,"Environmental Quality Management, Volume 26, Issue 1, Fall 2016.
“Next Generation Compliance” is the U.S. Environmental Protection Agency’s (EPA) signature initiative intended to increase compliance with environmental regulations by using advances in pollution monitoring and information technology and by more effectively using and designing regulations and permits to reduce pollution and enhance compliance. This column describes EPA’s initiative, discusses several examples of its applications in rulemakings and civil enforcement settlements, discusses another new compliance-related tool, eDisclosure, and outlines the implications for industry of these novel approaches to incentivizing compliance.
Lynn L. Bergeson, "EPA Speeds Review of Chemicals," Chemical Processing, October 24, 2016.
The U.S. Environmental Protection Agency (EPA) is continuing its brisk pace to be on target with implementing the new requirements of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (see “Grasp the Gravity of the New TSCA,” and “EPA Releases Q&As on New TSCA”). Congress has in its sights persistent, bioaccumulative, and toxic (PBT) chemicals — with the goal to reduce exposures to them. The EPA’s recent action to fast track review of five such chemicals does just that. Here’s what the EPA announced, and its impact on industry.
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TSCA Reform Links
Resources for understanding the Lautenberg Act Environmental Defense Fund resource page, including a redline of TSCA based on the final bill
Charles M. Auer, Frank D. Kover, James V. Aidala, Mark Greenwood, “Toxic Substances: A Half Century of Progress,” Protecting the Environment: A Half Century of Progress, EPA Alumni Association, March 1, 2016.
- "EPA’s Chemical Management Program" including updates on TSCA Reform. May 7, 2014 presentation by Jim Jones, Assistant Administrator, Office of Chemical Safety & Pollution Prevention, EPA.
- American Bar Association TSCA Reform web page.
- Environmental Law Institute TSCA and TSCA Reform resources.