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 firstname.lastname@example.org:
- 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
- January 26, 2017
TSCA: EPA Issues Interpretation of Statutory Requirements for Substantiation of CBI Claims under TSCA
- January 19, 2017
TSCA: EPA Releases Proposed Chemical Risk Evaluation Process under New TSCA
- January 18, 2017
EPA Proposes Procedures to Prioritize Chemicals for Risk Evaluation under TSCA
- January 17, 2017
TSCA: EPA Proposes Regulation of TCE Use in Vapor Degreasing under TSCA Section 6(a)
- January 17, 2017
TSCA: EPA Proposes Requirements for TSCA Inventory Notification (Active-Inactive)
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TSCA Reform Articles by B&C
Lynn L. Bergeson, Douglass Bryden, and Kindra L. Kirkeby, “Chemical Management: What All Environmental, Energy, and Resources Lawyers Need to Know about TSCA Reform and Why,” American Bar Association Section of Environment, Energy, and Resources, March 30, 2017
On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). The new law amended significantly the Toxic Substances Control Act (TSCA) and in so doing, is redefining supply chain relationships, rewriting the rules of engagement for due diligence in mergers and acquisitions, reopening debate on new avenues in product liability and tort law, and raising important questions regarding right-to-know vs. confidential business information (CBI). TSCA, as amended, is no longer an arcane chemical statute that only chemists, consultants, and counsel for chemical manufacturers need to understand. We discuss below the significant changes in commercial transactions, supply chain relationships, and related legal areas of which Section members need to be aware, anticipate, and address. We also briefly consider TSCA and its alignment and differences with the European Union’s (EU) Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) program, and speculate on the impact Brexit might have on chemical management.
Lynn L. Bergeson, “TSCA Implementation Remains On Target: The EPA is issuing framework rules on a timely basis,” Chemical Processing, March 22, 2017
Implementation of the newly amended Toxic Substances Control Act (TSCA), signed into law last June, is in full swing. The U.S. Environmental Protection Agency (EPA) has been working hard to meet statutorily imposed deadlines for promulgating three “framework” rules by June 2017. To date, the EPA is on target. This column discusses the three framework rules.
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
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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.