The Environmental Law Institute will host its seventh annual Toxic Substances Control Act (TSCA) Reform conference on Thursday, June 29, 2023 from 8:00 a.m. – 5:30 p.m. ET. In this webinar, panelists will discuss challenges and accomplishments since the implementation of the 2016 Lautenberg Amendments and where the TSCA stands today. Topics will include risk … Continue Reading
As interest in regulating the production and use of plastics continues to grow, users of chemicals related to plastics should take note of the newly proposed “Protecting Communities from Plastics Act,” introduced in Congress on December 1, 2022 (the Act). The Act is intended to identify potential health effects of certain plastics, limit their production, and … Continue Reading
A recording of PFAS, REACH and Other Chemical Regulatory Issues the second webinar in our two-part 2022 Chemicals Workshop webinar series, in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we provided an overview of the rapidly evolving landscape related to per- and polyfluoroalkyl substances (PFAS), including the proposed … Continue Reading
A recording of TSCA Developments and US EPA Updates, the first webinar in our two-part 2022 Chemicals Workshop webinar series in partnership with the Ohio Chemistry Technology Council (OCTC), is now available. In this session, we reviewed US EPA’s implementation of the Toxic Substances Control Act (TSCA), including proposed “whole chemical” determinations and other Biden … Continue Reading
On October 5, 2022, the U.S. Environmental Protection Agency (EPA) announced its intent to streamline the review process of mixed metal oxides (MMOs). MMOs are a key component in lithium-ion batteries, which are used in electric vehicles and other clean energy initiatives, including in semi-conductors, and renewable energy generation and storage, such as in solar … Continue Reading
The United States Environmental Protection Agency (US EPA) continues to advance various aspects of its chemicals regulatory agenda under the Toxic Substances Control Act (TSCA). A key part of the Biden Administration’s revisions to the TSCA program is its planned new screening approach for assessing ambient air and water exposures to fenceline communities. This screening … Continue Reading
The US Environmental Protection Agency’s (EPA’s) December 30, 2020 issuance of its risk evaluation for asbestos under Section 6 of the Toxic Substances Control Act (TSCA) has generated considerable attention and activity, which will likely keep interested parties and the courts busy for quite some time. As background, TSCA Section 6 requires EPA to prepare risk … Continue Reading
One of the key “non-scope considerations” commonly investigated during environmental due diligence for commercial property transfers is assessment of any lead impacts from lead-based paint (LBP) and lead dust. Although the use of LBP was banned in 1978, many structures constructed before that date retain LBP on surfaces. As that LBP deteriorates over time, it … Continue Reading
On May 28, 2020, the US Environmental Protection Agency (US EPA) issued its final rule amending the definition of a “small manufacturer” under section 8(a) of the amended Toxic Substances Control Act (TSCA). As a result of the change, some manufacturers and importers who were previously subject to Chemical Data Reporting (CDR) requirements under the current … Continue Reading
Chemical manufacturers, importers and processors will be significantly impacted by a number of major events and deadlines coming up under the Toxic Substances Control Act (TSCA) in the months ahead. In June, the US EPA must complete risk evaluations on 10 substances and then initiate risk management rules that could restrict or even ban certain … Continue Reading
On April 10, 2020, US EPA issued updated interim guidance to regional offices for dealing with the “challenges posed by the COVID-19 situation.” The guidance applies to all US EPA field activities, including cleanup under the Superfund program, RCRA corrective action, TSCA PCB cleanup provisions, the Oil Pollution Act, and the Underground Storage Tank program. … Continue Reading
With the 2020 reporting period under the Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) rule rapidly approaching, the US Environmental Protection Agency (US EPA) has announced a number of key changes to the information that chemical manufacturers and importers must submit to the agency pursuant to the CDR rule. US EPA also announced … Continue Reading
As 2019 moves into its closing months, US EPA activity under the amended Toxic Substances Control Act (TSCA) remains front and center. As part of US EPA’s three-step process of prioritization, risk evaluation and risk management for existing chemicals, as we previously reported, EPA began in 2016 by identifying the first ten chemicals for risk … Continue Reading
Asbestos is in the hot seat these days and is receiving significant attention from both US EPA and Congress. In particular, US EPA continues to evaluate asbestos risks under the Toxic Substances Control Act (TSCA) and has imposed additional regulations, while Congress is currently considering an outright ban on the substance. On April 25, 2019, … Continue Reading
US EPA has announced that the formal designation of substances as inactive on US EPA’s Toxic Substances Control Act (TSCA) Inventory will become effective on August 5, 2019. (84 Fed. Reg. 21773 (May 15, 2019)). US EPA’s action gives companies an additional three months to continue to manufacture, import and process substances, even though the … Continue Reading
On April 5, 2019, US EPA finalized significant new use rules (SNURs) for 13 new chemical substances under section 5(a)(2) of the Toxic Substances Control Act (TSCA). Notably, the 13 chemicals are not also subject to orders under TSCA section 5(e) or 5(f) – an approach that differs substantially from US EPA’s long-standing past practice. … Continue Reading
The August 14, 2018 deadline for reporting under US EPA’s nanomaterials reporting rule is rapidly approaching. US EPA promulgated the rule in January 2017 under Section 8(a) of the Toxic Substances Control Act (TSCA). 82 Fed. Reg. 3641 (Jan. 12, 2017). The rule requires any person that manufactured, imported or processed a covered nanomaterial substance … Continue Reading
On June 27, 2018 US EPA formally published its final rule under the amended Toxic Substances Control Act (TSCA) to require reporting by persons who manufacture, import or intentionally use mercury and certain “mercury-added products.” 83 Fed. Reg. 30054 (June 27, 2018). The final rule is effective on August 27, 2018. US EPA was required … Continue Reading
The United States Environmental Protection Agency (US EPA) has formally released “problem formulation” documents for the risk evaluations it is conducting on the “first ten” chemical substances under the amended Toxic Substances Control Act (TSCA). Formal notice of the problem formulation documents was published in the Federal Register on June 11, 2018. Comments on the … Continue Reading
On February 26, 2018, the US Environmental Protection Agency (US EPA) formally issued its proposed rule to charge new “user fees” under the amended Toxic Substances Control Act (TSCA). The amended TSCA authorizes US EPA to charge fees for a variety of activities under TSCA sections 4, 5 and 6, totaling up to 25% of … Continue Reading
US EPA’s rule to “reset” the Toxic Substances Control Act (TSCA) Inventory of chemical substances was formally published in the Federal Register on August 11, 2017. This means that the clock is now running on the 180-day deadline for chemical manufacturers and importers to submit to US EPA the chemical substance notifications required by the … Continue Reading
On June 22, 2017, US EPA issued three major rules required by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), which amended the Toxic Substances Control Act (TSCA) in 2016. The three TSCA rules addressed: (1) “resetting” the TSCA Inventory, (2) chemical substances prioritization, and (3) risk evaluations for chemical substances. … Continue Reading
The US Environmental Protection Agency (US EPA) has issued its proposed rule outlining the process by which it will conduct risk evaluations on chemical substances under the recently amended Toxic Substances Control Act (TSCA), to determine whether the substances present an unreasonable risk of injury to health or the environment under the conditions of use. … Continue Reading
On November 29, US EPA announced the first 10 chemicals it will evaluate for potential risks to human health and the environment under the recently amended Toxic Substances Control Act (TSCA). US EPA will evaluate the 10 chemicals to determine whether they “present an unreasonable risk of injury” to health or the environment “under the … Continue Reading
