TSCA Reform News & Information
The "New TSCA" Webinar 1 - Overview and Summary of Major Changes: What to Expect and When to Expect It, June 13, 2016, 11:00 a.m. (EDT), 8:00 a.m. (PDT)
Chemical Watch complimentary webinar series on the "new" TSCA. The first webinar, "TSCA Overview and Summary of Major Changes: What to Expect and When to Expect It" features panelists Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.; Richard A. Denison, Ph.D., Lead Senior Scientist, Environmental Defense Fund; Charles M. Auer, Charles Auer & Associates, LLC, former Director of the Office of Pollution Prevention and Toxics (OPPT), U.S. Environmental Protection Agency (EPA); and James V. Aidala, Senior Government Affairs Consultant, Bergeson & Campbell P.C., former EPA Assistant Administrator for Toxics. To request webinar materials, contact firstname.lastname@example.org.
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.
All TSCA Reform Memoranda
- May 3, 2016
TRANSCRIPT: "TSCA Reform: What’s Happening, and What’s Next?"
- March 7, 2016
TSCA Reform: Administration Letter Submitted to Congress on TSCA Reform Legislation
- January 6, 2016
Predictions and Outlook for EPA's Office of Chemical Safety and Pollution Prevention (OCSPP) 2016
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TSCA Reform Articles by B&C
Lynn L. Bergeson, “In-House Counsel Beware: TSCA Reform Impacts Everyone,” Law360, June 15, 2016. In-house counsel unfamiliar with the tsunami-like changes in domestic chemical management headed our way soon may wish to read this article. If you think for a second that the extensive revisions to the Toxic Substances Control Act (TSCA) expected to be enacted imminently do not impact your legal practice or your client’s business operations, think again. TSCA reform impacts virtually every business sector in the United States, and will continue to do so for years to come. Here are the reasons why you should care.
- Lynn L. Bergeson, "TSCA Reform: Is It Still in Our Future?," Industrial Biotechnology, April 5, 2016. Toxic Substances Control Act (TSCA) reform has been a "work in progress" for years. House and Senate passage in 2015 of substantive TSCA reform measures considerably improved the odds that Congress would enact TSCA-reform legislation in 2016. Recent events suggest otherwise, however, and as of this writing in mid-March the fate of TSCA reform remains decidedly uncertain.
- 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. The American Bar Association (ABA) Section of Environment, Energy, and Resources (SEER) Special Committee on TSCA Reform assembled a group of former U.S. Environmental Protection Agency (EPA) senior officials, both career staff and political appointees, of past Administrations, both Democrat and Republican, to offer their thoughts on Toxic Substances Control Act (TSCA) reform.
- 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," Bloomberg BNA Daily Environment Report, July 23, 2015. Competing proposals are working their way through the House and Senate to amend the Toxic Substances Control Act, the nation's primary law for managing chemicals in commerce. In this article, former senior Environmental Protection Agency officials Charles Auer and James Aidala and attorney Lynn Bergeson discuss making the bill clearer and how congressional direction can be provided on what EPA is to do with certain new provisions to implement them in the first years of any amended TSCA.
- Lynn L. Bergeson, "TSCA Reform May Be Closer Than You Think," Chemical Processing, May 18, 2015. On April 28, 2015, the Senate Committee on Environment and Public Works held a hearing to consider the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Since then, S. 697 has gained additional backing from both Republicans and Democrats. These events are important because they demonstrate significant bipartisan support for reform of the Toxic Substances Control Act (TSCA), and suggest TSCA reform actually may be in our future.
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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. Includes five white papers on TSCA: (1) Overview of TSCA; (2) Trade Secret and Confidential Business Information Briefing Paper; (3) Preemption of Private Rights of Action Under TSCA and TSCA Legislation Briefing Paper; (4) Standard for Taking Regulatory Action Under TSCA ("Safety Standard") Briefing Paper; and (5) Preemption of State Laws and Regulations Briefing Paper.
- Environmental Law Institute TSCA and TSCA Reform resources.