TSCA Reform News & Information
Chemical Safety for the 21st Century Act (S. 697)
TSCA Modernization Act of 2015 (H.R. 2576)
U.S. House of Representatives Energy and Commerce Committee, Environment and the Economy Subcommittee
TSCA Reform News Feed
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)
As we are poised to witness the reauthorization of 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 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.
TSCA Reform: Major Developments Commentary and Analysis
- Detailed Summary of Key Changes in Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) as Compared with S. 697 Passed by Senate EPW in June
This analysis reviews the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) as passed by the Senate on December 17, 2015, and compares it to the previous version of S. 697 (identified as Lautenberg2 in this analysis), passed by the Senate Environment and Public Works (EPW) Committee in June 2015.
- TSCA Modernization Act of 2015 Commentary and Analysis
On June 23, 2015, the House passed the TSCA Modernization Act of 2015 (H.R. 2576) by a vote of 398-1. The House Committee on Energy and Commerce issued a press release on June 22, 2015, noting that the bill "would bring much-needed reform to the decades-old Toxic Substances Control Act (TSCA), and is a true bipartisan breakthrough for the committee."
- The Chemical Safety Improvement Act: An In-Depth Review and Analysis
In a stunning bipartisan show of support for reform of the Toxic Substances Control Act (TSCA) that few saw coming, Senators David Vitter (R-LA) and Frank Lautenberg (D-NJ) (among bipartisan others) introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), later designated S. 1009, available online. CSIA provides a new and streamlined approach to reform TSCA that stakeholders may view favorably when compared to prior legislative templates that have been considered previously by the Senate (see online) and House of Representatives.
All TSCA Reform Memoranda
- May 3, 2016
TRANSCRIPT: "TSCA Reform: What’s Happening, and What’s Next?"
Bergeson & Campbell, P.C. (B&C®) convened a summit to examine generally the anticipated changes to TSCA, the process and implementation issues that the U.S. Environmental Protection Agency (EPA) will face once a revised law is passed, and the equally interesting prospect of what the industrial chemical community will face if this once-in-a-generation chance at TSCA reform is lost.
- March 7, 2016
TSCA Reform: Administration Letter Submitted to Congress on TSCA Reform Legislation
A January 20, 2016, letter from U.S. Environmental Protection Agency (EPA) Administrator Gina McCarthy provides the Administration's reaction to, and comments on, the Toxic Substances Control Act (TSCA) reform legislation that has passed both the House and the Senate in somewhat different forms. The differences between the bills are currently being sorted out and reconciled.
- December 22, 2015
TSCA Reform: Detailed Summary of Key Changes in Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) as Compared with S. 697 Passed by Senate EPW in June
This analysis reviews the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697) as passed by the Senate on December 17, 2015, and compares it to the previous version of S. 697 (identified as Lautenberg2 in this analysis), passed by the Senate Environment and Public Works (EPW) Committee in June 2015. This review also briefly compares S. 697 to H.R. 2576, the [Toxic Substances Control Act (TSCA)] Modernization Act of 2015, which passed the House of Representatives on June 23, 2015, to identify areas of alignment and dissonance.
- December 17, 2015
Congressional Negotiators Reach Deal on LWCF Reauthorization and Include Language Concerning Labeling Guidelines for GE Salmon
On December 16, 2015, the House Appropriations Committee released the Consolidated Appropriations Act, 2016. The 2,009-page bill includes full appropriations legislation and funding for the 12 annual appropriations bills through the end of fiscal year (FY) 2016. The bill would reauthorize the Land and Water Conservation Fund (LWCF), which expired on September 30, 2015.
- December 1, 2015
Request Recording and Materials from Panel Discussion with EPA Alumni: "TSCA Reform: What’s Happening Now, and What’s Next?"
With prospects for the Senate and House versions of TSCA reform legislation the subject of considerable speculation and conjecture, join us this Thursday, November 19, 2015, for a wide-ranging panel discussion titled "TSCA Reform: What's Happening Now, and What's Next" featuring the inside view from two former EPA Assistant Administrators, George Washington University Milken Institute School of Public Health Dean Lynn R. Goldman, M.D., M.S., M.P.H. and Bergeson & Campbell, P.C. Senior Government Affairs Consultant James V. Aidala; and Arnold & Porter LLP partner Lawrence E. Culleen, whose former EPA roles include Chief of the New Chemicals Branch, managing the premanufacture notice program under TSCA.
- Read more ...
TSCA Reform Articles by B&C
- 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.
- Lynn L. Bergeson, "House Releases Discussion Draft of TSCA Reform Legislation," Environmental Quality Management, Summer 2014. Reform of the Toxic Substances Control Act (TSCA) may be a little closer to reality since Rep. John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released on February 27, 2014, a much anticipated discussion draft that would update TSCA. The Chemicals in Commerce Act (CICA) keys off of Senate Bill (S.) 1009, the Chemical Safety Improvement Act (CSIA), which was introduced on May 22, 2013, by late Sen. Frank R. Lautenberg (D-NJ) and Sen. David Vitter (R-LA).
- Read more ...
TSCA Reform Links
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.
PUBLIC CONCERNS LEAD TO CHEMICAL LAW
Although society reaps enormous benefits from chemicals, there was little or no knowledge of the effects on health or the environment of the thousands of chemicals used and released into the environment. There was not even a list of the chemicals made and used in America. The drumbeat of concerns contributed to a growing realization that environmental chemicals might cause major problems. People were suddenly aware that a man-made chemical environment of unknown dimensions literally surrounded them. Other studies pointed to the large gap in existing laws for dealing with these problems. During the 1970s, the groundswell of public concern resulted in legislative action.
- "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.