TSCA Reform News & Information

TSCA FAQ's
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

All TSCA Reform Memoranda

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.

 
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