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
December 20, 2016
TSCA: EPA Amends Procedures for TSCA Section 6 Rulemaking
September 19, 2016
EPA Announces Extension to Chemical Data Reporting (CDR) Deadline
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TSCA Reform Articles by B&C
Lynn L. Bergeson, "EPA Speeds Review of Chemicals," Chemical Processing, October 24, 2016.
The U.S. Environmental Protection Agency (EPA) is continuing its brisk pace to be on target with implementing the new requirements of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (see “Grasp the Gravity of the New TSCA,” and “EPA Releases Q&As on New TSCA”). Congress has in its sights persistent, bioaccumulative, and toxic (PBT) chemicals — with the goal to reduce exposures to them. The EPA’s recent action to fast track review of five such chemicals does just that. Here’s what the EPA announced, and its impact on industry.
Charles M. Auer, Lynn L. Bergeson, "Is The Section 5 Review Period Fixed Or Flexible In New TSCA?," ABA Section of Environment, Energy, and Resources PCRRTK Newsletter, September, 2016.
Among its other requirements and authorities, Section 5 of new TSCA generally requires that a company timely submit to EPA a notice of its intent to manufacture or process a new chemical or significant new use (NC/SNU). EPA is then required to conduct a review of the Section 5(a)(1) notice and make a determination on the NC/SNU and take required additional actions. Questions have been raised as to whether the review period is fixed and requires that EPA determinations and actions be completed within that period, or if the statute can be read to permit a more flexible review period along the lines of how it was interpreted and applied in old TSCA with the use of voluntary suspensions. This article analyzes that question.
Charles M. Auer, Lynn L. Bergeson, "Role of ‘Conditions of Use’ Under Sections 5 and 6 of Amended Toxics Law," BNA Daily Environment Report, October 14, 2016.
In this Bloomberg BNA Insights, Charles M. Auer and Lynn L. Bergeson look specifically at the role of ‘‘conditions of use’’ in Sections 5 and 6 under the amended law and other chemical exposure considerations.
Charles M. Auer, "Old TSCA, New TSCA, and Chemical Testing," BNA Daily Environment Report, August 16, 2016.
It is the author’s view that the central failing of old TSCA was its inability to produce the testing needed by EPA to assess and understand the hazards, exposures, and risks of existing chemicals. New TSCA makes important changes to the authority available to EPA to compel industry to generate the information needed by EPA to meet the purposes articulated under the new law. This paper briefly reviews the issues and problems that EPA encountered in using old TSCA for this purpose, discusses the improvements in new TSCA, and discusses why the author believes they offer the potential of future success in the testing area.
Lynn L. Bergeson, Charles M. Auer, "An Analysis of TSCA Reform Provisions Pertinent to Industrial Biotechnology Stakeholders," Industrial Biotechnology, Volume 12, Issue 4, August 2016.
New TSCA fundamentally changes the U.S. Environmental Protection Agency's (EPA) approach to evaluating and managing industrial chemicals, including genetically engineered microorganisms. The body of changes, the careful balancing of countless competing needs and interests, and artful drafting yield a statute that has been greatly strengthened and addresses virtually all of the deficiencies that have impeded TSCA's effectiveness over the years. The changes are consequential, and stakeholders in the industrial biotechnology community could be greatly impacted by them, depending upon how EPA interprets and discharges its new authorities.
Kathleen M. Roberts, Richard E. Engler, Ph.D., Charles M. Auer, Lynn L. Bergeson, "An Analysis of Section 8 of the New Toxic Substances Control Act," BNA Daily Environment Report, August 9, 2016.
The Frank R. Lautenberg Chemical Safety for the 21st Century Act significantly amends the Toxic Substances Control Act (TSCA), particularly with regard to Section 8 record keeping and reporting obligations. This article highlights a number of important changes and deadlines of which companies subject to TSCA should be aware.
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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.