TSCA

Lynn L. Bergeson, "New TSCA Reporting Rule Compels Disclosure of Much Information," American College of Environmental Lawyers, December 16, 2011.
The U.S. Environmental Protection Agency (EPA) published on August 16, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. 76 Fed. Reg. 50816. The rule authorizes EPA to collect and disclose information on the manufacturing, processing, and use of commercial chemical substances and mixtures listed on the TSCA Inventory. The CDR Rule also sets the upcoming submission period from February 1, 2012, to June 30, 2012, and will include submission of chemical production information from 2010 and chemical production, processing, and use information from 2011.
Lynn L. Bergeson, "Identifying Priority Chemicals Under TSCA," Pollution Engineering, December 2011.

On Aug. 18, 2011, EPA rolled out its new approach for identifying priority chemicals for review and assessment under the Toxic Substances Control Act (TSCA). EPA invited public input on its Discussion Guide: Background and Discussion Questions for Identifying Priority Chemicals for Review and Assessment (Discussion Guide), which is available at www.epa.gov/opptintr/existingchemicals/pubs/chempridiscguide.html, and convened a webinar on Sept. 7, 2011 to review the document.

James V. Aidala, Co-Author, "TSCA Reform:  The Standard of Safety," Environmental Law Reporter News & Analysis, December 2011.

Several key issues have emerged as pivotal in ongoing efforts to reform TSCA. Progress on these complex issues is central to the success of TSCA reform. On July 21, 2011, ELI convened a panel of experts to examine the central issue of whether and what standard of safety should replace TSCA’s current “unreasonable risk” standard for regulating chemicals. Topics addressed included: hazard/exposure/risk criteria; burden of proof; judicial review of Agency decisions; sensitive populations; cost-benefit analysis; and application of the safety standard to new materials/technologies.

Lynn L. Bergeson, "A Special Report: Important Changes Are Made to the Chemical Data Reporting Rule," Manufacturing Today, Fall/Winter 2011.

On August 16, 2011, the U.S. Environmental Protection Agency (EPA) issued the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. The CDR Rule expands the IUR to enable EPA to collect information on the manufacturing (including importing), processing, and use of commercial chemical sub­ stances and mixtures on the TSCA Chemical Substance Inventory (Inventory). This article provides highlights of the final rule.

Lisa R. Burchi, Charles M. Auer, and Lynn L. Bergeson, "EPA’s SNUR Authority and Key Points Regarding SNURs for Former New Chemicals," BNA Daily Environment Report, September 12, 2011.

The U.S. Environmental Protection Agency’s use of its authority under the Toxic Substances Control Act is expanding. Its use of TSCA Section 5 ‘‘significant new use rule’’ (SNUR) authority is clearly on the increase, as most recently demonstrated by the important role that significant new use rules have in Chemical Action Plans. This article describes SNURs, their issuance and legal background, and a few key issues of which regulated entities need to be aware in responding to a proposed or promulgated SNUR.
 

Lynn L. Bergeson, "Targeting Priority Chemicals Under TSCA," Law360, September 2, 2011.

Embracing new social media tools, the U.S. Environmental Protection Agency on Aug. 18, 2011, invited stakeholders to provide feedback on its new approach for identifying priority chemicals for review and assessment under the Toxic Substances Control Act (TSCA). Noting that the EPA’s online discussion forum will remain open until Sept. 14, 2011, the EPA invited public input on its “Discussion Guide: Background and Discussion Questions for Identifying Priority Chemicals for Review and Assessment” (available at http://www.epa.gov/opptintr/existingchemicals/pubs/chempridiscguide.html). The EPA has also scheduled a webinar on Sept. 7, 2011, to review and consider the Discussion Guide.

Lynn L. Bergeson, "EPA Issues Chemical Data Reporting Rule," Chemical Processing, September 2011.

The U.S. Environmental Protection Agency (EPA) issued on August 16, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. More information is available at http://www.epa.gov/cdr/. Set forth below are key components of the CDR Rule, how reporting will change from prior IUR reporting, and potential issues.

Lynn L. Bergeson and Kathleen M. Roberts, "Deconstructing EPA’s Chemical Data Reporting Rule," Law360, August 17, 2011.

The U.S. Environmental Protection Agency announced on Aug. 2, 2011, the final Toxic Substances Control Act (TSCA) Chemical Data Reporting (CDR) Rule, previously referred to as the Inventory Update Reporting (IUR) Modifications Rule. Proposed revisions to the rule were the subject of considerable debate, which helps explain the rule’s long (nearly a year and a half) gestation period and extensive review by the Office of Management and Budget. The rule was published on Aug. 16 in the Federal Register (76 Fed. Reg. 50816) and becomes effective on Sept. 15, 2011.

Lynn L. Bergeson, "EPA Moves Ahead with BPA Action Plan," Chemical Processing, August 2011.

The U.S. Environmental Protection Agency (EPA) issued on July 26, 2011, an advance notice of proposed rulemaking (ANPR) concerning testing of bisphenol A (BPA). The notice applies to EPA’s chemical action plan issued under the Toxic Substances Control Act (TSCA) on BPA in March 2010. The ANPR shows the EPA is moving forward, sending a strong message that the agency isn't backing off plans to regulate BPA under TSCA, or any other chemical action plans.

Lynn L. Bergeson, "State Chemical Reform Initiatives:  Advocates Press for Change," Environmental Quality Management, Summer 2011.

The federal Toxic Substances Control Act (TSCA) has remained largely unchanged since its adoption in 1976, some 35 years ago. Congressional inaction has not gone unnoticed by state governments, which are increasingly dismayed by their federal counterpart’s seeming indifference to the public’s demand for stricter chemical controls and its growing distrust of federal chemical-control measures. As a result, states are taking matters into their own hands by adopting laws, resolutions, and related chemical-control measures.

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