TSCA

Lynn L. Bergeson, "The Proposed TSCA Inventory Update Reporting Rule: Big Changes Are in Store," Environmental Quality Management, Winter 2010.

While debate continues to swirl around whether, and to what extent, the Toxic Substances Control Act (TSCA) needs retooling, just about everyone agrees that the U.S. Environmental Protection Agency (US EPA) needs more information on chemical production, use, and exposure in order to make informed decisions about chemical risk management. Most also agree that TSCA could be put to greater use for these purposes.

Lynn L. Bergeson, "New Inventory Update Rule Reporting Heads Our Way," Chemical Processing, October 2010.

The U.S. Environmental Protection Agency (EPA) proposed important revisions to the Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR). This column explains why chemical manufacturers and other stakeholders must be aware of the proposal and prepare now for its implications.

Lynn L. Bergeson, "TSCA Reform: Legislative Action Begins," Environmental Quality Management, Autumn 2010.

On April 15, 2010, Senator Frank R. Lautenberg (D-NJ) released the text of the Safe Chemicals Act of 2010, S. 3209 (SCA),1 which is intended to address the “core failings” of the Toxic Substances Control Act (TSCA).

Charles M. Auer, Lynn L. Bergeson, and Lisa R. Burchi, "TSCA Section 5(b)(4) ‘Chemicals of Concern’ List: Questions, Issues, Concerns," Daily Environment Report, May 24, 2010.

The Toxic Substances Control Act (TSCA) allows the U.S. Environmental Protection Agency (EPA) to keep a list of chemicals that present or may present ‘‘an unreasonable risk of injury to health or the environment.’’ This authority has not been used since TSCA was enacted in 1976. In April, EPA said it intends to propose a rule to add a category of eight phthalates, a category of polybrominated diphenyl ethers, and bisphenol A to such a list. In this article, the authors explore EPA’s authority under Section 5(b)(4) of the TSCA to create a ‘‘chemicals of concern’’ list and discuss legal and policy issues that may arise.

James V. Aidala, "The Toxic Substances Control Act: From the perspective of James V. Aidala," interviewed by Chemical Heritage Foundation, May 20, 2010.

James V. Aidala began working with the Environmental Protection Agency (EPA) as a college intern in the Office of Pesticide Programs; he returned as a policy analyst in the new Office of Pesticides and Toxic Substances (OPTS) after graduate school. From Aidala’s perspective, there was much uncertainty in the early years of Toxic Substances Control Act (TSCA), in part due to challenges with the law’s specificity regarding polychlorinated biphenyls and, later, asbestos and lead, and in part due to logistical, organizational, and legal difficulties in the early years of TSCA. He also felt that the Reagan Administration was fatal to a cohesive toxics program.

Charles M. Auer, "Periodic Reporting of Hazard Data, Exposure Information on Existing Chemicals," Daily Environment Report, Apr. 14, 2010.

A Recent co-authored paper discussed a number of fundamental changes in U.S. regulation of commercial chemicals that should be considered in revising the Toxic Substances Control Act. As discussed in that paper, while the Environmental Protection Agency under TSCA has broad authority to require testing and reporting of hazard and exposure information on existing chemicals via rulemaking, deploying these authorities have proven cumbersome and inadequate for dealing effectively with the thousands of chemicals in commerce.

Charles M. Auer, Lynn L. Bergeson, and James V. Aidala, "EPA's Action Plans Signal a New Chapter for TSCA While Informing the Future Legislative Debate on Chemicals," Environmental Law Reporter, March 2010.

Late last December, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced action plans on phthalates, long-chain chlorinated paraffins (LCCPs), and short-chain chlorinated paraffins (SCCPs). The four action plans are the first of many, as EPA intends to issue eight more or so in 2010. This EPA initiative announces actions that are almost breathtaking in scope, and its development and implementation of the action plan items will set a number of new precedents -- and possibly shape future legislative proposals -- that industry will need to participate in and monitor closely.

Lynn L. Bergeson, "EPA Working on Test Rule for Multi-Wall Carbon Nanotubes/TSCA Section 8(a) Rule for Several Nanoscale Substances," NanoBusiness Alliance Newsletter, Issue 8, June 18, 2009.

As you may know, twice each year the U.S. Environmental Protection Agency (EPA) publishes a detailed listing of all matters on which it is working. The document is referred to as the Semiannual Regulatory Agenda, and is published each spring and fall. The most recent spring issue was published on May 11, 2009.

Lynn L. Bergeson, "EPA Issues Draft NMSP Concept Paper and TSCA Inventory Paper," Small Times Magazine, August 10, 2007.

The EPA's recently released paper, TSCA Inventory Status of Nanoscale Substances -- General Approach, is important for developers of nanotechnologies. Nanomaterials that meet the Toxic Substances Control Act (TSCA) definition of "chemical substance" are subject to TSCA reporting requirements because they may exhibit properties different from the same substances in the bulk scale. A chemical substance means, in relevant part, "any organic or inorganic substance of a particular molecular identity." 

Lynn L. Bergeson, "TSCA Inventory Status of Nanoscale Substances a Must-Read for Materials Developers," Small Times Magazine, August 10, 2007.

The EPA's recently released paper, TSCA Inventory Status of Nanoscale Substances -- General Approach, is important for developers of nanotechnologies. Nanomaterials that meet the Toxic Substances Control Act (TSCA) definition of "chemical substance" are subject to TSCA reporting requirements because they may exhibit properties different from the same substances in the bulk scale. A chemical substance means, in relevant part, "any organic or inorganic substance of a particular molecular identity." 

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