On May 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 34100. According to EPA, the amendments are “intended to align the regulatory text with the amendments to TSCA’s new chemicals review provisions contained in the [2016] Frank R. Lautenberg Chemical Safety for the 21st Century Act” (Lautenberg Act), improve EPA’s efficiency in the review process,...
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Earthjustice announced on April 7, 2023, that Cherokee Concerned Citizens, a community group in Pascagoula, Mississippi, filed suit in the U.S. Court of Appeals for the District of Columbia Circuit for review of an Order for a New Chemical Substance under Section 5 of the Toxic Substances Control Act (TSCA), signed by the U.S. Environmental Protection Agency (EPA). According to the petition, the August 11, 2022, Order authorizes Chevron U.S.A. Inc. to manufacture, process,...
November 22, 2022
EPA Adds Thousands of Additional TSCA Risk, New Chemical Submissions to ChemView, Commits to “Near R
By Lynn L. Bergeson and Carla N. Hutton On November 21, 2022, the U.S. Environmental Protection Agency (EPA) announced that it has improved public access to certain reports submitted by chemical companies in ChemView, EPA’s web application for public access to non-confidential business information (non-CBI) on chemicals regulated under the Toxic Substances Control Act (TSCA), including new chemical notices and notices of substantial risk. EPA has published previously unpublished new...
By Lynn L. Bergeson and Carla N. Hutton On October 18, 2022, the U.S. Environmental Protection Agency’s (EPA) New Chemicals Program held a webinar on EPA’s process for assessing the potential risks of new chemicals under Section 5 of the Toxic Substances Control Act (TSCA) and the types of data EPA considers in this assessment. Specifically, the webinar covered examples of data (quantitative and qualitative) that are not likely to be accepted for engineering...
August 29, 2018
NRDC Moves to Dismiss Petition for Review of New Chemicals Decision-Making Framework
On August 27, 2018, the Natural Resources Defense Council (NRDC) filed a motion in the U.S. Court of Appeals for the Second Circuit asking to dismiss voluntarily its petition for review of the U.S. Environmental Protection Agency’s (EPA) “New Chemicals Decision-Making Framework: Working Approach to Making Determinations under Section 5 of TSCA.” NRDC v. EPA, No. 18-25. NRDC petitioned the court on January 5, 2018, for review of EPA’s November 2017 Framework...