On April 25, 2025, the U.S. Environmental Protection Agency (EPA) announced the availability of new resources intended to help companies with the requirements described in EPA’s December 2024 final rule governing the review of new chemicals under the Toxic Substances Control Act (TSCA). According to EPA, the new materials “provide companies with clear instructions on how to include required data elements in the current system used for new chemical submissions while the agency works to...
Archives
February 7, 2025
EPA Administrator Zeldin Announces Five Pillar Initiative to Guide EPA; What Does It Mean for OCSPP?
U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin on February 4, 2025, announced the “Powering the Great American Comeback Initiative” (PGAC Initiative). It consists of five pillars and is intended to serve as a roadmap to guide EPA’s actions under Administrator Zeldin. The five pillars are: Administrator Zeldin explained Pillar 3 by stating, “Any business that wants to invest in America should be able to do so without having to face years-long, uncertain, and...
January 24, 2025
TSCA in the Spotlight: TSCA Is Focus of First Energy & Commerce Hearing of 119th Congress; GAO Issues Report on New Chemicals Program
In a development no one could have predicted several weeks ago, the first hearing of the 119th Congress in the House Committee on Energy and Commerce (E&C) focused on the Toxic Substances Control Act (TSCA) and amendments to TSCA that were enacted more than eight years ago. The E&C Subcommittee on Environment (the Subcommittee) hearing on January 22, 2025, “A Decade Later: Assessing the Legacy and Impact of the Frank R. Lautenberg Chemical Safety for...
January 23, 2025
GAO Recommends EPA’s New Chemicals Program Develop a Systematic Process to Manage and Assess Performance Better
The U.S. Government Accountability Office (GAO) publicly released a report entitled “New Chemicals Program: EPA Needs a Systematic Process to Better Manage and Assess Performance” on January 22, 2025. GAO states that it was asked to review the U.S. Environmental Protection Agency’s (EPA) implementation of its Toxic Substances Control Act (TSCA) New Chemicals Program. The report summarizes the perspectives of selected manufacturers on EPA’s review process and evaluates the extent to which...
Chemical Watch presents TSCA Developments 2025, covering TSCA and its business-critical implications, including TSCA inventory updates, risk evaluations and prioritizations, new chemical reviews, PFAS reporting and regulation, and a full session on litigation. Lynn L. Bergeson, Managing Partner, B&C, will moderate “Navigating early policy shifts and associated challenges,” and Richard E. Engler, Ph.D., Director of Chemistry, B&C, will present on New Chemicals....
President-elect Trump’s proposed (and aspirational) Department of Government Efficiency (DOGE) is the latest incarnation of a new Administration’s attempt to leave its mark on the federal government. In the November 20, 2024, Wall Street Journal, Elon Musk and Vivek Ramaswamy published an Op-ed about the DOGE effort they will lead and the three kinds of reform DOGE will pursue: regulatory recissions, administrative reductions, and cost savings. We propose that DOGE add a fourth, equally...
June 26, 2024
EPA Announces New Initiatives to Improve Efficiency, Worker Protections, and Transparency in New Chemical Reviews
During the June 26, 2024, “TSCA Reform — Eight Years Later” conference, presented by Bergeson & Campbell, P.C. (B&C®), the Environmental Law Institute, (ELI), and the George Washington University Milken Institute School of Public Health, Michal Ilana Freedhoff, Ph.D., Assistant Administrator, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA) provided the keynote address. During her remarks, Freedhoff announced four new initiatives...
April 3, 2024
GAO Will Review EPA’s Practices for Managing and Assessing the Performance of Its New Chemicals Review Program
The U.S. Environmental Protection Agency (EPA) provided notice of disclosure on April 2, 2024, to all potentially affected businesses under the Toxic Substances Control Act (TSCA) that submitted information to EPA pursuant to TSCA Section 5 that it will disclose information to the U.S. Government Accountability Office (GAO). 89 Fed. Reg 22713. According to the notice, GAO is initiating a review of EPA’s practices for managing and assessing the performance of EPA’s New Chemicals Review...
January 9, 2024
EPA Releases Decision Framework to Assess Eye Irritation or Corrosion in New Chemicals
The U.S. Environmental Protection Agency (EPA) released on January 8, 2024, a decision framework for identifying eye irritation or corrosion hazards for new chemicals reviewed under the Toxic Substances Control Act (TSCA). 89 Fed. Reg. 1093. EPA states that the “New Chemicals Program Decision Framework for Hazard Identification of Eye Irritation and Corrosion” provides a decision framework for use by the Office of Pollution Prevention and Toxics (OPPT) New Chemicals Division (NCD) to...
August 2, 2023
EPA Extends Comment Period on Proposed Updates to TSCA New Chemicals Regulations; Comments Due August
By Lynn L. Bergeson and Carla N. Hutton On July 19, 2023, the U.S. Environmental Protection Agency (EPA) extended the comment period on proposed amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 46125. 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...