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Wondering where we are now and what may happen to the Toxic Substances Control Act (TSCA) reform when Congress is back in session? "TSCA Reform: The Current State of Play," featuring Lynn L. Bergeson and hosted by Compliance & Risks, will bring you up to date on the very latest developments in the Congress and key regulatory developments and initiatives should TSCA reform fail to materialize. If Congress is unable to enact new TSCA measures, many question whether the law will be...

On June 2 and 3, 2015, the House Committee on Energy and Commerce held a markup hearing for the TSCA Modernization Act of 2015 (H.R. 2576) after years of progress on Toxic Substances Control Act (TSCA) Reform. The bill was praised for its bipartisan support as well as the removal of burdensome testing that has hindered the implementation of TSCA. The modernized TSCA will change how EPA regulates existing chemicals, with EPA first deciding if a chemical poses an unreasonable risk under its...

On April 28, 2015, the U.S. Senate Committee on Environment and Public Works (EPW Committee) passed by a 15-5 vote a version of S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. This action by the EPW Committee paves the way for consideration of S. 697 -- legislation to reform the Toxic Substances Control Act of 1976 (TSCA) -- by the full U.S. Senate. The authors of S. 697, Senators David Vitter (R-LA) and Tom Udall (D-NM), were able to secure the support of four...

On April 14, 2015, the U.S. House of Representatives' Energy & Commerce Committee's Subcommittee on Environment and the Economy held a hearing on the TSCA Modernization Act of 2015 discussion draft (TMA-DD). An analysis of the April 7, 2015, TMA-DD is available on the Bergeson & Campbell, P.C. (B&C®) website. The April 14, 2015, witnesses' testimonies are posted on the Energy & Commerce Committee website.

On April 7, 2015, the U.S. House of Representatives' Committee on Energy and Commerce announced that the Subcommittee on Environment and the Economy will hold a legislative hearing on a new discussion draft of the TSCA [Toxic Substances Control Act] Modernization Act, released by Committee Chair John Shimkus (R-IL) the same day -- April 7, 2015. The hearing is scheduled for Tuesday, April 14, 2015, at 10:15 a.m. (EDT) in Room 2322 of the Rayburn House Office Building. U.S. Environmental...

On March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). Supporters of S. 697 maintain that it significantly improves the Toxic Substances Control Act (TSCA) by providing more authority and funding to the U.S. Environmental Protection Agency (EPA) to regulate new and existing chemicals. Critics of the bill argue that while the perfect may be the enemy of the good, S. 697 is not...

On Wednesday, March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The following individuals testified during the hearing: James Jones, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency (EPA); Dr. Richard Denison, Senior Scientist, Environmental Defense Fund; Dr. Edward McCabe, Senior Vice President and Chief...

On March 10, 2015, Senators Tom Udall (D-NM) and David Vitter (R-LA) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that would reform the Toxic Substances Control Act (TSCA). The bill has 15 co-sponsors -- seven Democrats and eight Republicans. The bill builds on the proposed Chemical Safety Improvement Act offered by Senator Vitter and the late Senator Frank Lautenberg (D-NJ) in 2013. According to the overview provided on Senator Udall's webpage,...

Many of the top policymakers, leaders, and stakeholders in the bioeconomy gathered in San Francisco this week for ABLCNext. The Biobased and Renewable Products Advocacy Group's (BRAG®) Executive Director Kathleen Roberts participated in the opening panel of the conference, "US Elections, What Happened, What Now," where she and other trade group leaders discussed likely impacts on the bioeconomy with the swing toward Republicans in federal and state races. Regarding the outlook...

On September 18, 2014, Senate Committee on Environment and Public Works (EPW) Chair Senator Barbara Boxer (D-CA) issued a statement containing links to Senator Boxer's counterproposal to and critique of the Toxic Substances Control Act (TSCA) reform draft bill being developed by Senator David Vitter (R-LA) and Senator Tom Udall (D-NM). The statement is available online. Senator Boxer expressed strong concern over the proposed safety standard, timelines for U.S. Environmental Protection...

Stakeholders agree that the chances of legislative reform to the Toxic Substances Control Act (TSCA) are small -- and getting smaller as the days progress. Both Hill staff and industry trade representatives acknowledge that focus on mid-term elections and partisan divide, coupled with the limited days on the legislative calendar, make TSCA reform this year unlikely. Thus, while some forward momentum may have occurred over the last years with the Senate bill introduced by Senators David Vitter...

Bergeson & Campbell, P.C. (B&C®) has created an online hub for news, information, and commentary on Toxic Substances Control Act (TSCA) reform that is available at www.TSCAreform.org. B&C's lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding ongoing TSCA reform efforts and related state regulatory initiatives such as California's Safer Consumer Products Regulations and related developments...

On April 29, 2014, the U.S. House Committee on Energy and Commerce's Subcommittee on Environment and the Economy held a hearing on the revised version of the Chemicals in Commerce Act (CICA2). Details of the hearing provided by the Subcommittee, including its background memorandum, are available online. Subcommittee Chair John Shimkus (R-IL) issued the original version of CICA in March 2014. CICA2 was released on April 22, 2014. Bergeson & Campbell, P.C.'s (B&C®) detailed...

The Environmental Law Institute's (ELI) May/June 2014 issue of ELI Forum features articles from five notable experts representing government, industry, and policy viewpoints on the issue of TSCA reform. Titled "TSCA Redux: Rejuvenating a Timeworn Statute," the publication includes Lynn L. Bergeson, Managing Partner of B&C; Richard A. Denison, Lead Senior Scientist, Environmental Defense Fund; Kathy Kinsey, Deputy Secretary for Regulatory Programs and Operations, Maryland...

The American Bar Association's (ABA) Section on Energy, Environment and Resources (SEER) has issued five white papers designed to assist stakeholders in the ongoing debate to reform the Toxic Substances Control Act of 1976 (TSCA). The papers are on the following TSCA-related topics: (1) ABA SEER Overview of TSCA; (2) ABA SEER TSCA Trade Secret and Confidential Business Information Briefing Paper; (3) ABA SEER TSCA Preemption of Private Rights of Action Under TSCA and TSCA Legislation...

On February 27, 2014, House Energy and Commerce Environment and the Economy Subcommittee Chair John Shimkus (R-IL) released a discussion draft of the "Chemicals in Commerce Act" (CICA), legislation designed to reform the Toxic Substances Control Act of 1976 (TSCA). The release of CICA is significant for several reasons. While the House Subcommittee has held five hearings since last year on various sections of TSCA, CICA would be the first major House bill introduced this Congress to...

It is reported that House Energy and Commerce's Subcommittee on the Environment and Economy Chair John Shimkus (R-IL) is working on draft legislation to reform TSCA, which Shimkus expects to introduce and on which he expects to hold a hearing in the coming weeks. B&C has issued a memorandum providing an overview of the Subcommittee's fifth hearing on TSCA reform held on February 4, 2014. The memorandum is available online. There is a renewed sense of urgency for TSCA reform to be...

On February 4, 2014, the House Committee on Energy and Commerce's Subcommittee on Environment and the Economy held its fifth hearing this term on potential reform of the Toxic Substances Control Act of 1976 (TSCA). The Subcommittee is working on drafting its version of a TSCA reform bill. This latest hearing focused on potential reforms to Sections 4 and 8 of the law. TSCA Section 4 covers when and under what circumstances the U.S. Environmental Protection Agency (EPA) may require chemical...

On January 9, 2014, 7,500 gallons of a coal processing chemical, 4-methylcyclohexane methanol, stored in an above-ground tank owned by Freedom Industries leaked into the Elk River just upstream from the local water utility's intake pipe serving Charleston, West Virginia. Regulators banned residents' use of the water for five days. Since the release, concerns have been expressed about the adequacy of information regarding the chemical's safety and health risks, an issue that has been...