Chemicals Environmental Protection Agency

News & Analysis as of

Next Steps on New EPA Toxics Rule Implementation Reinforce the Need to Engage

The passage of the Lautenberg Chemical Safety Act ("2016 TSCA Amendments") was a rare bipartisan success story. However, the August 9-10th Environmental Protection Agency ("EPA") stakeholder public comment meetings on the...more

Wrap-Up of Federal and State Chemical Regulatory Developments, August 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Releases TRI Preliminary Dataset For Calendar Year 2015: On July 20, 2016, the U.S. Environmental Protection Agency (EPA) announced the availability of the Toxics Release Inventory (TRI)...more

U.S. EPA Initiates First Bid to Restrict or Ban a Chemical – Trichloroethylene (TCE) – Under “New” TSCA

The U.S. Environmental Protection Agency (EPA) has launched the first effort under the recently amended Toxic Substances Control Act (TSCA) to restrict or ban a chemical. The new proposed rule, which was sent for Office of...more

TSCA Reform: Proposed Changes to SNUR Procedures Would, Perhaps Inadvertently, Result in Disclosure of CBI to Third...

On July 28, 2016, the U.S. Environmental Protection Agency (EPA) proposed to update the Toxic Substances Control Act (TSCA) Significant New Use Rule (SNUR) procedures. 81 Fed. Reg. 49598. As discussed in our previous...more

TSCA: Proposed Revisions to Significant New Use Rules Reflect Current Occupational Safety and Health Standards

The U.S. Environmental Protection Agency (EPA) proposed on July 28, 2016, revisions to the regulations governing significant new uses of chemical substances under the Toxic Substances Control Act (TSCA) with revisions to the...more

The “Most Contentious Issue” — Federal Preemption in the Amended Toxic Substances Control Act

This client alert is the third in a series that discusses the significant changes instituted by the passage of a new federal Toxic Substances Control Act. The first alert addressed broadly the law’s myriad of changes. The...more

TSCA Reform --- Battle Lines Are Quickly Being Drawn

Changes to the Toxic Substance Control Act (“TSCA”), resulting from the recently passed Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LCSA”), are quickly taking form. The Environmental Working Group (“EWG”),...more

Flubendiamide Registrants and EPA File Post-Oral Argument Briefs

On July 1, 2016, in an administrative appeal of the June 1, 2016, Administrative Law Judge (ALJ) Initial Decision and an earlier order denying Bayer CropScience LP and Nichino America, Inc.’s (BCS/NAI) Motion for Accelerated...more

2016 Chemical Data Reporting – New TSCA Requirements Apply for Confidential Business Information Claims

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Act). Passed with significant bipartisan support, the Act is the first major update to a federal...more

Congress Finds the Formula to Reform Chemical Regulation

The Toxic Substance Control Act (TSCA) is the primary federal law by which the manufacture, import and use of chemical substances are regulated in the United States. Since its inception in 1976, TSCA has not been updated...more

Landmark Overhaul of the Toxic Substances Control Act

EPA Issues First Year Implementation Plan - On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law. This law amends the Toxic Substance Control Act (TSCA) and is the first...more

EPA Biting Off More Than It Can Chew? Agency Publishes First Year Implementation Plan for New TSCA Legislation

This is Part II of our TSCA update following the recent changes to the TSCA legislation. On June 29, 2016, the U.S. Environmental Protection Agency (“EPA”) released its first year implementation plan for the...more

Toxic Substances Control Act

For the first time in 40 years and after years of negotiation, on June 22, the President signed the compromise legislation updating the Toxic Substances Control Act (TSCA) of 1976. The bipartisan bill, H.R. 2576, the Frank R....more

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2016

TSCA/FIFRA/IRIS/NTP/TRI - EPA Launches Advisory Panels: On June 15, 2016, the U.S. Environmental Protection Agency (EPA) launched two advisory panels designed to facilitate small businesses to provide feedback to EPA...more

Legislation Breathes New Life into the 40–Year Old TSCA Statute

This is Part I of a two-part series looking at the recent changes to the TSCA legislation. This article will explore the changes introduced by the Act. A follow-up article will explore the EPA’s recently released plan for...more

Chemical Industry: Significant Changes to Toxic Substances Control Act (TSCA) Require Attention

On June 22, 2016, President Barack Obama signed into law, effective immediately, the first substantive amendments to the Toxic Substances Control Act (TSCA) since it was enacted forty years ago. The new public law, known as...more

The Toxic Substances Control Act Amendments May Do Little to Relieve California Headaches for Businesses

Business groups largely supported the Toxic Substances Control Act (TSCA) Amendments?recently signed into law by President Obama—in order to address concerns about the emergence of varying state-by-state requirements that...more

Inside EPA Reports On Loss Of Green Chemistry Provision From TSCA Reform

On July 1, 2016, Inside EPA published "Committee Jurisdiction Issues Blocked Green Chemistry From TSCA Reform," an article discussing the passage of the Toxic Substances Control Act (TSCA) law and the lack of language from...more

EPA Requests Six Month Extension of Deadline for Decision on Chlorpyrifos Tolerance Revocation

On June 29, 2016, the U.S. Environmental Protection Agency (EPA) submitted a status report in the Ninth Circuit Court of Appeals case concerning a petition by Pesticide Action Network North America (PANNA) and the Natural...more

Advancing Chemical Safety – Maybe the Art of Compromise Isn’t Such a Bad Thing

President Obama signed a major reform of the Nation’s chemical safety standards on Wednesday, June 22. The legislation amended the 1976 Toxic Substances Control Act, providing the first substantive changes in the 40-year old...more

TSCA Reform: Something Old, Much That Is New -- Will It Make Industry Blue?

After extensive deliberation, Congress has crafted a carefully worded overhaul of the Toxic Substances Control Act (TSCA), the primary federal statute that regulates the chemicals ultimately used to manufacture most products....more

Chemicals Legislation Faces New Reforms in the UK, Europe and US post Brexit

Barack Obama signed the bipartisan Frank R. Lautenberg Chemical Safety for the 21st Century Act on 22 June of this year. This Act, which came into immediate effect, amends the core provisions of the Toxic Substances Control...more

Toxic Tort and Environmental Litigation: TSCA Transformed! Reformed at Last! (7/16)

On Wednesday, June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Pub. L. No. 114-182”) into law, asserting “[i]f we can get this bill done, it means that somewhere out...more

Chemical Data Reporting Rule: The Time Is Now

Every four years, domestic manufacturers and importers of chemicals must report to the Environmental Protection Agency under the Chemical Data Reporting rule (CDR). The next reports are due in three months, on September 30,...more

TSCA Reform Is Real: EPA Publishes Its “First Year Implementation Plan”

On Wednesday, EPA released its “First Year Implementation Plan” for the recently enacted TSCA reform legislation. Before getting to the details, it’s worth emphasizing what a significant accomplishment it was to get...more

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