News & Analysis as of

Chemicals Manufacturers

Preparing for the Inventory Reset: It Is Not That Easy

With the recent release of the 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of active substances released with the February 2017 copy of the Toxic Substances Control Act (TSCA) Inventory...more

Use of the Chemical Name in Managing New Chemical Polymers under the Amended Toxic Substances Control Act

One of the consequences of the new Toxic Substances Control Act (TSCA) is the need for the U.S. Environmental Protection Agency (EPA) to review and make determinations under Section 5(a)(3)(B) on premanufacture notification...more

Environmental Law Update: Comment Period for Three Proposed Toxic Substances Rules to Close in March

by K&L Gates LLP on

In June 2016, then-President Barack Obama signed into law the first major revisions to the 1976 Toxic Substances Control Act (“TSCA”) in decades. The newly enacted Frank R. Lautenberg Chemical Safety for the 21st Century Act...more

EPA Proposes Rules to Implement TSCA Reform

by Jones Day on

The Frank R. Lautenberg Chemical Safety for the 21st Century Act was signed into law on June 22, 2016. We previously summarized that bill's key changes to the Toxic Substances Control Act ("TSCA"). This Commentary highlights...more

TSCA Reform Implementation Update

by Beveridge & Diamond PC on

Eight months have now passed since President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA), Pub. Law 114-182, on June 22, 2016. This historic legislation overhauled the Toxic...more

EPA’s Proposed “Reset” of TSCA Chemical Inventory Requires Identification of “Active” and “Inactive” Chemicals and Confirmation of...

If you manufacture or import a chemical subject to the Toxic Substances Control Act (“TSCA”) Chemical Substance Inventory, the U.S. Environmental Protection Agency (“EPA”) has proposed to require you to confirm each such...more

EPA Issues Formaldehyde Emission Standards for Composite Wood Products

by Williams Mullen on

Title VI of the Toxic Substances Control Act authorizes EPA to reduce formaldehyde exposures from composite wood products, and EPA recently did so by promulgating its long-anticipated Formaldehyde Emission Standards for...more

TSCA Reset to Affect Nearly All Manufacturers, Importers and Processors

Companies that have manufactured or imported chemical products in the U.S. in the past ten years (alone or formulated in products and mixtures) should plan now to comply with new rules requiring them to identify and report...more

New Article Discusses TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials

by Bergeson & Campbell, P.C. on

We are pleased to announced that Lynn L. Bergeson, Charles M. Auer, and Carla N. Hutton published an article, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors...more

TSCA: EPA Issues Interpretation of Statutory Requirements for Substantiation of CBI Claims under TSCA

by Bergeson & Campbell, P.C. on

On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued an interpretation of Toxic Substances Control Act (TSCA) Section 14 concerning substantiation of confidential business information (CBI) claims for...more

EPA Publishes New TSCA Framework Rules

by Pepper Hamilton LLP on

The revised Toxic Substances Control Act (TSCA) was enacted in June 2016. TSCA requires the U.S. Environmental Protection Agency (EPA) to finalize several “framework” rules by June 2017. Recently, EPA published three of these...more

TSCA: EPA Releases Proposed Chemical Risk Evaluation Process Under New TSCA

by Bergeson & Campbell, P.C. on

On January 19, 2017, the U.S. Environmental Protection Agency (EPA) proposed a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the...more

EPA Proposes Procedures to Prioritize Chemicals for Risk Evaluation under TSCA

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) proposed on January 17, 2017, procedures to establish the risk-based screening process and criteria that EPA will use to identify chemical substances under the Toxic Substances...more

TSCA: EPA Proposes Requirements for TSCA Inventory Notification (Active-Inactive)

by Bergeson & Campbell, P.C. on

On January 13, 2017, the U.S. Environmental Protection Agency (EPA) published a proposed rule that would require an electronic notification for chemical substances listed on the Toxic Substances Control Act (TSCA) Inventory...more

TSCA: EPA Proposes Regulation of TCE Use in Vapor Degreasing under TSCA Section 6(a)

by Bergeson & Campbell, P.C. on

In an expected action, on January 11, 2017, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a proposed rule under Section 6(a) of the Toxic Substances Control Act (TSCA) to regulate the use of...more

EPA Proposes Toxic Substances Control Act Inventory "Reset" Rule - Pragmatic Proposal Reflects Stakeholder Suggestions

by King & Spalding on

The United States Environmental Protection Agency (EPA) published in today’s Federal Register its proposed approach to updating the list of chemical substances manufactured or processed in the United States, commonly known as...more

Extension Of Comment Period On SCP Draft Alternatives Analysis Guide

by Bergeson & Campbell, P.C. on

On December 22, 2016, the California Department of Toxic Substances Control (DTSC) announced that the public comment period for the draft Alternatives Analysis (AA) Guide for the Safer Consumer Products (SCP) program has been...more

WARNING: Proposition 65 Warning Requirements Have Changed

by K&L Gates LLP on

Thirty years after its enactment, California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly referred to as “Proposition 65”) remains an undiminished irritant to businesses who sell products that are used in...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

by Beveridge & Diamond PC on

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the...more

EPA reveals first 10 chemicals to be reviewed under a more robust toxic substances act

by Thompson Coburn LLP on

On November 29, 2016, the U.S. Environmental Protection Agency announced the first 10 chemicals that it will evaluate for potential risks to human health and the environment under the Toxic Substances Control Act (“TSCA”), 15...more

EPA Proposes to Ban Certain Uses of TCE Under TSCA

by Faegre Baker Daniels on

The U.S. Environmental Protection Agency (EPA) will issue a proposed rule to ban the use of trichloroethylene (TCE) as an aerosol degreaser and a spot removal agent in dry cleaning. This announcement, made on December 7,...more

EPA Announces 10 Chemicals to Be Evaluated for Risks to Human Health and the Environment

by K&L Gates LLP on

This client alert is the fifth 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 and the...more

EPA Proposes Ban on Common Degreasing Chemical TCE

by Davis Wright Tremaine LLP on

Yesterday, EPA announced its first proposed ban of a new chemical under the amended TSCA (Frank R. Lautenberg Act, Pub. L. No. 114-182 (2016)), which, among other changes, mandated EPA risk assessments of all high-priority...more

EPA Identifies First Ten Chemical Substances For Evaluation Under New TSCA

As we outlined earlier this year, the Toxic Substances Control Act (“TSCA”) was recently updated to provide EPA with much broader authority to regulate “existing” chemical substances (i.e., those that are already in use in...more

EPA Selects First 10 Chemicals for TSCA Risk Evaluations

by King & Spalding on

A Set of "Blueprints" for Future Reviews? - In satisfaction of a mid-December deadline under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has issued the required initial list of ten “high...more

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