News & Analysis as of

Manufacturers Confidential Business Information (CBI)

Bergeson & Campbell, P.C.

EPA Will Postpone Submission Period for TSCA Section 8(a)(7) Reporting on PFAS

The U.S. Environmental Protection Agency is scheduled to publish a direct final rule on September 5, 2024, that will amend the Toxic Substances Control Act (TSCA) regulation with reporting and recordkeeping requirements for...more

Bergeson & Campbell, P.C.

EPA Extends Submission Deadline for Polymer Exemption Reports and Accompanying Claims

The U.S. Environmental Protection Agency (EPA) published a final rule on February 16, 2024, amending the Toxic Substances Control Act (TSCA) regulations for polymers manufactured under the terms of the polymer exemption by...more

Beveridge & Diamond PC

EPA Adopts PFAS Reporting Requirements Applicable to Article Importers and Chemical Manufacturers

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The U.S. Environmental Protection Agency (EPA) has finalized a one-time reporting rule regarding the manufacture (including import) of per- and polyfluoroalkyl substances (PFAS). Despite heavy industry opposition, obligated...more

Bergeson & Campbell, P.C.

EPA Updates TSCA CBI Requirements

The U.S. Environmental Protection Agency (EPA) published on June 7, 2023, a final rule with new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information...more

Bergeson & Campbell, P.C.

EPA Proposes SNUR for PFAS Designated as Inactive on the TSCA Inventory

On January 26, 2023, the U.S. Environmental Protection Agency (EPA) proposed a significant new use rule (SNUR) for those per- and polyfluoroalkyl substances (PFAS) that are currently on the Toxic Substances Control Act (TSCA)...more

Bergeson & Campbell, P.C.

EPA Seeks Comment on Initial Regulatory Flexibility Analysis on Proposed PFAS Reporting Rule

On November 25, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited comment on an Initial Regulatory Flexibility Analysis (IRFA) and Updated Economic Analysis following the...more

Bergeson & Campbell, P.C.

EPA Holds First Webinar on Approach for Reviewing MMOs, Including New and Modified CAMs

On November 17, 2022, the U.S. Environmental Protection Agency (EPA) held the first of a two-part webinar series on EPA’s new standardized process to assess risk and apply mitigation measures, as appropriate, for mixed metal...more

Bergeson & Campbell, P.C.

Proposed Rule Concerning CBI Claims under TSCA Addresses Purpose of New Part 703 and Requirements for Asserting a Confidentiality...

On May 12, 2022, the U.S. Environmental Protection Agency (EPA) proposed new and amended requirements concerning the assertion and treatment of confidential business information (CBI) claims for information reported to or...more

Bergeson & Campbell, P.C.

EPA Announces Legally Mandated Changes to TSCA Fees

The U.S. Environmental Protection Agency (EPA) announced on November 23, 2021, legally mandated changes to the fee requirements under the Toxic Substances Control Act (TSCA). This is not the fee adjustment we have been...more

King & Spalding

NHTSA to Require Reporting of Crashes Involving SAE Automation Levels 2+

King & Spalding on

On June 29, 2021, the National Highway Traffic Safety Administration (NHTSA) issued a Standing General Order (SGO) to manufacturers and operators of Automated Driving Systems (ADS) and Level 2 Advanced Driver Assistance...more

Wiley Rein LLP

New Year, New TSCA Rules

Wiley Rein LLP on

The U.S. Environmental Protection Agency (EPA) has been working overtime recently to complete many actions under the Toxic Substances Control Act (TSCA). Yesterday, the U.S. Environmental Protection Agency (EPA) published the...more

Beveridge & Diamond PC

Urgent Deadline for Substantiating Inventory Reset Chemical Identity Confidentiality Claims

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Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more

Faegre Drinker Biddle & Reath LLP

Looming November 30, 2020 EPA Submission Deadline for Chemical Data Reporting Requires Attention Now

Companies required to report under the Toxic Substances Control Act’s (TSCA) Chemical Data Reporting (CDR) regulations need to consider and address new Environmental Protection Agency (EPA) provisions governing reporting of...more

Pillsbury Winthrop Shaw Pittman LLP

Not Too Late to Develop a Strong Strategy for 2020 CDR

The TSCA Chemical Data Reporting requirement is an important mechanism that helps EPA establish regulatory restrictions and enforcement initiatives. The next filing deadline is November 30, 2020 and requires the submission...more

Bergeson & Campbell, P.C.

EPA Releases Final Rule on Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory

On February 19, 2020, the U.S. Environmental Protection Agency (EPA) released a pre-publication version of its final rule on procedures for review of confidential business information (CBI) claims made under the Toxic...more

Bergeson & Campbell, P.C.

EPA Issues Review Plan For CBI Claims Under TSCA

On February 19, 2020, the U.S. Environmental Protection Agency (EPA) released its review plan for certain confidential business information (CBI) claims under the Toxic Substances Control Act (TSCA). Aiming to provide clarity...more

Davis Wright Tremaine LLP

What's in Your Product? - California Cleaning Products Right to Know Act: First Compliance Deadline Approaching

Cleaning products manufacturers have less than two months to meet new California online disclosure requirements going into effect on January 1, 2020....more

Bergeson & Campbell, P.C.

EPA Improves Transparency for New Chemicals Review Program under TSCA

The U.S. Environmental Protection Agency (EPA) announced on August 1, 2019, that it is making additional information about new chemical notices available on its website. The new web page, “Statistics for the New Chemicals...more

Steptoe & Johnson PLLC

EPA to Cease Issuing Notice of Deficiencies for TSCA

Steptoe & Johnson PLLC on

As of August 15, 2019, the United States Environmental Protection Agency (“EPA”) will no longer issue notice of deficiencies to affected businesses that manufacture and/or process chemicals covered under the Toxic Substances...more

Williams Mullen

EPA Proposes Rule for Confidential Business Information Claims under TSCA

Williams Mullen on

The 2016 amendments to the Toxic Substances Control Act (“TSCA”) made numerous changes to TSCA, including increasing public transparency of chemical information.  To accomplish this, the amendments required EPA to establish a...more

Bergeson & Campbell, P.C.

EPA Proposes TSCA CDR Revisions and Update to Small Manufacturer Definition for TSCA Section 8(a)

On April 12, 2019, the U.S. Environmental Protection Agency (EPA) released a proposed rule that would amend the Toxic Substances Control Act (TSCA) Section 8(a) Chemical Data Reporting (CDR) requirements and the TSCA Section...more

Kelley Drye & Warren LLP

EPA Proposes Changes to Key Chemical Data Reporting Rule

The U.S. EPA announced proposed amendments to the Chemical Data Reporting (CDR) rule with an aim “to better support Agency data collection efforts, align reporting with the Frank R. Lautenberg Chemical Safety for the 21st...more

Bergeson & Campbell, P.C.

EPA Announces Proposed Procedures for Review of CBI Claims for the Identity of Chemicals on the TSCA Inventory

On April 10, 2019, the U.S. Environmental Protection Agency (EPA) released a proposed rule regarding its plan to review certain confidential business information (CBI) claims to protect the specific chemical identities of...more

Beveridge & Diamond PC

Calendar of TSCA Developments in 2019 and Beyond

EPA faces many TSCA statutory and regulatory deadlines for actions in 2019 and 2020. It has also announced plans to take numerous actions not subject to such a deadline. Industry should anticipate upcoming developments and be...more

Bergeson & Campbell, P.C.

EPA Publishes First Draft TSCA Chemical Risk Evaluation

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on November 15, 2018, announcing the availability of and seeking public comment on the first draft chemical risk evaluation under the Toxic...more

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