News & Analysis as of

Manufacturers Lautenberg Act

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 Issues TSCA Section 4 Test Orders for Nine Chemicals Undergoing Risk Evaluation

The U.S. Environmental Protection Agency (EPA) announced on January 15, 2021, that it has issued test orders under Section 4 of the Toxic Substances Control Act (TSCA) to obtain additional data on nine of the next 20...more

Bergeson & Campbell, P.C.

EPA Completes Final Risk Evaluation for PV29, Finding Unreasonable Risks to Workers and ONUs from Ten Uses

The U.S. Environmental Protection Agency (EPA) announced on January 14, 2021, the release of the final risk evaluation for C.I. Pigment Violet 29 (PV29) under the Toxic Substances Control Act (TSCA), meeting a “major chemical...more

Bergeson & Campbell, P.C.

Final Risk Evaluation for Perchloroethylene Finds 59 Conditions of Use Pose Unreasonable Risks to Workers, ONUs, Consumers, and...

On December 14, 2020, the U.S. Environmental Protection Agency (EPA) released the final risk evaluation for perchloroethylene. Of the 61 conditions of use that EPA reviewed, EPA found that 59 present unreasonable risks to...more

Bergeson & Campbell, P.C.

Manufacturer and Importer Liability under the TSCA Fees Rule for EPA-Initiated Risk Evaluations: An Opaque and Evolving Story

Under Toxic Substances Control Act (TSCA) Section 26(b), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), the U.S. Environmental Protection Agency (EPA) is authorized to collect...more

Bergeson & Campbell, P.C.

Final Risk Evaluation for Carbon Tetrachloride Finds Unreasonable Risks to Workers and Occupational Non-Users

The U.S. Environmental Protection Agency (EPA) published the final risk evaluation for carbon tetrachloride on November 4, 2020. 85 Fed. Reg. 70147. EPA states that it reviewed 15 conditions of use, “all of which are...more

Bergeson & Campbell, P.C.

EPA Publishes Final Risk Evaluation for HBCD

On September 24, 2020, the U.S. Environmental Protection Agency (EPA) published the final risk evaluation for cyclic aliphatic bromide cluster (HBCD). EPA found unreasonable risks to the environment from six out of 12...more

Bergeson & Campbell, P.C.

EPA Publishes Final Risk Evaluation for 1-BP

On August 11, 2020, the U.S. Environmental Protection Agency (EPA) published the final risk evaluation for 1-bromopropane (1-BP). After evaluating 25 conditions of use, EPA determined that 16 present an unreasonable risk to...more

Bergeson & Campbell, P.C.

EPA Publishes Draft Risk Evaluation for Methylene Chloride

On October 29, 2019, the U.S. Environmental Protection Agency (EPA) published a Federal Register notice announcing the availability of the draft Toxic Substances Control Act (TSCA) risk evaluation for methylene chloride (MC)....more

Bergeson & Campbell, P.C.

EPA Publishes Proposed PBT Chemicals Rule under TSCA

The U.S. Environmental Protection Agency released on June 21, 2019, a proposed rule intended to reduce exposures to certain chemicals that are persistent, bioaccumulative, and toxic (PBT). EPA identified five chemicals...more

Bergeson & Campbell, P.C.

House Subcommittee Holds Hearing on EPA’s FY 2020 Budget

On April 9, 2019, the House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on the fiscal year (FY) 2020 budget for the U.S. Environmental Protection Agency. The April 5, 2019, memorandum...more

Bergeson & Campbell, P.C.

EPA Bans Consumer Sales of Methylene Chloride Paint Removers, Seeks Comment on Program for Commercial Uses

On March 15, 2019, the U.S. Environmental Protection Agency (EPA) published a signed final rule that prohibits the manufacture (including import), processing, and distribution of methylene chloride for consumer paint and...more

Bergeson & Campbell, P.C.

House Subcommittee Holds Hearing on “Mismanaging Chemical Risks: EPA’s Failure to Protect Workers”

On March 13, 2019, the House Energy and Commerce Subcommittee on Environment and Climate Change held a hearing on “Mismanaging Chemical Risks: EPA’s Failure to Protect Workers.” The hearing examined the U.S. Environmental...more

Beveridge & Diamond PC

TSCA New Chemicals Program Continues to Suffer from Delays

EPA’s review of premanufacture notices (PMNs) for new chemical substances under the Toxic Substances Control Act (TSCA) has continued to suffer from significant delays. These delays in the PMN review process have been...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

Bergeson & Campbell, P.C.

EPA Takes “Three Important Steps” Intended to Ensure Chemical Safety

On June 1, 2018, the U.S. Environmental Protection Agency (EPA) announced that it took “three important steps” intended to ensure chemical safety under the Frank R. Lautenberg Chemical Safety for the 21st Century Act...more

Beveridge & Diamond PC

TSCA Reform Implementation and Expected 2018 Developments

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Some 20 months have passed since the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law, making wide and significant changes to the Toxic Substances Control Act (TSCA). During that time,...more

Bergeson & Campbell, P.C.

Administrator Pruitt Signs TSCA User Fee Proposal

On February 8, 2018, the U.S. Environmental Protection Agency (EPA) announced that EPA Administrator Scott Pruitt signed a proposed rule regarding user fees for the administration of the Toxic Substances Control Act (TSCA)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Toxic Substances Control Act:/Environmental Council of the States Comments: Chemical Data Reporting/Requirements for Inorganic...

The Environmental Council of the States (“ECOS”) submitted December 11th comments to the United States Environmental Protection Agency (“EPA”) on: Chemical Data Reporting: Requirements for Inorganic Byproduct Chemical...more

Beveridge & Diamond PC

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

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Under the 2016 TSCA amendments, risk evaluation is the critical step toward EPA banning or restricting chemicals, or else determining that they will not be regulated. As required by those amendments, EPA has promulgated a...more

K&L Gates LLP

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

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

Beveridge & Diamond PC

TSCA Reform Implementation Update

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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

Faegre Drinker Biddle & Reath LLP

EPA Proposes to Ban Certain Uses of TCE Under TSCA

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

K&L Gates LLP

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

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

Bradley Arant Boult Cummings LLP

Landmark Reform of Federal Chemicals Law Will Significantly Impact Chemical Manufacturers and Users

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety Act for the 21st Century Act (“Lautenberg Act”), a sweeping and historic overhaul of our nation’s primary chemical management law, the...more

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