News & Analysis as of

Toxic Substances Control Act (TSCA)

Wrap-Up of Federal and State Chemical Regulatory Developments, July 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Releases Final Test Guideline For Performance Against Bed Bugs: On June 14, 2017, the U.S. Environmental Protection Agency (EPA) announced the availability of a final test guideline, Laboratory Product...more

At the One-Year Mark, the EPA’s Existing Chemical Review Process is Taking Shape: What Does That Mean for Your Business?

On Thursday, June 22, 2017, the Environmental Protection Agency (EPA) announced a series of actions implementing its new authority to review the safety of chemicals already in U.S. commerce under the recently amended Toxic...more

EPA Releases TSCA Final Rule on Prioritization of High-Priority and Low-Priority Chemical Substances

by Beveridge & Diamond PC on

Under the amended TSCA, prioritization – EPA’s process for selecting which chemical substances to evaluate for possible regulation – is the gatekeeper. EPA has just adopted a final rule describing its process for selecting...more

The TSCA Inventory Reset Clock to Start Ticking

by Beveridge & Diamond PC on

Virtually all manufacturers and importers of chemicals for the past 11 years are now subject to a new TSCA reporting requirement known informally as the TSCA Inventory Reset. Reports will be due six months after the final...more

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

by Beveridge & Diamond PC on

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

Unique Identifiers: A Little-Noticed TSCA Provision Could Have a Big Impact on CBI

by Beveridge & Diamond PC on

Protection for confidential business information (CBI) could be at risk under one provision of the amended Toxic Substance Control Act (TSCA) now under consideration by EPA. TSCA’s little-noticed section 14(g)(4) requires...more

EPA Issues Final TSCA Framework Rules

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) released on June 22, 2017, the pre-publication Federal Register notices of the final framework actions under the Toxic Substances Control Act (TSCA), as revised by the Frank R....more

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2017

by Bergeson & Campbell, P.C. on

Join the Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health on June 27, 2017, for a day-long conference exploring the federal government’s implementation of the...more

Green Chemistry & Engineering Conference June 13-15, 2017, Reston, Virginia

The 21st Annual Green Chemistry & Engineering Conference (GC&E), hosted by the American Chemical Society’s (ACS) Green Chemistry Institute, will be held in Reston, Virginia, on June 13-15, 2017. GC&E is a gathering...more

President’s FY18 Budget Proposes Historic Cuts to EPA Funding and Staffing

On May 23, 2017, the White House unveiled the full version of President Trump’s proposed budget for fiscal year (FY) 2018 entitled “A New Foundation for American Greatness.” As signaled in the President’s “skinny budget”...more

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

Clock is Ticking on TSCA Inventory Reset - EPA to issue final rule in coming weeks that imposes sweeping new notification...

The 2016 amendments to the Toxic Substances Control Act (TSCA or the Act), modified Section 8(b) of the statute to require the United States Environmental Protection Agency (EPA) to designate each chemical substance on the...more

TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

by Beveridge & Diamond PC on

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16,...more

SEMI Will Host Webcast on New TSCA Requirements for Nanoscale Materials

by Bergeson & Campbell, P.C. on

On June 1, 2017, in concert with industry partners, SEMI will host an information-sharing webcast concerning the new regulatory requirements for nanoscale materials under the Toxic Substances Control Act (TSCA). Jim Alwood,...more

EPA Seeks Comment on Draft Guidance for Nanoscale Materials Reporting Rule

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published a Federal Register notice on May 16, 2017, announcing the availability of and requesting public comment on a draft guidance document entitled “Guidance on EPA’s Section...more

Wrap-Up of Federal and State Chemical Regulatory Developments, May 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - Lynn L. Bergeson, Environmental Quality Management, Winter 2016: On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law substantially...more

EPA Delays Effective Date of TSCA Section 8(a) Rule Concerning Nanoscale Materials

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) published on May 12, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA) Section 8(a)...more

EPA Will Delay Effective Date of TSCA Section 8(a) Rule Concerning Nanoscale Materials

by Bergeson & Campbell, P.C. on

The U.S. Environmental Protection Agency (EPA) is scheduled to publish on May 11, 2017, a Federal Register notice delaying the effective date of the January 12, 2017, rule concerning Toxic Substances Control Act (TSCA)...more

EPA to Host Meeting and Solicit Comments on Assignment and Application of Unique Identifiers under TSCA Section 14

On May 8, 2017, the U.S. Environmental Protection Agency (EPA) issued in the Federal Register a notification stating that a public meeting will be held to elicit public input on approaches for assigning and applying Unique...more

Wrap-Up of Federal and State Chemical Regulatory Developments, April 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA - EPA Denies TSCA Section 21 TBBPA Petition: On March 17, 2017, the U.S. Environmental Protection Agency (EPA) denied a Toxic Substances Control Act (TSCA) Section 21 petition submitted by, among others,...more

What’s New in Washington: 10 Things You Need to Know

Congress entered into its spring recess on April 7 having delivered regulatory reforms to President Trump’s desk. In the first 75 days of the Trump administration, legislators approved 13 Congressional Review Act resolutions,...more

What’s That Smell? An Examination of Legal Developments Related to Formaldehyde Products

Is that formaldehyde you smell in your newly floored sunroom? Hopefully, it is not. Formaldehyde is a colorless, flammable, strong-smelling chemical used in construction and household products, such as cabinets, furniture,...more

TSCA Amendment: Upcoming Inventory Rule

by Foley & Lardner LLP on

On June 22, 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the Amendment), which amends the Toxic Substances Control Act (TSCA), was signed into law. Under this amendment, EPA was authorized, amongst...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2017

by Bergeson & Campbell, P.C. on

TSCA/FIFRA/NTP - Lynn L. Bergeson, Charles M. Auer, and Carla Hutton, “Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials,” Bloomberg...more

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