Toxic Substances Control Act (TSCA)

News & Analysis as of

EPA Proposes Rules to Implement TSCA Reform

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

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

States Consider 51 Bills to Restrict Chemicals in 2017

So far in the 2017 legislative cycle, 16 state legislatures are considering 51 bills seeking to restrict or otherwise regulate chemicals, just 8 months after sweeping changes to the federal Toxic Substances Control Act (TSCA)...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

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

TSCA/FIFRA/NTP - EPA Proposes Regulation Of TCE Use In Vapor Degreasing Under TSCA Section 6(a): On January 19, 2017, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 6(a) of the...more

Fifth Circuit Limits Reverse False Claims Act Liability

On December 13, 2016, in United States ex rel Simoneaux v. E.I. DuPont de Nemours & Co., No. 16-30141, 2016 WL 7228813 (5th Cir. Dec. 13, 2016), the Fifth Circuit rejected an expansive construction of “reverse” false claims...more

EPA Proposes Use Restrictions on TCE

EPA is proposing significant use restrictions and recordkeeping requirements on those facilities using or distributing trichloroethylene (TCE), a widely used industrial solvent. The agency proposed two rules in a month’s time...more

EPA Issues Formaldehyde Emission Standards for Composite Wood Products

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

What’s Happening at the EPA This Week — and What Does It Mean?

The Trump administration is barely a week and a half old, and its intention regarding Environmental Protection Agency (EPA) authority and oversight has been a hot topic. Here is an update about what we know — and what we...more

Climate Change Hits EPA: 30 Pending Regulations Frozen

In accordance with direction from the Trump administration, the U.S. Environmental Protection Agency (“EPA”) has published a final rulemaking delaying the effective date of 30 pending regulations until at least March 21,...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

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

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

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

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

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

Environmental Protection Agency Adopts National Limits on Formaldehyde Exposure for Composite Wood Products

On December 12, 2016, EPA published the final Formaldehyde Standards For Composite Wood Products Rule (the Rule) in the Federal Register. The compliance date for most aspects of the Rule is December 12, 2017, with a...more

EPA's First Regulation of Nanomaterials May Impact Supply Chains

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) issued a controversial rule requiring all persons who propose to commence manufacturing or processing certain nanoscale materials, or who have done so in the...more

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

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

Early January Environmental Odds And Ends

“The old order changeth, yielding place to new.” January 2017 has been a very active month, with several important environmental and federal administrative court rulings being issued, and many significant rules being proposed...more

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

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

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

TSCA/FIFRA/IRIS/NTP/TRI - EPA Promulgates Final TSCA Reporting And Recordkeeping Rule For Nanoscale Materials: After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a...more

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

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

EPA Promulgates Final TSCA Reporting and Recordkeeping Rule for Nanoscale Materials

After over a decade of effort, the U.S. Environmental Protection Agency (EPA) issued on January 12, 2017, a final rule under Section 8(a) of the Toxic Substances Control Act (TSCA) establishing reporting and recordkeeping...more

Final TSCA Reporting and Recordkeeping Rule for Nanoscale Materials Available

On January 12, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping...more

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