TSCA

News & Analysis as of

Wrap-Up of Federal and State Chemical Regulatory Developments April 2015

EAB Reverses Epic Penalty In Elementis Case, But Affirms EPA's "Continuing" TSCA Section 8(e) Interpretation: On March 13, 2015, the U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) reversed the...more

Competing Proposed Bills in U.S. Congress Look to Reform Outdated Toxic Substances Control Act

Earlier in March, two separate bills were introduced in the United States Senate seeking to update the Toxic Substances Control Act (TSCA) of 1976. The outdated federal legislation was meant to provide the Environmental...more

TSCA Reform: House Subcommittee Holds Hearing on TSCA Modernization Act

On April 14, 2015, the House Energy and Commerce Subcommittee on Environment and the Economy held a hearing on the discussion draft of the TSCA Modernization Act of 2015 (TMA DD) introduced by Subcommittee Chair John Shimkus...more

House Energy And Commerce Subcommittee To Hold Hearing On TSCA Reform Draft

On April 7, 2015, the U.S. House of Representatives' Committee on Energy and Commerce announced that the Subcommittee on Environment and the Economy will hold a legislative hearing on a new discussion draft of the TSCA [Toxic...more

Toxic Tort and Environmental Litigation: Toxic Substances Control Act - Reform at Last? (4/15)

Efforts to reform the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601 et seq., have been underway for several years, but to date, none have succeeded in modifying how this often criticized law regulates chemicals in...more

TSCA Reform: Shimkus Releases Discussion Draft of TSCA Reform Legislation

On April 7, 2015, Representative John Shimkus (R-IL), Chair of the House Energy and Commerce Subcommittee on Environment and the Economy, released a Discussion Draft of the "TSCA Modernization Act of 2015" (TMA DD). ...more

TSCA: EPA Opens Docket for Proposed TSCA Section 8(a) Rule for Nanomaterials

The U.S. Environmental Protection Agency's (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or...more

No Small Issue: EPA’s Proposed Rule for Nanoscale Material Reporting

Arguably necessary and long overdue, but not without issues and challenges. Introduction - On March 25, 2015, the U.S. Environmental Protection Agency (EPA or the Agency) issued a Proposed Nanoscale Material...more

Comments Due July 6 on Proposed Reporting and Recordkeeping Requirements for Nanoscale Materials

The U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for certain chemical substances when manufactured or...more

EPA Proposes Reporting Requirements for Nanoscale Materials

On April 6, EPA published a proposed rule that would impose one-time reporting requirements under the Toxic Substances Control Act (TSCA) on manufacturers and processors of nanoscale forms of certain chemical substances....more

Senate EPW Committee Holds Hearing On TSCA Reform Bill

On March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). ...more

TSCA: EPA Proposes Reporting and Recordkeeping Requirements for Nanoscale Materials

On March 25, 2015, the U.S. Environmental Protection Agency (EPA) issued a prepublication version of a Toxic Substances Control Act (TSCA) Section 8(a) proposed rule concerning reporting and recordkeeping requirements for...more

Environmental Appeals Board Vacates Penalties for TSCA Section 8(e) Violations

The U.S. Environmental Appeals Board (EAB) issued an opinion this month that sheds light on section 8(e) of the Toxic Substances Control Act (TSCA); specifically, the applicability of the “continuing violations doctrine” to...more

Udall-Vitter TSCA Reform Bill Builds Momentum for Passage; Senators Boxer, Markey Respond with Competing Legislation

On March 10, 2015, Senators Tom Udall (D-N.M.) and David Vitter (R-La.) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697), to modernize the Toxic Substances Control Act (TSCA). ...more

TSCA Reform: Detailed Analysis of the Alan Reinstein and Trevor Schaefer Toxic Chemical Protection Act

As noted in our recent memorandum on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697, Lautenberg), Senators Barbara Boxer (D-CA) and Ed Markey (D-MA) recently introduced the Alan Reinstein and Trevor...more

Fourth Circuit Continues Trend toward Narrowing Scope of CERCLA Arranger Liability

Action Item: With federal courts moving toward limiting arranger liability under CERCLA, companies that sell new or used products containing hazardous substances should heed the guidance of those courts and take certain...more

Senate EPW Hearing On TSCA Reform

On Wednesday, March 18, 2015, the U.S. Senate Committee on Environment and Public Works (EPW) held a hearing on S. 697, the Frank R. Lautenberg Chemical Safety for the 21st Century Act. ...more

TSCA Reform: Senate Committee Holds Hearing on Frank R. Lautenberg Chemical Safety for the 21st Century Act

On March 18, 2015, the Senate Environment and Public Works Committee held a hearing on the Frank R. Lautenberg Chemical Safety for the 21st Century Act (S. 697). ...more

New Bipartisan TSCA Legislation Introduced In Senate

On March 10, 2015, Senators Tom Udall (D-NM) and David Vitter (R-LA) introduced the Frank R. Lautenberg Chemical Safety for the 21st Century Act, a bipartisan bill that would reform the Toxic Substances Control Act (TSCA)....more

TSCA Reform: Detailed Analysis of Frank R. Lautenberg Chemical Safety for the 21st Century Act: Significant Changes Made to...

The Senate over the past several years has considered a number of legislative texts to amend the Toxic Substances Control Act (TSCA). These include the Safer Chemicals Act, several versions of which were introduced by Senator...more

Wrap-Up of Federal and State Chemical Regulatory Developments, March 2015.

EPA's Endocrine Disruptor Screening Program Updates EDSP Comprehensive Management Plan: On February 21, 2014, the U.S. Environmental Protection Agency (EPA) updated its Endocrine Disruptor Screening Program (EDSP)...more

TSCA Reform and Its Implications for Manufacturers

Even if you’re well-versed in environmental statutes, one you might not spend a lot of time thinking about is the Toxic Substances Control Act, or TSCA.  ...more

TSCA Reform: "Tom Udall's Unlikely Alliance With the Chemical Industry" New York Times (March 2015)

Headlines in The New York Times (NYT) describing a cozy relationship between a liberal Democratic Senator from New Mexico and the chemical industry is not a common occurrence. ...more

EPA Grants BRAG Petition Requesting Partial CDR Exemptions for Biodiesel Products

On January 16, 2015, the U.S. Environmental Protection Agency (EPA) granted a petition from the Biobased and Renewable Products Advocacy Group (BRAG®) to add "biodiesel" as a chemical category for partial reporting exemption...more

Wrap-Up of Federal and State Chemical Regulatory Developments, 1/15

Predictions And Outlook For EPA's Office Of Chemical Safety And Pollution Prevention (OCSPP) 2015: 2015 will be a very interesting year. There are two overarching considerations that will make the year more difficult to...more

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