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TSCA “Data Call In” Proposed for 16 Priority Chemicals, Including Hydrogen Fluoride

On March 26, 2024, the U.S. Environmental Protection Agency (EPA) issued a proposed rule under Section 8(d) of the Toxic Substances Control Act (TSCA) that would require manufacturers and importers of 16 chemical substances...more

EPA Overhauls Rules for Evaluating Existing Chemical Risks: Three Key Takeaways for Downstream Users

Only six months after proposing to amend the procedures for risk evaluations under the Toxic Substances Control Act (TSCA), the final rule was published in the Federal Register on May 3, 2024. A flurry of activity will soon...more

[Webinar] EPA Risk Evaluations Under TSCA: What’s at Stake and How to Prepare - May 16th, 12:00 pm - 1:00 pm EDT

On May 3, 2024, the U.S. Environmental Protection Agency’s (EPA) final rule on procedures for chemical risk evaluation under the Toxic Substances Control Act (TSCA) was published in the Federal Register. In the words of EPA’s...more

EPA Finalizes Significantly Higher TSCA User Fees

The U.S. Environmental Protection Agency (EPA) has issued its final rule that significantly raises user fees under the Toxic Substances Control Act (TSCA). As shown below, there are large fee increases in key areas such as...more

[Webinar] PFAS Ban in Maine: What Companies Need to Know About the March 1 Deadline for Currently Unavoidable Use Requests -...

Effective January 1, 2030, the sale of any industrial, commercial, or consumer product containing intentionally added Per- and Polyfluoroalkyl Substances (PFAS) will be banned in Maine unless the use of PFAS in the product is...more

PFAS and NDAA 2024

We took a look at the 2024 NDAA with respect to PFAS, since Congress has a track record of passing substantive provisions to require EPA to regulate PFAS in prior NDAA legislation. Although not as consequential as the 2020...more

PFAS Reporting on the Rise in the United States

Many companies that were unaffected by Per- and Polyfluoroalkyl Substances (PFAS) reporting obligations will likely have to comply with the new reporting obligations illustrated in the Figure below. Just last week, the U.S....more

Beware of the Looming Supply Chain Challenges for PFAS Reporting Under TSCA

Welcome back to The WELL. Let’s begin with an adaptation of the “The Ant and the Grasshopper,” when they met this summer on a field. The Grasshopper was relaxing because the final Perfluoroalkyl and Polyfluoroalkyl Substances...more

EPA’s Mandatory PFAS Reporting Rule Under TSCA Includes Thousands of Products, No Exemptions for Impurities or Imported Articles

On September 28, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule to require reporting under Section 8(a)(7) of the Toxic Substances Control Act (TSCA) for Perfluoroalkyl and Polyfluoroalkyl Substances...more

What to Expect for Risk Management Activities Under TSCA in 2023

Here is a chart for our readers on what to expect for risk management activities under TSCA in 2023. It is going to be a busy year....more

[Podcast] Catching Up on Canadian Environmental Regulation [Audio]

In this follow-up to last year’s episode, “The Great Green North: A Discussion on Canada’s Environmental Regulations,” Martha Marrapese and W. Scott Thurlow come together once again to discuss updates in Canada’s...more

[Webinar] Innovating Under TSCA – How Companies Can Innovate Under The EPA’s New Chemicals Program - March 1st, 12:00 pm - 1:00 pm...

Our upcoming TSCA Tuesdays webinar will focus on the U.S. Environmental Protection Agency’s (EPA’s) New Chemicals Program and how companies can innovate. Given the number of new developments, we have invited industry experts...more

OEHHA’s Prop 65 Proposal Signals Short Life Span for Short Form Warning

California’s Office of Health Hazard Assessment (OEHHA) issued a notice on Dec. 13th that proposes a surprising number of changes to the simple short form warning approach under Proposition 65. The proposal presents another...more

[Webinar] TSCA Forecast for 2022 - January 11th, 12:00 pm - 1:00 pm EST

Erik Baptist will provide a forecast for 2022, which will be a transformative and impactful year for the U.S. Environmental Protection Agency’s (EPA’s) implementation of the amendments to the Toxic Substances Control Act...more

[Webinar] TSCA Tuesdays: Risk Management Strategies - December 7th, 12:00 pm - 1:00 pm EST

Erik Baptist and Charlotte Bertrand will take a deep dive into the U.S. Environmental Protection Agency’s (EPA’s) risk evaluations and what you need to know about the strategic approaches EPA may take for the risk management...more

[Webinar] TSCA Tuesdays: Health and Safety Data - November 2nd, 12:00 pm - 1:00 pm EDT

Martha Marrapese will break down the Toxic Substances Control Act (TSCA) section 8 reporting rules on existing chemicals and the U.S. Environmental Protection Agency’s (EPA’s) planned TSCA Data Reporting (TDR) rulemaking....more

The Great Green North: A Discussion on Canada’s Environmental Regulations [Audio]

On today’s episode, Martha Marrapese and W. Scott Thurlow discuss Canada’s regulatory developments in the environmental and chemical spaces. Martha and Scott offer a review of the environmental regulatory differences between...more

Wiley Biotech Briefings – An Advanced Course for the Regulatory Professional: TSCA and Industrial Biotechnology  [Video]

When is a microbe or microalgae considered naturally occurring and when are they subject to EPA premanufacture review? What kinds of products produced by microbes and microalgae are subject to TSCA? Wiley Environment &...more

TSCA and PFAS – Important New Developments

Per- and Polyfluoroalkyl Substances (PFAS) broadly refers to the family of perfluoroalkyl and polyfluoroalkyl substances. These man-made chemicals were developed in the 1940’s and PFASs have been used to greaseproof,...more

TSCA Actions - December 2020

Season’s Greetings to our WELL Readers. In today’s blog, we summarize the tremendous amount of TSCA activity this month – with more to come. What a C8 or longer PFAS surface coating is meant to be. The draft guidance was...more

U.S. Brands Importing Finished Goods to the European Union – Are You Ready for the January 5, 2021, Submission Deadline for SCIP?

SCIP, of course, stands for “Substances of Concern In Articles, as such or in Complex Objects (Products)”. And, despite widespread speculation that the deadline for reporting would be extended, the anticipated deadline of...more

The Continued Challenge Presented by Exposure Considerations in EPA Risk Evaluations

This week, Erik and I were communicating with a friend and colleague who is an expert technical consultant for TSCA risk evaluations. Specifically, we were exchanging emails on how EPA interprets conditions of use. Our...more

TSCA Cost Sharing Consortias Are Broken Due to EPA Rule – Can They Be Fixed?

Under the EPA fee rule for TSCA (40 C.F.R. § 700.45), manufacturers (including importers) of chemicals undergoing risk evaluation are subject to the TSCA fee of $1.35 million. Following publication of a preliminary list of...more

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