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Showing 18 posts by Timothy M. Serie.

The TSCA Inventory Reset Begins

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 are due by February 7, 2018.  All processors of chemicals have an opportunity and an incentive to report as well, and may do so by October 5, 2018. The final Inventory Reset rule was released on June 22 and published on August 11, 2017,[1] and is effective immediately. The final rule is available here.  It will be codified as 40 C.F.R. Part 710, Subpart B. Read More ›

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

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 final rule governing the risk evaluation process for the foreseeable future.  This important development means that stakeholders have a better idea of how they can impact EPA’s review of chemicals important to them. Read More ›

EPA’s Risk Evaluation Framework Rule Incorporates Key Industry Suggestions

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 final rule governing the risk evaluation process for the foreseeable future.  This important development means that stakeholders have a better idea of how they can impact EPA’s review of chemicals important to them. Read More ›

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

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.  Read More ›

The TSCA Inventory Reset Clock to Start Ticking

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 rule is published.  All processors of chemicals have an opportunity and an incentive to report as well.  EPA released a prepublication version of the final Inventory Reset rule on June 22, 2017. Read 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.[1]  This historic legislation overhauled the Toxic Substances Control Act (TSCA) for the first time in 40 years.[2]  Attention has now switched to EPA implementation of the new TSCA.  This alert summarizes EPA’s implementation activities and challenges since June 2016 and highlights upcoming milestones. Read 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) were signed into law on June 22, 2016. Many of these new state bills follow recurring themes from 2016, while others signal new trends.  The attached  chart provides details regarding active state bills in the 2017 legislative cycle. Read More ›

A Few States Adopt Chemical Legislation Despite TSCA Reform

State legislatures continue to consider legislation to restrict chemicals even as, at the federal level, the Toxic Substances Control Act has been thoroughly overhauled by the Frank R. Lautenberg Chemical Safety for the 21st Century Act.  As previously reported here, over 60 bills to restrict chemicals in various ways were introduced earlier this year.  Now that many state legislative sessions have ended, it’s time to assess the results, presented in the attached chartRead More ›

TSCA Reform Becomes Law; Now the Clock Starts to Tick on Implementation

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, H.R. 2576. Read More ›

What’s New About the Revised TSCA

After years of effort, comprehensive legislation to reform the Toxic Substances Control Act (TSCA) passed the House of Representatives on May 24, 2016.  The Frank R. Lautenberg Chemical Safety for the 21st Century Act is expected to pass the Senate the week of June 6.  President Obama is expected to sign the legislation shortly thereafter.  At that point, the Environmental Protection Agency (EPA) will begin its implementation of the new TSCA.

This alert first highlights key ways in which passage of TSCA amendments will impact industry.  Next, it outlines the key changes that the legislation will make to TSCA.  It then identifies those provisions of the bill as passed by the Senate in December 2015 that are retained in the bill as passed by the House on May 24 (thus expected to remain in the final Senate-passed version) and those provisions that are changed.  Finally, it considers what is likely to happen in the early days of implementation of the new TSCA. Read More ›