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Implementation of Modernized TSCA Begins

On June 22, 2016, "The Frank R. Lautenberg - Chemical Safety for the 21st Century Act," H.R. 2576, was signed by President Barack Obama. Effective the same day, the amended Toxic Substances Control Act (TSCA) includes a new safety standard, extensive changes to existing chemicals management, and an aggressive implementation schedule. Amended TSCA also has an immediate impact on companies that have new chemical submissions pending before the U.S. Environmental Protection Agency (EPA).  

On June 30, 2016, EPA held its first webinar to lay out the Agency's plans to implement the new TSCA. EPA explained that it has decided to interpret the new law as resetting the 90-day review period clock for TSCA section 5 premanufacture notice (PMN) reviews pending before the Agency as of the date of enactment. The Agency further indicated that it would try to complete PMN reviews and make the newly-required determinations within the original review period deadlines, but that a timely notice review is not guaranteed. It is significant to note, however, that as soon as EPA makes its determination under the new TSCA that a PMN substance is not likely to present an unreasonable risk of injury to health or the environment, the PMN submitter can immediately commence non-exempt manufacture or import, even if the Agency's determination is made before the expiration of the 90-day review period.

The Agency also made the following additional announcements:

  • Pursuant to its authority under section 26, EPA intends to issue section 6 rules for trichloroethylene (TCE) in spot cleaning, aerosol degreasing, and vapor degreasing applications and methylene chloride and N-methylpyrrolidone in paint removers, consistent with risk assessments EPA has already completed for those uses.

  • The Agency anticipates proposing rules on the section 6 prioritization procedure and fees it will assess under TSCA by mid-December for finalization by June 2017.

  • EPA plans to identify and commence risk evaluations on the initial set of 10 Work Plan chemicals by mid-December, for release of the scoping documents by mid-June 2017.

  • Companies have until September 22, 2016 to request risk evaluations of persistent, bioaccumulative and toxic (PBT) chemicals, otherwise, EPA plans to proceed with rulemakings to reduce exposure to the extent practicable.

EPA is posting information on this and other Agency implementation efforts on its new TSCA reform webpage, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act

© 2019 Keller and Heckman LLP


About this Author

 Thomas C. Berger, Keller Heckman, Environmental Protection lawyer, Product Liability Management Attorney

Tom Berger joined Keller and Heckman in 1993. Mr. Berger is a partner in Keller and Heckman's Washington DC office and heads Keller and Heckman's Indianapolis satellite office.

Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, occupational safety and health law, contracts, EPA enforcement proceedings, and chemical and product liability management. Mr. Berger assists clients in bringing new products to...

Herbert Estreicher Ph.D., Keller Heckman, International Regulation Lawyer, Environmental law Attorney

Herbert Estreicher, Ph.D. joined Keller and Heckman in 2003. He has a broad practice in international environmental regulatory law.

Dr. Estreicher has an interdisciplinary approach combining law and science. He represents leading manufacturers of chemicals, pesticides, insect repellents, food additives, and consumer products before Federal and State regulatory agencies.

Dr. Estreicher provides advice on product liability risk control and assists clients with crisis management for embattled products, including chlorinated pesticides, wood preservatives, dioxins, and persistent, bioaccumulative, and toxic (PBT) chemicals. He helps clients secure and maintain chemical approvals and pesticide registrations in Canada and Europe, advises clients on responding to the CEPA challenge program, and provides advice on European chemical directives and initiatives, such as the European Union (EU) Marketing and Use Directive, the EU Biocidal Products Directive, and the EU Registration, Evaluation and Authorization of Chemicals (REACH) regulation. Dr. Estreicher also represents clients in the negotiation and development of various international environmental instruments governing persistent organic pollutants (POPs), has been actively involved in the Great Lakes Binational Toxics Strategy, and has participated in the Canadian Strategic Options Process (SOP). He is actively engaged in the areas of TSCA Reform and the California Green Chemistry Initiative. His extensive background in organic chemistry, risk assessment and bioengineering is valued highly by clients in the chemical, nanotechnology, and biotechnology industries.

David G. Sarvadi, Keller Heckman, Occupational Health and Safety lawyer, Labor Litigation attorney

David Sarvadi joined Keller and Heckman in 1990. Mr. Sarvadi practices in the areas of occupational health and safety, toxic substance management, pesticide regulation, employment law, and product safety.

Mr. Sarvadi represents clients before a variety of federal and state enforcement agencies in legal proceedings involving OSHA citations, EPA Notice of Violations, TSCA consent orders, CPSC Notices, FIFRA Stop Sale Use and Removal Orders, and EEOC Charges of Discrimination. He works with clients in developing, reviewing, and auditing compliance...