June 25, 2019

June 24, 2019

Subscribe to Latest Legal News and Analysis

Several TSCA Rulemakings Pending OMB Review

The U.S. Environmental Protection Agency (EPA) has sent several proposed rules to implement the new changes to TSCA to the Office of Management and Budget (OMB) for approval. These proposals are highlighted in the table below. Also included is the final rule for nanoscale materials, which EPA initiated under TSCA section 8(a) prior to enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. As we discuss here, OMB typically takes 90 days to review rulemakings prior to publication in the Federal Register. With this timing, many of these rules may not reach publication before Inauguration Day on January 20, 2017. This opens the door for a new administration to amend these rulemakings before they become available for notice and comment or to revise them and reopen the notice and comment period. 

 

Rule

 

 

TSCA Section

 

Date Received by OMB

 

Legal Deadline

 

RIN

Proposed Procedures for Evaluating Existing Chemical Risks    

 

6(b)(4)(B)

11/10/16

June 22, 2017

2070-AK20

Proposed Procedures for Prioritization of Chemicals for Risk Evaluation 

 

6(b)(1)(A)

 

11/07/16

June 22, 2017

2070-AK23

Proposed Rule on N-Methylpyrrolidone (NMP) and Methylene Chloride (MC) in Paint Removers

 

6(a) / 26(l)(4)

10/24/16

--

2070-AK07

Final Rule on Reporting and Recordkeeping Requirements for Nanoscale Materials

 

8(a)

10/07/16

--

2070-AJ54

Proposed  Rule on Trichloroethylene (TCE) in Commercial Vapor Degreasing Applications 

 

6(a) / 26(l)(4)

09/30/16

--

2070-AK11

Proposed Rule on TCE in Spot Cleaning and Aerosol Degreasing Applications

 

6(a) / 26(l)(4)

07/27/16

--

2070-AK03

© 2019 Keller and Heckman LLP

TRENDING LEGAL ANALYSIS


About this Author

Adrienne M. Timmel, Keller Heckman, Pre-Market Chemical Approval Lawyer, Products Safety Attorney
Associate

Adrienne Timmel practices in all areas of environmental law and also advises clients on product safety and energy performance matters. In particular, Ms. Timmel assists clients in obtaining pre-market approval of chemicals and pesticides in the U.S. and international markets. She has helped clients navigate and comply with the Federal fuels regulations and Federal energy efficiency regulations for residential appliances and commercial equipment.  Her work has also included counseling clients in the development of biofuels and engaging in settlement negotiations with the...

202.434.4164