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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.

This historic legislation overhauls the Toxic Substances Control Act (TSCA) for the first time in 40 years.  It is the first major environmental law to be enacted in 25 years (since the Clean Air Act Amendments of 1990).  A legislative effort that began in earnest in 2009 has resulted, seven years later, in a strengthened statute that gives EPA new authority to prioritize, evaluate, and regulate chemicals as appropriate, and gives stakeholders an important role in that process.[1]

With enactment of TSCA reform, attention now switches to EPA implementation of the new TSCA.  The amendments have no effective date, meaning that the new provisions take effect immediately, with no waiting period for EPA.  The attached table identifies the deadlines for actions under the updated statute, by section of TSCA.  Some of these are tied to the date of enactment, while others relate to actions with no mandated start date.  Also attached is a timeline of EPA deadlines.


[1] For a discussion of the amendments, see Beveridge & Diamond, P.C., “What’s New About the Revised TSCA” (June 2, 2016), and Beveridge & Diamond, P.C., “Now That TSCA Reform Is Here – What’s Next?” (June 8, 2016).

© 2020 Beveridge & Diamond PC National Law Review, Volume VI, Number 174

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About this Author

Mark N. Duvall Chemicals Regulation Attorney Beveridge & Diamond Washington, DC
Principal

Mark has over two decades of experience working in-house at large chemical companies. 

His focus is product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.

He leads the firm’s Chemicals group. His experience under the Toxic Substances Control Act (TSCA) includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions. Since the enactment of TSCA amendments in 2016, he has been heavily involved in advocacy, compliance activity, and litigation arising from EPA's implementation...

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Timothy M. Sullivan Environmental & Natural Resources Litigation Attorney Beveridge & Diamond Baltimore, MD
Office Managing Principal

Tim Sullivan’s practice focuses primarily on environmental and natural resources litigation before federal and state courts and adjudicatory bodies.

He represents and advises public and private clients in regulatory, litigation, and other matters involving many federal and state environmental and natural resources laws, with a particular emphasis on Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Endangered Species Act (ESA), and the Clean Water Act. Tim is the Managing Principal of Beveridge & Diamond's Baltimore office. 

    In addition to his work for clients, Tim is also active in state and federal professional activities. He is an adjunct Professor of Law in the Environmental Law Program at the University of Maryland School of Law where he teaches a seminar in Federal Public Lands and Natural Resources Law. He has also served as the Chair of the Environmental Law Section of the Maryland State Bar Association and as a Vice-Chair of the Endangered Species Committee of the ABA’s Section on Environment, Energy, and Resources.

    Tim came to B&D in 2006 from Portland, Oregon, where he represented clients in matters involving environmental and natural resources law and litigation for five years with a regional Pacific Northwest law firm.

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    Sarah A. Kettenmann Environmental Attorney Beveridge & Diamond New York, NY
    Associate

    Sarah uses her knowledge of environmental law and the physical sciences to help clients solve complex problems in a conservation-minded manner.

    She maintains a diverse environmental practice, which includes litigation matters involving toxic torts and products liability and class action litigation concerning environmental and regulatory claims. Her regulatory practice includes advising clients on compliance with, and enforcement of, land use restrictions and remediation, and due diligence for waste facility permits under federal and state statutes. She also counsels clients on...

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    Ryan J. Carra Environmental Attorney Beveridge & Diamond Washington, DC
    Principal

    A Ph.D. in Organic Chemistry compliments Ryan's law practice.

    Ryan uses his extensive technical background to counsel clients in the chemicals, products, and energy sectors regarding environmental regulatory issues. Ryan’s experience includes:

    • Advising clients on Toxic Substances Control Act (TSCA) matters, including implementation of the 2016 reform legislation.
    • Advising product manufacturers, retailers, and other clients on extended producer responsibility, waste classification, chemical hazard classification, chemical notification...
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