September 18, 2019

September 18, 2019

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September 16, 2019

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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).

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About this Author

Mark Duvali, Environmental Attorney, Beveridge Diamond PC
Principal

Mark Duvall has over two decades of experience working in-house at large chemical companies.  His focus at Beveridge & Diamond, P.C. has been on product regulation at the federal, state, and international levels across a wide range of programs, and occupational safety and health.  He co-chairs the Firm's Chemicals, Products, and Nanotechnology practice group. 

He heads the Firm’s Toxic and Harmful Substances/Toxic Substances Control Act practice.  His experience under TSCA includes enforcement actions, counseling, rulemaking, advocacy, and legislative actions.  He chairs the...

202-789-6090
Timothy Sullivan, Environmental Lawyer, Beveridge & Diamond Law Firm
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 CERCLA, the Endangered Species Act, and the Clean Water Act. In addition to his work for clients, Mr. Sullivan 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.

410-230-1355
Sarah A. Kettenmann, Beveridge Diamond, general environmental litigation lawyer, regulatory practice attorney
Associate

Sarah Kettenmann maintains a general environmental litigation and regulatory practice. Prior to joining the Firm, Sarah served as a judicial clerk for Chief Justice Chase T. Rogers in the Supreme Court of Connecticut.

During her time at Pace Law School, Sarah  served as a judicial extern for Judge Laura Taylor Swain in the U.S. District Court for the Southern District of New York (S.D.N.Y.), and  interned in the Civil Division of the U.S. Attorney’s Office, S.D.N.Y., and in the King’s County District Attorney’s Office.  She also served as an...

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Ryan J. Carra, Environmental Attorney, Beveridge & Diamond Law Firm
Associate

Ryan Carra utilizes his extensive technical background to assist in counseling clients in the electronics, chemicals, and energy sectors regarding a variety of environmental regulatory issues.  Ryan has advised on questions relating to waste classification, chemical hazard classification, chemical notification requirements, and requirements relating to radiation-emitting equipment both domestically and abroad.  Specifically, Ryan is well versed in international agreements relating to materials restrictions and waste, such as the Basel and Minamata Conventions.

Ryan has reviewed...

202-789-6059