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TSCA Nanomaterial Reporting Rule: EPA Delays Effective Date and Releases Draft Guidance for Public Comment

The U.S. Environmental Protection Agency (“EPA”) issued its Draft Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce ( “Draft Guidance”) on May 16, 2017. See 82 Fed. Reg. 22452 (May 16,...more

EPA Stays RMP Rule Amendments and Grants Petition for Reconsideration

The U.S. Environmental Protection Agency has stayed the implementation of a significant revision of the Risk Management Program (RMP) rule pending the receipt of additional comments. Simultaneously, EPA has granted a request...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. This historic legislation overhauled the Toxic...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)...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Emission Standards for Composite Wood Products (the...more

New TSCA Requirements for Chemical Importers

Companies planning to ship chemical-based products to the United States should have a basic understanding of the Toxic Substances Control Act (TSCA), the key U.S. chemicals law. That law was substantially amended in June...more

EPA’s Formaldehyde Standards for Composite Wood Products Pose Challenges for Industry, Particularly Importers

Importers, retailers, and others that sell goods containing plywood or other composite wood products face significant compliance challenges from EPA’s new Formaldehyde Standards for Composite Wood Products (the Standards)....more

OSHA, EPA and DOI Increase Maximum Civil Penalties

This summer, many federal agencies increased civil monetary penalties as much as 150 percent in response to new legislation mandating that federal agencies "catch up" with inflation and remedy past government failures to...more

Chemical Data Reporting Rule: The Time Is Now

Every four years, domestic manufacturers and importers of chemicals must report to the Environmental Protection Agency under the Chemical Data Reporting rule (CDR). The next reports are due in three months, on September 30,...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. This historic legislation overhauls the Toxic Substances Control Act (TSCA) for the first...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...more

Key Governmental Obligations Under TSCA Reform Legislation

On December 17, 2015, the Senate unanimously approved legislation to amend the Toxic Substances Control Act (TSCA). The Senate had been considering its own legislation, S. 697, but ultimately did not vote on that bill....more

TSCA Legislation Passes the Senate, Nears Final Passage

On December 17, 2015, the Senate unanimously approved legislation to amend the Toxic Substances Control Act (TSCA). The legislation amended the bill already approved by the House of Representatives by substituting the text...more

Substantial OSHA Penalty Increases Are Coming

OSHA penalties are going up. EPA’s penalties are going up, too. However, while EPA penalties have been going up modestly every four years to take inflation into account, OSHA penalties have not increased in 25 years. Maximum...more

TSCA Reform Nears Enactment with Easy Passage in the House

The House of Representatives passed the TSCA Modernization Act of 2015 (H.R. 2576) on June 23, 2015 by a vote of 398 to 1, indicating that the long-awaited overhaul to the federal chemicals management law may be just around...more

EPA Proposes Reporting Requirements for Nanoscale Materials

On April 6, EPA published a proposed rule that would impose one-time reporting requirements under the Toxic Substances Control Act (TSCA) on manufacturers and processors of nanoscale forms of certain chemical substances....more

EPA Significant New Use Rule for Benzidine-Based Substances Signals Broader Approach to Regulating Chemicals in Articles

On December 29, 2014, the Environmental Protection Agency (EPA) published a final significant new use rule (SNUR) with potentially broad implications for future chemical management policy under the Toxic Substances Control...more

EPA Updates TSCA Work Plan for Chemical Assessments

The Environmental Protection Agency (EPA) has updated its Toxic Substances Control Act (TSCA) Work Plan of chemicals for further assessment. EPA first released the TSCA Work Plan in early 2012 to help focus and direct the...more

EPA Reworks Strategy For Regulation of Nanomaterials Under TSCA; Proposed Rule Sent to OMB

The Environmental Protection Agency (EPA) has withdrawn its long-delayed proposal to regulate nanotechnology under the Toxic Substances Control Act (TSCA) and submitted a new alternative proposed rule for consideration and...more

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