A year into the Biden Administration’s implementation of the 2016 amendments of the Toxic Substances Control Act (TSCA), EPA is planning an ambitious suite of actions under sections 4, 5, 6, 8, 14, and 23. Companies and trade...more
Following up on the short-term extension that it issued in September, EPA has issued a notice of proposed rulemaking that will further extend the compliance deadline for the processing and distribution in commerce of certain...more
EPA has issued a prepublication version of a final rule to extend the submission deadline for the TSCA Health and Safety Data Reporting rule to December 1, 2021 for the 20 High Priority Substances, and to January 25, 2022 for...more
Updated September 17, 2021:
EPA continues to extend a key compliance deadline for PIP (3:1). In a final rule effective September 17, 2021, EPA delayed enforcing compliance with the ban on processing and distributing PIP...more
Vermont now has a law restricting per- and polyfluoroalkyl substances (PFAS) in a variety of products. After unanimous approval by both houses of the Vermont legislature, Governor Phil Scott signed into law S.20, an act that...more
Inventory Reset reporting under the Toxic Substances Control Act (TSCA) seems like years ago, because it was – Form A’s were due February 7, 2018 for manufacturers and October 5, 2018 for processors. Companies are now likely...more
During Inventory Reset in 2017-2018, did your company assert on Form A confidentiality claims for chemical identities on the confidential Toxic Substances Control Act (TSCA) Inventory? If so, you risk having EPA make those...more
Beware of fraudulent claims that products will kill the coronavirus (officially, the Novel Coronavirus SARS-CoV-2) or cure the disease caused by that virus (Novel Coronavirus Disease 2019, abbreviated as COVID-19). The Food...more
Who is subject to the upcoming obligation to self-identify as a manufacturer of a high-priority substance and pay a portion of a fee of more than a million dollars under EPA’s Toxic Substances Control Act (TSCA) fees rule? ...more
Companies now have more guidance on how to communicate Proposition 65 warnings for products sold through distributors. The California Office of Environmental Health Hazard Assessment (OEHHA) finalized the amendments proposed...more
Until today, EPA had not adopted a final risk management rule under section 6 of the Toxic Substances Control Act in 30 years. That drought has ended, now that EPA has published a final rule restricting consumer use of...more
EPA has taken another step in implementing the Toxic Substances Control Act (TSCA). It has announced the first set of 20 candidate chemicals for possible designation as high-priority substances and the first (possibly only)...more
EPA’s review of premanufacture notices (PMNs) for new chemical substances under the Toxic Substances Control Act (TSCA) has continued to suffer from significant delays. These delays in the PMN review process have been...more
EPA faces many TSCA statutory and regulatory deadlines for actions in 2019 and 2020. It has also announced plans to take numerous actions not subject to such a deadline. Industry should anticipate upcoming developments and be...more
Over the next year, California and New York will begin phasing in requirements for manufacturers of cleaning products – including household cleaners, as well as and clothes and dish detergents – to make extensive ingredient...more
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 2020, with 2019 as the principal...more
Does your company plan to submit a premanufacture notice (PMN) under section 5 of the Toxic Substances Control Act (TSCA)? Has it done so recently? If so, you need to know the answers to ten key questions: -
1. What are...more
California Governor Jerry Brown has signed into law Assembly Bill (“A.B.”) 2998, restricting the sale of flame retardant-containing children products and furniture. Effective January 1, 2020, A.B. 2998 prohibits any person...more
The composite wood product industry may face an earlier compliance deadline under EPA’s Formaldehyde Emission Standards for Composite Wood Products (Standards) than the deadline currently set by EPA. On February 16, 2018, a...more
Some 20 months have passed since the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law, making wide and significant changes to the Toxic Substances Control Act (TSCA). During that time,...more
State legislatures have been relatively active on chemical and material regulations in 2017. As previously reported here, at least 51 bills to regulate chemicals were introduced across the country’s state houses in 2017. ...more
On October 25, 2017, Senator Orin Hatch (R-UT) introduced S. 2003, the “FDA Cosmetic Safety and Modernization Act.” The proposed legislation would amend the Federal Food, Drug and Cosmetic Act of 1938 (“FFDCA”) and allow the...more
Since 1994, EPA has regulated hydrofluorocarbons (HFCs), which are potent greenhouse gases, through several programs under Title VI of the Clean Air Act (CAA) governing stratospheric ozone protection. In a recent decision,...more
Persistent, bioaccumulative, and toxic chemicals (PBTs) receive expedited attention under the amended Toxic Substances Control Act (TSCA). The Environmental Protection Agency (EPA) recently released background documents for...more
The Environmental Protection Agency (EPA) released the Working Guidance on EPA’s Section 8(a) Information Gathering Rule on Nanomaterials in Commerce (Guidance) on August 14, 2017. EPA developed the final Guidance based on a...more