The U.S. Environmental Protection Agency (EPA) has proposed to ban almost all uses of methylene chloride (also called dichloromethane), a widely-used solvent and processing aid. The chemical was manufactured or imported in...more
Last year was busy with regulatory actions under the Toxic Substances Control Act (TSCA). This year promises to be even busier. Companies should make sure they are paying attention, including to comment deadlines for proposed...more
Does your company manufacture domestically or import chemicals that the U.S. Environmental Protection Agency (EPA) is reviewing under section 6 of the Toxic Substances Control Act (TSCA)? Does your company submit applications...more
The U.S. Environmental Protection Agency's (EPA) June 2021 proposal of a Toxic Substances Control Act (TSCA) reporting rule targeting manufacturers of per- and polyfluoroalkyl substances (PFAS) sparked a major outcry from...more
Companies often submit confidential business information (CBI) to the U.S. Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA) with the expectation that EPA will not divulge that information to...more
EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA...more
On December 31, 2021, New York Governor Kathy Hochul signed a new law that imposes obligations on manufactures of consumer “electronic displays,” upholstered furniture, and mattresses. Beginning January 2024, any new products...more
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
October 26, 2021 Update:
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...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
A federal court has ordered EPA to make extensive changes to its Chemical Data Reporting rule (CDR) with respect to asbestos reporting. While the ruling in ADAO v. Wheeler is limited to CDR reporting of asbestos, it sets the...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
Five and a half years after proposing changes to its significant new use rules (SNURs) on per- and polyfluoroalkyl substances (PFAS), EPA has finally released a final rule. On June 22, 2020, EPA issued (in prepublication...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
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
The chemical 1,4-dioxane has become a hot topic for EPA and state regulators. New York recently adopted a law banning more than trace amounts of the chemical in cosmetics, personal care products, and cleaning products....more
A centerpiece of EPA’s PFAS Action Plan, issued in February 2019, is finalizing a 2015 proposed rule under the Toxic Substances Control Act (TSCA) that would amend two significant new use rules (SNURs) on some 500...more
EPA announced a new policy that the agency will stop sending out notices of deficiency to companies that submit Confidential Business Information (CBI) under the Toxics Substances Control Act (TSCA) without substantiation. 84...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
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