Tag Archives: Toxic Substances Control Act (TSCA)

TSCA Criminal Provision Update: More Bark Than Bite

Written by and
On June 22, 2016, Congress passed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, updating the Toxic Substances Control Act (TSCA).[1] Congress kept standard violations—whether done knowingly or willfully—as misdemeanors, though it increased the maximum fine from $25,000 to $50,000. Keeping even willful TSCA violations as misdemeanors distinguishes TSCA from other environmental laws, including the Clean Air and Clean Water Acts, in which negligent violations are misdemeanors but knowing or willful violations are felonies. Congress did add a felony endangerment provision [...]Read more

US EPA Announces its Implementation Plan for TSCA Reform

Written by
TSCA Reform was signed into law just one week ago on June 22, 2016, but a mere one week later, on June 29, U.S. EPA has published its implementation plan, which sets an aggressive schedule to get into place the basic rulemaking frameworks to implement its vast new authorities. U.S. EPA is proposing to establish its regulatory framework for implementation of its new authorities into four main rulemakings, and propose three of them by mid-December 2016 in the twilight days of the Obama Administration. The four main rulemakings are: 1) prioritization process rule, 2) risk evaluation process [...]Read more

Historic TSCA Reform Signed Into Law

Written by
The outdated Toxic Substances Control Act (TSCA) has just received the most significant update in decades. On Wednesday, June 22, President Obama signed into law sweeping reforms, which had bi-partisan support in both houses. Last month, the U.S. House of Representatives voted overwhelmingly to approve a revised version of the Toxic Substances Control Act (TSCA) reform bill, H.R. 2576, originally approved by the House last year. The Senate passed the bill on June 7. The newly signed bill was a compromise following House and Senate negotiations to reconcile differences between last year’s House [...]Read more

TSCA Reform Passes Senate Unanimously

Written by and
Historic overhaul of the primary law governing the safety of chemical products in the U.S.—the Toxic Substances Control Act (“TSCA”)—has, after long delay, passed in the Senate. With agreement from all sides that the law is long overdue for modernization and reform, lawmakers have been working for years to update and reform TSCA.  Enacted in 1976, TSCA has never been significantly amended and the current legislation is poised to massively overhaul U.S. EPA’s authority over chemicals in commerce. In June 2015, the House of Representatives passed the bipartisan TSCA Modernization Act [...]Read more

Bipartisan TSCA Reform Bill Sails Through House

Written by and
Last night, the U.S. House of Representatives passed the TSCA Modernization Act of 2015 (H.R. 2576) with a near-unanimous vote of 398-1. The bipartisan bill now heads to the Senate, where a competing bill (S. 697) advanced last month. Lawmakers will have to resolve key differences between the bills before sending to President Obama. H.R. 2576 would update the 40-year old Toxic Substances Control Act for the first time. The bill’s key provisions remove cost as a factor in EPA’s chemical safety assessments, afford EPA more power to order new chemical safety data, and aim to create a more uniform [...]Read more

American Bar Association Publishes TSCA Reform White Papers

Written by
As reform of the Toxic Substances Control Act (TSCA) is in motion in both the Senate (legislation) and the House (legislation and hearings), the American Bar Association (ABA) has released five white papers that they hope will “promote greater awareness, understanding, and dialogue on TSCA as it exists today, and on the potential shape of future reforms.” ABA’s Section of Environment, Energy, and Resources (SEER) has provided in depth analysis to provide a framework of the overview of TSCAwith the group’s first of five white papers. ABA SEER’s other four white papers delve into specific [...]Read more

Draft TSCA Reform Bill Released

Written by
House Energy and Commerce Environment and the Economy Subcommittee Chairman John Shimkus (R-IL) released a discussion draft legislation to reform the Toxic Substances Control Act (TSCA). Shimkus’ subcommittee has held a number of hearings on TSCA reform within the last year, and has now formulated legislation that he believes can be moved forward. The Chemicals in Commerce Act (CCA) would create a tiered information development system, which would allow EPA to obtain the hazard and exposure information it needs to enforce the law. The bill would allow EPA to place chemicals in commerce into [...]Read more

Subcommittee Holds Hearing on TSCA Reform

Written by
Today, the House Energy and Commerce Committee’s Subcommittee on Environment and the Economy held their fifth hearing on ways to improve the Toxic Substances Control Act (TSCA). The hearing focused on TSCA sections 4 and 8. Subcommittee Chairman John Shimkus in his opening statement said in regards to section 4, “We need to push beyond re-litigating those cases and focus on what authorities EPA has now or could reasonably use in the future to produce tailored, necessary and high quality test data and other information to carry out TSCA.” The hearing also focused on section 8 of TSCA and EPA’s [...]Read more

TSCA Hearing Scheduled

Written by
The House Energy & Commerce Subcommittee on Environment and the Economy will hold a hearing on Wednesday November 13, 2013 to discuss S. 1009, “The Chemical Safety Improvement Act.” While a full witness list has yet to be published, it is expected to include representatives from the Environmental Protection Agency (EPA), the American Chemistry Council (ACC), American Cleaning Institute and the Environmental Defense Fund (EDF), among others. The committee has previously held a few hearings on the legislation, and they will continue to do so as they look for ways to improve the legislation, [...]Read more

House Holds Hearing on TSCA Reform

Written by
Today, the House Energy and Commerce Committee’s Environment and the Economy Subcommittee held a hearing entitled “Regulation of Existing Chemicals and the Role of Pre-emption Under Section 6 and 18 of the Toxic Substances Control Act.” The subcommittee had a diverse group of witnesses testify before them. The list includes: Mark Greenwood, Principal, Greenwood Environmental Counsel PLLC; William Rawson, Partner, Latham & Watkins, LLP; Lemuel Srolovic, Office of the Attorney General for New York State; Justin Johnson, Vermont Agency for Natural Resources; Jennifer Thomas, Director, Alliance [...]Read more