TSCA coverage highlights

As the new Toxic Substances Control Act (TSCA) continues to take shape, Chemical Watch will be providing insights on each phase of the implementation process and analysing the on-the-ground impacts as they unfold.

Passage of the Frank R Lautenberg Chemical Safety for the 21st Century Act in June 2016 updated the US's chemical regulatory scheme for the first time in close to 40 years. We are engaging with federal and state regulators, businesses and advocacy groups to bring you the latest news on what the new law means for the regulated community, and the key challenges being faced in bringing it into force. 

State attorneys general call TSCA solvent risk evaluations 'unlawful'

23 January 2020-Attorneys general from ten US states have called the EPA’s approach under TSCA to evaluating the risk posed by two solvents "unlawful and irrational", in a comment letter that may portend future legal challenges for the agency. The letter – cosigned by AGs from New York, Illinois, Maine, Maryland, Read more 

Article importers not exempt from TSCA risk evaluation fees, EPA confirms

15 January 2020- The US EPA’s requirement for importers of articles containing high-priority chemicals to pay a portion of the fees for administering TSCA risk evaluations could bring confusion and inadvertent noncompliance, according to comments shared with Chemical Watch. Last month, the EPA designated theRead more 

Methylene chloride brings ozone depletion angle to TSCA debate

9 January 2020- The US EPA should consider the ozone-depleting potential of methylene chloride and other halogenated solvents in its TSCA risk evaluations, according to one NGO. Published in October 2019 Read more 

EPA finalises next 20 substances to be evaluated under TSCA

20 December 2019- The US EPA has finalised its selection of 20 high-priority substances that will undergo a TSCA risk evaluation. The list comprises seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive and a polymer precursor. The agency’s 20 December  Read more 

EPA releases updated TSCA new chemicals policy framework

20 December 2019 - The US EPA has published a revised policy document setting out how it makes safety determinations on new chemicals under TSCA. The updated version of the New chemicals decision-making framework comes more than two years after publication of the original, and follows a recent public meeting in Washington, DC, that focused on the agency’s approach to conducting pre-market reviews of substances under section 5 of TSCA.Read more 

Sacc sounds more positive note in TSCA evaluation of 1-BP

19 December 2019- The US EPA’s independent peer review body has identified "significant improvements" in the TSCA draft risk evaluation of 1-bromopropane, relative to the first three the committee assessed. However, the 16 December report from the Science Advisory Committee on Chemicals raised several issues with the agency’s assessment,Read more 

TSCA systematic review approach: EPA initiates independent evaluation

16 December 2019 - The US EPA has initiated a peer review of its approach to selecting and evaluating scientific studies that inform its TSCA risk evaluations, a long-awaited move that is likely to bring fresh energy to an ongoing debate about the agency’s systematic review method. The EPA Read more 

TSCA NMP assessment should address semiconductor applications as ‘standalone’ use

12 December 2019- An industry trade association has called on a US EPA advisory panel to recognise the uniqueness of operations occurring in semiconductor fabrication facilities, in relation to the TSCA review of the solvent N-methylpyrrolidone (NMP). The comments from theRead more 

Public meeting sees US EPA criticised over Snur use

11 December 2019 - The US EPA has set out its thinking on the use of significant new use rules when assessing and managing the potential risks posed by new chemicals under TSCA. However, the increased insight the agency gave at a public meeting it held on 10 December did little to quell the continued disagreement over the approach it has adopted. Read more 

EPA's issuance of Snurs after 'not likely' finding comes under fire

11 December 2019 -The US EPA’s issuance of TSCA significant new use rules (Snurs) following a determination that a substance is unlikely to pose an unreasonable risk has stirred industry concern, according to comments submitted to the US EPA. At issue is a subset of Snurs, proposed in OctoberRead more 

US EPA considering plans to ‘streamline’ CBI review process

11 December 2019- The US EPA plans to streamline its review of confidentiality claims under TSCA, according to remarks made at an agency meeting this week. Under the 2016 reforms to TSCA, the agency must review a subset of confidential business information (CBI) claims submitted by manufacturers (see box). Read more 

EPA urged to start filling data gaps on TSCA high priority chemicals

5 December 2019- Several consumer advocacy groups have pressed the US EPA to begin filling data gaps for the next set of substances to be evaluated under TSCA, urging the agency to use its authorities to "require as much testing as possible". The call to action comes in response to a consultation on the AugustRead more 

EPA grants first manufacturer requests for TSCA risk evaluations

3 December 2019- The US EPA has for the first time granted requests from manufacturers to conduct risk evaluations for substances under TSCA. The agency’s 2 December decision relates to a pair of requests to conduct reviews of the high molecular weight phthalates diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP). Read more 

US ban on methylene chloride in consumer paint strippers takes effect

25 November 2019- The US EPA’s regulation banning the manufacture, processing and distribution of methylene chloride in all paint removers for consumer use has come into force. EPA administrator Andrew Wheeler called the move, which took effect 23 November, "a step that will provide important public health protections for consumers." The ban – in line with a March TSCA section 6 rule – will  Read more 

Feature: Legal challenge to TSCA could see EPA look again at first ten risk evaluations

21 November 2019- A US federal court’s recent decision in a lawsuit challenging the TSCA risk evaluation rule will force the EPA to reevaluate its treatment of legacy uses in its ongoing assessments, attorneys close to the case agree. However, the extent to which the ruling will lead the agency to make more sweeping changes to the scope of its evaluations remains subject to debate.Read more 

TSCA low-priority proposals not supported by adequate data, say NGOs

21 November 2019 - The US EPA has not compiled sufficient data to support its proposed TSCA low-priority designations for 20 substances, according to several NGOs. And some argue that, in keeping with the law, the EPA must name them high-priority substances subject to risk evaluation. The concerns were raised  Read more 

NGOs: Verdict on TSCA risk evaluation rule a ‘victory'

19 November 2019 - The NGO community has celebrated as a major win a US federal court’s ruling that the EPA must consider legacy uses in the scope of its chemical risk evaluations under TSCA. And, despite the mixed decision in the lawsuit, several organisations think that it will open avenues for future litigation about the agency’s implementation of the law. Read more 

Continued debate on the horizon for TSCA new chemicals programme

18 November 2019- A renewed showdown over the TSCA new chemicals programme looms next month when the US EPA is set to hold a public meeting and release a document outlining its decision-making process for pre-market reviews. The agency last week announced a 10 December public meeting on the implementation of the TSCA new chemicals programme and plans to Read more 

California court delivers mixed verdict in challenge to TSCA risk evaluation rule

15 November 2019-A California court has ruled against a coalition of NGOs in a lawsuit that argued TSCA requires the US EPA to consider all of a chemical’s conditions of use in a risk evaluation. However, the US Court of Appeals for the Ninth Circuit in San Francisco agreed that the agency’s decision to exclude legacy uses and their associated disposal from the scope of its reviews "contradicts TSCA’s Read more 

EPA science body rejects justifications for TSCA 1,4-dioxane draft determinations

14 November 2019- The US EPA’s key science body for TSCA has found that the agency did not adequately support its findings of ‘no risk’ for several conditions of use of the solvent 1,4-dioxane. And the criticism of the agency’s justification, set out in a peer review report issued by the Science Advisory Committee on Chemicals (Sacc), Read more 

Exempt aerospace parts from PIP 3:1 TSCA rule, says industry

14 November 2019- US aerospace organisations are calling on the EPA to exempt new and replacement aircraft parts that contain phenol isopropylated phosphate (3:1) from a proposed rule to manage the risks posed by the substance under TSCA. PIP 3:1 is one of five persistent, bioaccumulative and toxic (PBT) substances the EPA has identified Read more 

TSCA new chemical reviews ‘top priority’ for EPA

12 November 2019-The US EPA is pushing to complete 80% of its pre-manufacture notice (PMN) reviews within the 90-day window allotted by TSCA, attendees at a recent Chemical Watch event have heard. Speaking last week in Washington, DC, Alexandra Dunn, assistant administrator for the EPA’s Office of Chemical Safety and Pollution Read more 

EPA denies TSCA petition to ban hydrofluoric acid in oil refineries

12 November 2019- The US EPA has denied an NGO’s petition to prohibit the use of hydrofluoric acid in manufacturing processes at oil refineries under TSCA, continuing the agency’s trend of rejecting such requests. Filed under section 21 of the law by Public Employees for Environmental Responsibility (PEER) in August, the petition argued that the substance Read more 

NGOs say TSCA PBT proposal fails to reduce exposures to the 'extent practicable'

7 November 2019-US NGO Safer Chemicals, Healthy Families is among groups pressing the EPA to "fundamentally rework" its proposed rule to manage the risk posed by a group of five persistent, bioaccumulative and toxic (PBT) substances under TSCA. The 2016 Lautenberg Act required the EPARead more 

TSCA PBT rule would have 'significant negative impact' on retailers

7 November 2019-The Retail Industry Leaders Association (Rila) has said that a proposed rule from the US EPA to ban various uses of four persistent, bioaccumulative and toxic (PBT) substances would have a "significant negative impact" on retailers. And the group is calling for the rule Read more 

Alexandra Dunn: EPA seeking ‘efficiencies’ for future TSCA risk evaluations

6 November 2019 - The US EPA is "learning a lot" as it conducts its first TSCA risk evaluations and is working to apply that knowledge toward finding efficiencies in future reviews, the agency’s Alexandra Dunn told delegates at a Chemical Watch event this week. Speaking at the US Regulatory Summit Read more 

TSCA review identifies risk to workers, consumers from NMP exposures

5 November 2019- A draft TSCA risk evaluation for N-methylpyrrolidone (NMP) has tentatively found that the solvent poses an unreasonable risk to workers and consumers under certain applications. But the US EPA’s review did not identify significant risk to the environment or to occupational or consumer non-users (bystanders).  Read more 

TSCA NP/NPE regulation probably delayed until completion of risk evaluation

1 November 2019- The US EPA does not have concrete plans to finalise a significant new use rule (Snur) for 15 nonylphenols and nonylphenol ethoxylates (NP/NPEs) that dates back to 2014. Instead the agency plans to consider adopting the rule in the context of an eventual risk evaluation process under TSCA, Chemical Watch has learned. Five years ago, the agency proposed a Snur for Read more 

EPA proposes supplement to TSCA procedural rule on CBI

30 October 2019- The US EPA has proposed an addendum to its TSCA confidential business information (CBI) procedural rule to address whether a substance’s identity is discoverable through reverse engineering. Under 2016 amendments to TSCA, the EPA is required to put in place a rule setting out a procedure for how it will review existing claims for Read more 

Cancer risk cutoff ‘too low’ in TSCA 1-BP draft risk evaluation

30 October 2019 - NGOs and trade unions have accused the US EPA of setting the cutoff for worker cancer risk too low by a factor of 100 in its draft TSCA risk evaluation of 1-bromoproprane. And in comments submitted to the public consultation on the evaluation, the groups have called for the agency to revise its approach. Read more 

TSCA methylene chloride review finds unreasonable risk for dozens of uses

29 October 2019- A TSCA draft risk evaluation for methylene chloride has provisionally determined that the substance poses an unreasonable risk to workers, occupational non-users, consumers and bystanders under certain conditions of use. The solvent – also referred to as dichloromethane (DCM) – is primarily used in paint removal, adhesives, metal cleaning, Read more 

California agency calls out 'assumptions' in 1-BP TSCA risk evaluation

22 October 2019 -The California Division of Occupational Safety and Health (Cal/Osha) has chided the US EPA for making assumptions around workplace exposures to 1-bromopropane (1-BP). Cal/Osha’s critique was delivered in a letter during the EPA’s consultation for its draft risk evaluation for the substance.Read more 

Auto industry concerned about lack of viable DINP, DIDP substitutes

18 October 2019-In response to manufacturer requests for TSCA risk evaluations of diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP), the automotive industry has expressed doubts that feasible alternatives exist for some uses of the common phthalates. And in comments submitted by the Association Read more 

EPA pressed to conduct class-based review of phthalates under TSCA

17 October 2019- Four US university-based scientists have called on the EPA to take a class-based approach to assessing DINP and DIDP alongside other phthalates, if it chooses to grant manufacturer requests to evaluate the substances under TSCA. The comments, fromRead more 

EPA: Work continues on TSCA manufacturer-requested evaluations from 2016

8 October 2019 -The US EPA has confirmed to Chemical Watch that it is still working with industry on risk evaluation requests submitted to the agency more than three years ago for two fragrance ingredients. Back in 2016, the EPA had identified seven persistent, bioaccumulativeRead more 

EPA responds to alleged delays to TSCA risk evaluations

7 October 2019 - The US EPA has responded to an NGO’s accusations that political interference from the White House is holding up the TSCA risk evaluation for two solvents. Under 2016 reforms to the chemicals lawRead more 

US EPA watchdog to investigate agency conduct in Chemours case

26 September 2019 - The EPA’s Office of Inspector General (OIG) will investigate whether the agency took sufficient action to verify Chemours’ compliance with a consent order, restricting the chemicals giant from releasing the perfluorinated substance GenX into the environment. Read more 

PV29 data 'was not sufficiently robust', expert committee finds

25 September 2019-The conclusions of the risk characterisation in the EPA’s draft TSCA evaluation of pigment violet 29 were based on insufficiently robust information, an expert committee has found. The draft evaluation, published Read more 

Substantiation of CBI claims under TSCA in the US

23 September 2019- The US EPA recently initiated major changes to the way it handles confidential business information (CBI) received from industry. These changes can have serious impacts on the ability of businesses to protectRead more 

US states in tug-of-war with EPA over 1,4-dioxane action

23 September 2019- On 28 June, the US EPA released its draft risk evaluation for 1,4-dioxane. The EPA’s initial determination was that the solvent poses no unreasonable risks to the environment or to occupational non-users. Read more 

US NGOs: Lead paint training programme ‘wrong model’ for methylene chloride

19 September 2019- A recent report highlighting problems with the US EPA’s lead-based paint workplace training programme has sparked concern about using it as a model for a similar programme for commercial users of paint removers containing methylene chloride. Earlier this year, the EPA drew criticism from workers Read more 

NGOs press TSCA peer-reviewers to address EPA policy choices

17 September 2019- Several consumer advocacy groups have pressed a TSCA peer review panel to take a critical look at policy decisions the US EPA has made about conducting risk evaluations under the reformed law. The argument was made last week before the EPA’s Science Advisory Read more 

EPA faces lawsuit over TSCA new chemicals programme transparency

16 September 2019-Five environmental organisations and a labour union have signalled plans to sue the US EPA over its "repeated and ongoing failures" to comply with TSCA's mandate to publicly disclose information about new chemicals reviews. The 2016 amendments to TSCA Read more 

Draft TSCA evaluations of 1,4-dioxane and HBCD draw varied criticism

12 September 2019- The latest wave of comments on the EPA’s draft risk evaluations of 1,4-dioxane and HBCD have provided a bewildering array of criticisms ranging from specific technical details to issues of legal interpretation. Comments from industry are generally more positive, although they typically recommend changes to increase clarity  Read more 

EPA issues supplemental proposal on TSCA CBI

11 September 2019-The US EPA has sent out a supplement to its proposed TSCA confidential business information (CBI) procedural rule for interagency review. The move was felt necessary in order to address a recent court decision. At issue is a TSCA CBIRead more 

US company penalised $500k for TSCA formaldehyde emissions violations

28 August 2019- The US EPA has reached a settlement agreement penalising a company more than half a million dollars for violations of its TSCA formaldehyde standards for composite wood products. The enforcement action Read more 

US EPA proposes TSCA high-priority substances

23 August 2019- The US EPA has proposed to designate 20 substances as high priorities for risk evaluation under TSCA. The announcement, in a Federal Register notice, identifies the substances (see box) that the agency is proposing to send into the TSCA risk evaluation process.  Read more 

EPA consults on TSCA manufacturer-requested risk evaluations

16 August 2019-The US EPA has launched a consultation to help inform its decision of whether to grant two requests from manufacturers to conduct risk evaluations under TSCA for the work plan phthalates DINP and DIDP. In June, the agency Read more 

Aerospace industry flags critical uses of TSCA high priority candidates

15 August 2019-The Aerospace Industries Association (AIA) has asked the US EPA to guarantee that suitable substitutes are available before it considers restricting certain substances slated as high priority for risk evaluation under TSCA. In comments on eight substances, it cited potential "unintended consequences" for the industry.Read more 

EPA proposes TSCA low-priority substances

14 August 2019- The US EPA has proposed to designate 20 substances as low priorities for risk evaluation under TSCA. The substances (see box) – which were first announced as candidates in March – represent those that the agency has determined have low risks and for which evaluation is "not warranted at this time". Each was Read more 

Scientists urge transparency for externally developed TSCA evaluations

13 August 2019 - A group of scientists has called on the US EPA to increase transparency for the submission of externally developed TSCA risk evaluations, in order to avoid a "black-box process [that] could result in scientific assessments that are influenced by the industry to the detriment of public health". Read more 

US EPA releases draft TSCA evaluation for 1-bromopropane

9 August 2019-A US EPA draft risk evaluation for the solvent 1-bromopropane (1-BP) will provisionally determine that the substance may present unreasonable risks to workers, occupational non-users, consumers and bystanders, under certain conditions of use. The official draft is due to be released in the Federal Register on 12 August. Read more 

TSCA 1,4-dioxane evaluation draws criticism for cancer hazard approach

8 August 2019- The peer review panel for the draft TSCA risk evaluation of 1,4-dioxane has received strong criticism of how the cancer hazard is handled in submitted comments. The draft TSCA risk evaluation – published in JuneRead more 

Extra attention to CBI urged for TSCA new substance submissions

1 August 2019-The US EPA’s plans to make public more quickly information about TSCA new chemical submissions means companies will need to take extra care with confidential data, attendees of a recent webinar heard. Earlier this year, the agency announced it would begin releasing more information related to TSCA section 5 submissions Read more 

EPA pushes to cut TSCA new substance backlog before 2020

31 July 2019- The US EPA is working to reduce its backlog of overdue TSCA new chemical reviews to under 100 by the end of the year, according to recent remarks from the agency’s Alexandra Dunn. Since the 2016 passage of the Lautenberg Act, the agency’s  Read more 

TSCA and liability under the False Claims Act – a potentially promising area

26 July 2019- Lawyers, scientists, and consultants working in the chemical regulatory area may not be as familiar with a US law called the False Claims Act (FCA) as they are with TSCA. A federal appellate court recently decided a case brought under the FCA’s reverse false claims provision premised on alleged non-compliance with a TSCA reporting obligation.  Read more 

NGOs call for postponement of TSCA evaluation peer reviews

25 July 2019- A coalition of NGOs has urged the US EPA to delay its peer reviews of the TSCA draft risk evaluations for the solvent 1,4-dioxane and the flame retardant HBCD to avoid a perception that the agency is "trying to wall off" critical voices from the process. The request came ahead of the EPA’s 25 July Read more 

EPA’s ‘no surprises’ enforcement principle unlikely to impact TSCA

24 July 2019-The US EPA has announced plans to require federal regulators to notify their state counterparts before inspecting power and chemical plants. But despite public outcry over this ‘no surprises’ principle, the agency said that the policy does not spell the end of unannounced inspections nor is it likely to impact enforcement Read more  

Socma questions policy change for deficient TSCA CBI claims

23 July 2019-Speciality chemicals trade group Socma has said that a ‘rethink’ is in order for the US EPA’s recent policy shift on deficient confidentiality claims submitted under TSCA. The comment comes in response to last week’s news that the EPA would no longer be providing companies a 30-day Read more 

Industry baulks at TSCA ten-year CBI protection approach

18 July 2019- Industry groups have questioned the US EPA’s proposal to peg the ten-year duration of certain TSCA confidential business information (CBI) claims to specific substances, rather than specific companies. However, the sole environmental Read more 

EPA amends policy on advanced warnings for deficient TSCA CBI claims

16 July 2019- The US EPA has announced plans to no longer routinely provide companies with an opportunity to correct deficient confidential business information (CBI) claims made under TSCA before the information is subject to disclosure. The announcement represents a change  Read more 

State attorneys general sue US EPA over asbestos reporting

2 July 2019-Attorneys general from nearly a dozen states have filed a lawsuit challenging the US EPA’s denial of a petition to expand TSCA reporting requirements for asbestos. The litigation relates to a petition filed earlier this year by a group of state AGs, in which they requested that the EPA develop an asbestos-reporting rule under section 8 of TSCA. At the time, Read more 

EPA releases draft TSCA evaluations for 1,4-dioxane, HBCD

28 June 2019 - In draft TSCA risk evaluations for two substances, the US EPA has provisionally determined that the solvent 1,4-dioxane poses an unreasonable risk to workers in certain circumstances. But it has proposed to conclude that the flame retardant HBCD does not present such concerns to human health or the environment. Read more 

US NGOs blast industry for attempt to 'circumvent' state activity

27 June 2019 - Two US NGOs have called an industry request for the US EPA to review under TSCA the phthalates DINP and DIDP an attempt to circumvent state-level regulation of the substances. The concern – voiced by Safer States and the Maine-based Environmental Health Strategy CenterRead more 

US EPA proposes partial bans on four PBTs

24 June 2019 - The US EPA has proposed to ban most uses of two flame retardants, a fuel and lubricant additive, and a substance used in rubber manufacturing as part of its effort to address persistent, bioaccumulative and toxic (PBT) substances that were subject to fast-tracked action under the 2016 revisions to TSCA. The 2016 Lautenberg Act directed the EPA to Read more 

Senators say TSCA implementation has ‘deviated dramatically’ from intent

24 June 2019- Five Democratic Senators have sent EPA Administrator Andrew Wheeler a letter lambasting the agency’s implementation of the 2016 reforms to TSCA. In the three years since the passage of the Lautenberg Act, the lawmakers say implementation "has deviated dramatically from Congress’ intent and the new law’s requirements". Read more 

Academic scientists call for revamp of TSCA systematic review method

19 June 2019 - Three US university-based experts have lambasted the EPA’s systematic review method for evaluation under TSCA and call on the EPA to adopt "existing methodology". Veena Singla, Patrice Sutton and Tracey Woodruff – all affiliated with the University of California in San Francisco – used an editorial in Read more 

Manufacturer-requested TSCA evaluations: ‘Full confidence’ in DIDP, DINP safety

18 June 2019 - The American Chemistry Council has said increased consumer and downstream confidence in the safety of two phthalates, DIDP and DINP, was a driver behind an industry request to subject the substances to risk evaluations under TSCA. The trade group’s comments followed an announcement from the US  Read more 

Phthalate producers request TSCA risk evaluations for DIDP, DINP

14 June 2019- The US EPA has announced the receipt of manufacturer requests to conduct risk evaluations under TSCA for two widely used phthalates: diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). Both DIDP and DINP were identified in theRead more 

NGOs press TSCA advisory group to assess PV29 data adequacy

13 June 2019- On the eve of the first TSCA risk evaluation peer review meeting, a coalition of NGOs has requested that an EPA advisory group address the adequacy of the data underlying preliminary findings for pigment violet 29. The request came in a 23 MayRead more 

Aerospace industry seeks continued methylene chloride availability under TSCA

11 June 2019- The aerospace industry, including Nasa, has voiced support for the US EPA’s plans to preserve certain commercial uses of paint removers containing methylene chloride, on the grounds that suitable alternatives have yet to be identified in many cases. Earlier this year the agency announced Read more 

Substance bans just one risk management option, says US EPA's Dunn

6 June 2019- The US EPA is exploring risk management tools beyond simply banning substances of concern under TSCA, according to recent remarks from chemicals safety head Alexandra Dunn. Speaking on a podcast from law firm Bergeson & Campbell, the Office of Chemical Safety and Pollution Prevention  Read more 

Solvents industry sues over TSCA methylene chloride ban

5 June 2019 - The Halogenated Solvents Industry Alliance has petitioned for a court to review the US EPA’s final rule to ban paint removers containing methylene chloride for consumer uses. Issued in March, the TSCA section 6 rule covers the manufacture, import, processing and distribution of consumer uses of the products. Commercial uses, however, are excluded Read more 

Expert Focus: Chemours' NOV indicates EPA may be expanding TSCA enforcement

4 June 2019- In the realm of US EPA enforcement actions, TSCA is often overshadowed by other statutes such as the Clean Air Act, Clean Water Act, and the Comprehensive Environmental Response, Compensation, and Liability Act. While it is true that total enforcement numbers under TSCA are dwarfed Read more 

TSCA litigation: NGOs' legal standing takes centre stage

21 May 2019 - Judges presiding over recent oral arguments on two TSCA ‘framework rules’ have suggested that it may be more appropriate for NGO petitioners to challenge individual chemical determinations in court, rather than the EPA’s process for conducting evaluations. Read more 

EPA confirms acceptance of early TSCA inventory activity notifications

16 May 2019- The US EPA has confirmed to Chemical Watch that substance activity notifications submitted to the agency since February have been accepted, despite recent clarifications to the timeline for the TSCA inventory ‘transition period’. Read more 

Unexpected delay to TSCA inventory designations raises compliance questions

15 May 2019- An unanticipated announcement from the US EPA has delayed the effective date for 'inactive' chemical designations under TSCA by almost three months. But the move has also raised several compliance questions. Last week, the agency Read more 

Data concerns fuel controversy over TSCA PV29 risk evaluation

10 May 2019- US NGO the Environmental Defense Fund has pointed to recent data revelations as evidence that the public’s ability to trust TSCA risk evaluations "falls flat" without access to full and unredacted copies of health and safety information. Read more 

BASF cautions EPA against releasing REACH studies under TSCA

1 May 2019- A European affiliate of BASF has cautioned the US EPA that it risks jeopardising voluntary submission of REACH data to support its TSCA activities if that information cannot be withheld as confidential. The comments from BASF Colors & Effects GmbH came in a 5 February letter to the EPA, in response to an agency request for the company Read more 

EPA denies second asbestos TSCA reporting petition

1 May 2019- The US EPA has again decided against petitioners requesting that the agency expand reporting obligations for asbestos under TSCA. The development came in response to a 31 January petition, submitted by more than a dozen state attorneys general, who had asked that the agency develop an asbestos reporting rule under section 8 of TSCA. Read more 

Court orders US EPA to revisit CBI substantiation

29 April - A US court has ordered the EPA to revisit how it requires substantiation of confidentiality claims under TSCA, as the result of an NGO lawsuit. And according to the petitioning organisation’s attorney, this will result in companies needing to provide "significantly more evidence" before they can protect as confidential the identity of a substance. The US Court of Appeals for the DC Circuit issued  Read more 

Lawsuit filed over TSCA methylene chloride paint remover ban

24 April 2019- The US EPA is being sued over its recent rule banning the use of methylene chloride in consumer paint removal products, on the grounds that commercial uses have been excluded. Announced on 15 March, the TSCA section 6 rule covers the manufacture, import, processing and distribution of consumer uses of the products.Read more 

Guest Column: The EPA outlines plans for TSCA implementation in 2019

24 April 2019- As Spring moves forward, so the EPA too continues to advance implementation of the 2016 Frank R Lautenberg Chemical Safety for the 21st Century Act amendments to TSCA. As assistant administrator of the Office of Chemical Safety and Pollution Prevention (OCSPP), I can confidently attest to the talent, dedication and commitment to our mission to  Read more 

US EPA issues final Snur for asbestos

18 April 2019- The US EPA has finalised a TSCA significant new use rule (Snur) for asbestos, closing a "30-year-old loophole" that has allowed abandoned uses of asbestos in products to return to the market without review, it says. The Snur, proposed last August, Read more 

Comment period reopened for TSCA PV29 evaluation

18 April 2019- The US EPA is reopening the comment period on its draft TSCA risk evaluation for pigment violet 29. This is in light of its release of studies supporting the assessment that had previously been withheld as confidential. The move follows an announcement  Read more 

Labour shortages contributing to TSCA new chemical review delays

17 April 2019- At a US House of Representatives hearing last week, EPA Administrator Andrew Wheeler said a buildup of to-be-reviewed pre-manufacture notices (PMNs) can be traced to a lack of EPA personnel. The backlog, which stands at 515 as of Read more 

US EPA proposes amendments to CDR rule

16 April 2019- The US EPA has proposed changes to its TSCA chemical data reporting (CDR) rule in an effort to reduce the burden it poses. The proposed rule to update the reporting scheme – which generally requires manufacturers to report every four years on substances produced above 25,000lbs Read more 

US EPA issues proposal for CBI substantiation

11 April 2019 - The US EPA has issued a proposed rule that would establish a procedure for confirming certain confidentiality claims under TSCA. The proposal, which was developed in accordance with the 2016 amendments to TSCA, relates to existing claims Read more 

EPA to finalise 13 Snurs in the face of NGO protest

3 April 2019- The US EPA is set to finalise 13 TSCA significant new use rules (Snurs) issued in the absence of consent orders, despite NGO concern that such an approach is "unlawful". Proposed in October last year Read more 

Experts urge voluntary data submission for TSCA evaluations

2 April 2019-The US EPA has cautioned that, in the absence of industry providing it with high quality data, it will need to use conservative assumptions in its prioritisation and risk evaluation of chemicals under TSCA. And a range of experts at a recent conference has joined the agency in urging industry to voluntarily submit Read more 

TSCA data release does little to end PV29 controversy

28 March 2019- The US EPA’s decision to release additional information underlying its TSCA risk evaluation of pigment violet 29 has not ended the ongoing controversy around the confidentiality of health and safety data, Chemical Watch has learned. Read more 

US EPA publishes REACH studies underlying TSCA PV29 evaluation

25 March 2019-The US EPA has released additional information on two dozen studies used to underpin a TSCA risk evaluation that had previously been withheld as confidential. The protected status of the Read more 

Stakes high for TSCA low priority candidate chemical selections

21 March 2019- This week’s announcement by the US EPA of its next set of chemicals for risk evaluation under TSCA saw half of those listed classified as low priority. However, even for these 20 substances, the stakes were high for getting the picks right, a recent conference heard. The reformed TSCA defines high priority Read more 

NGOs blast TSCA formaldehyde prioritisation as 'confusing and deceptive'

21 March 2019- Consumer advocacy groups are protesting that the US EPA’s designation of formaldehyde as a high priority candidate for risk evaluation under TSCA is a tactic that will delay action on it. And they are concerned that it means that a controversial  Read more 

EPA names priority candidates for TSCA evaluations

20 March 2019- The US EPA has named formaldehyde and sets of chlorinated solvents, phthalates and halogenated flame retardants among the 20 candidates to be designated high priorities for risk evaluation under TSCA. The announcement, set out in a pre-publication Read more 

US EPA seeks comments on workplace programme for methylene chloride

19 March 2019- Industry feedback has led the US EPA to look to allow the continued commercial use of paint removers containing methylene chloride, despite vocal protests from NGOs. Late last week, the agency announced  Read more 

US EPA bans methylene chloride in consumer paint removers

18 March 2019 - The US EPA has banned the use of methylene chloride in consumer paint removal products. The move represents the agency’s first regulation of a substance under section 6 of TSCA in 30 years. The ban will cover the manufacture, import, processing and distribution of the products. A prohibition on retail salesRead more 

Plans in place to eliminate TSCA new chemicals backlog

15 March 2019- The US EPA has plans in place to reduce the backlog of TSCA new chemicals reviews over the next six months, according to Office of Chemical Safety and Pollution Prevention assistant administrator Alexandra Dunn. Since the passage of the Lautenberg Act  Read more 

TSCA: Successful new chemical applications will take longer to prepare

15 March 2019- Successful new substance applications under TSCA may take significantly more time to prepare than industry is accustomed to, delegates at a recent American Chemistry Council conference heard. Last week, GlobalChem  Read more 

EPA ‘mismanaging’ worker risk under TSCA

14 March 2019 - Labour and public health advocates in the US have accused the EPA of glossing over chemical risks to workers. And in a congressional hearing, they have cited a pattern of the agency clearing new chemicals for market under TSCA, despite what they say is a lack of evidence on their safety. Read more 

EPA 'not planning' to extend TSCA risk evaluation deadline

13 March 2019- The US EPA plans to meet the December deadline for finalising its first ten risk evaluations under TSCA, according to recent remarks from chemicals office head Alexandra Dunn. Passage of the Lautenberg Act in 2016Read more 

ACC 'more confident than ever' on TSCA implementation

12 March 2019 - The US chemicals industry is "more confident than ever" that the EPA is on track with its implementation of TSCA, delegates at the American Chemistry Council’s GlobalChem conference heard last week. Speaking in Washington, DC,  Read more 

EPA takes closer look at confidentiality of safety studies under TSCA

12 March 2019-The US EPA says that it is going to be "much more careful" with how it approaches the protection of confidential business information (CBI), following public outcry over its withholding of health and safety data supporting a TSCA risk evaluation. Read more 

EPA ‘confident’ about meeting TSCA deadlines, despite heavy load

7 March 2019-Even while the US EPA has "its eyes on the calendar" with regard to meeting statutory deadlines under TSCA, the agency’s chemical safety office is looking to shift its communications strategies and ensure increased transparency into its decisions. Read more 

Chemours faces first Notice of Violation issued under TSCA

5 March 2019- The US EPA has issued its first Notice of Violation under TSCA to chemical giant Chemours, based on a variety of alleged reporting and notification failures. Issued on 13 February, the Notice of Violation (NOV) claims that Read more 

EPA releases updated TSCA inventory

20 February 2019- The EPA has released an updated TSCA inventory, which indicates that just over 40,000 substances are currently active in US commerce. The update follows the ‘inventory reset’ reporting exercise, put in place by the 2016 amendments to TSCA. This required manufacturers and importers to provide retrospective notification of substances Read more 

US NGOs file suit over EPA asbestos petition denial

20 February 2019- A group of public health groups has filed a lawsuit in an effort to overturn the US EPA’s denial of its petition to require expanded reporting on asbestos. Filed in the US District Court for the Northern District of California, the lawsuit centres around a petition submitted under section 21 of TSCA in September 2018. This had sought for the EPA to amend its TSCA Chemical Data Reporting (CDR) rule in order to eliminate exemptions and expand reporting of asbestos. Read more 

US EPA announces PFAS action plan

14 February 2019- The US EPA has published its long-awaited federal plan to manage the risks posed by per- and polyfluoroalkyl chemicals (PFASs). Announced simultaneously at ten press conferences across the US, the plan outlines short- and long-term actions, across various EPA programmes, to address the more than 600 PFAS compounds commercially active in the US. Read more 

US state attorney-generals petition EPA on asbestos reporting rule

5 February 2019- More than a dozen US state attorney-generals have petitioned the EPA to develop an asbestos reporting rule under section 8 of TSCA. The TSCA section 21 petition, submitted on 31 January, calls on the agency to initiate a rulemaking to "address deficiencies" in the existing chemical data reporting (CDR) rule for asbestos. Read more 

EPA extends TSCA new chemicals reviews due to shutdown

5 February 2019- The US EPA has extended the review periods of more than 600 TSCA new chemical notifications as a result of the federal government’s shutdown. In a pre-publication Federal Register notice,  Read more 

NGOs see 'tremendous opportunities’ following US midterms

31 January 2019- NGOs are cautiously optimistic for the year ahead, saying the Democrats’ control of the US House of Representatives will allow for more oversight of the EPA’s activities. In several interviews with Chemical Watch Read more 

Temporary end to US shutdown leaves uncertainty at EPA

29 January 2019- The US EPA has reopened and will be funded at 2018 levels until 15 February. The development comes after President Trump signed a continuing resolution on 25 January that has ended the partial government shutdown for the time being. Read more 

ACC looks to form TSCA formaldehyde consortium

29 January 2019- The American Chemistry Council is to hold an informational meeting on the possibility of forming a TSCA risk evaluation consortium on formaldehyde. According to a statement from the trade group, Read more 

Shutdown-related delays could compromise TSCA statutory deadlines

24 January 2019 - The partial shutdown of the US government has hamstrung the EPA’s implementation of amendments to TSCA, and could threaten the agency’s ability to continue meeting the law’s statutory deadlines, according to legal experts. Read more 

US chemicals industry prepares for increased TSCA oversight

24 January 2019- The US chemicals industry is preparing for increased Congressional oversight of TSCA in the coming year, Chemical Watch has learned. And, in recent interviews with industry representatives, it is clear a number of other policy priorities are rising to the surface. Read more 

Shutdown spells further delays to TSCA new chemicals reviews

16 January 2019- Concerns are growing that the US EPA’s shutdown will result in further delays and a ballooning backlog of new chemical reviews under TSCA. Now in its fourth week, the partial shutdown of the US government – the longest in the nation’s history – has kept the EPA shuttered since 29 December.  Read more 

US EPA sued over delay to methylene chloride paint stripper restriction

15 January 2019- Public health advocates have filed a lawsuit against the US EPA for failure to finalise a long-delayed rule restricting the use of paint removal products containing methylene chloride. The suit, originally threatenedRead more 

EPA promises changes to TSCA new chemicals transparency, CBI

10 January 2019- US EPA acting administrator Andrew Wheeler committed last month to increasing the transparency of the TSCA new chemicals programme and to providing Congress with a report on its treatment of confidential business information under the reformed law. Read more 

US EPA moves to finalise methylene chloride paint stripper rule

8 January 2019- The US EPA has submitted a final rule regulating methylene chloride paint strippers to the White House’s Office of Management and Budget (OMB) for review and approval. The move initiates Read more 

EPA signals delays to TSCA risk evaluation due to shutdown

3 January 2019- As the partial shutdown of the US federal government nears the two-week mark, the EPA has announced potential delays for the first of its ten draft risk evaluations released under the reformed TSCA. The shutdown began on 22 December 2018, after Congress and President Trump reached a stalemate on both Read more 

EPA denies petition for expanded TSCA asbestos reporting

2 January 2019- The US EPA has denied an NGO petition to require increased reporting of asbestos under the TSCA chemical data reporting (CDR) rule. Filed under section 21 of TSCA in September, the petition had sought for the EPA to amend the CDR rule to eliminate certain exemptions and require additional reporting on asbestos.  Read more 

NGOs demand release of REACH studies submitted as confidential under TSCA

20 December 2018- A coalition of NGOs has filed a public records request demanding the release of REACH studies submitted to the US EPA under TSCA that are being withheld as confidential. And the NGO action could represent an early test to the EPA's interpretation of what types of information can be Read more 

Court grants EPA motion to revisit provision of TSCA risk evaluation rule

20 December 2018- A California court has given the US EPA the go-ahead to vacate and reevaluate a provision of its TSCA risk evaluation rule that allows for criminal penalties against those who submit inaccurate or incomplete information to the agency. However,  Read more 

Industry: TSCA 'high-priority' designation must not carry risk presumption

12 December 2018- Industry groups throughout the supply chain have called on the US EPA to provide routine communication to the public that a high-priority designation under TSCA does not equate to a finding on that substance’s risk. The comments Read more 

Stakeholders divided over 'binning' TSCA inventory

6 December 2018- Industry groups and the consumer advocacy community are at odds over whether the US EPA’s proposed ‘binning’ of substances on the TSCA inventory for prioritisation is the correct approach. The comments have come in response to the EPA’s ‘working approach’ for prioritising substances for risk evaluation  Read more 

Dunn committed to bringing TSCA to 'full effect'

3 December 2018- President Trump’s latest nominee to head the EPA’s chemical management office has said that, if confirmed in the job, she will be committed to implementing the updated TSCA. Alexandra Dunn told a Senate committee hearing into her appointment that she would follow the law, and bring "all provisions to full effect."Read more 

Solvents industry submits TCE data to US EPA

29 November 2018- The Halogenated Solvents Industry Alliance (HSIA) has submitted the draft results of an industry-sponsored study on tricholoroethylene (TCE) to the US EPA to inform the agency’s ongoing risk evaluation of the solvent. And with the latest findings 
Read more 

NGOs call US EPA's 'Snur-only' approach 'unlawful'

29 November 2018- Several NGOs say the US EPA’s effort to address risks posed by reasonably foreseen uses of a new chemical under TSCA with only a significant new use rule (Snur) is "unlawful". And despite industry groups applauding this "Snur-only" approach,  Read more 

US midterms trigger leadership shifts for chemical legislation

15 November 2018- The split in US legislative power following last week’s midterm elections carries with it a range of implications for federal chemicals policy. While the Republicans will retain control of the Senate, the Democrats will regain the majority in the House of Representatives Read more 

First TSCA draft risk evaluation finds no unreasonable risk

15 November 2018- In the first draft risk evaluation of an existing substance issued under the reformed TSCA, the US EPA has preliminarily determined that the assessed substance – pigment violet 29 – does not pose an unreasonable risk to human health or the environment. The EPA says the finding is based on a review Read more 

US EPA plans upgrades to e-CDR reporting tool

6 November 2018- The US EPA has outlined plans to modify its e-CDR software to "improve the reporting tool for future submission periods" of its chemical data reporting (CDR) rule. The agency’s commitment  Read more 

EPA lays out TSCA implementation priorities

1 November 2018- The US EPA will focus on meeting its statutory deadlines, establishing clear and predictable policies and increasing stakeholder engagement as it continues implementing the amended TSCA, stakeholders at the Chemical Watch US Regulatory Summit have heard.Read more 

NGO questions if recent Snurs conform with TSCA policies

30 October 2018- The Environmental Defense Fund has raised concerns that many recently issued significant new use rules (Snurs) are not in keeping with TSCA guidance and policies, and the NGO is urging the US EPA to modify its proposed rules to address these deviations. Read more 

Senator criticises TSCA implementation as a 'remarkable disaster'

29 October 2018- The implementation of the amended TSCA under the Trump administration has been a "remarkable disaster" according to one of the architects of the 2016 legislation that updated the law. Read more 

TSCA new substance backlog tops 550 cases

25 October 2018- The backlog of new chemicals under review at the US EPA has grown to its largest size since TSCA was amended – with more than 550 cases awaiting approval – even while debate about the appropriate approach continues. Read more 

EPA uses first 'Snur-only' approach under amended TSCA

18 October 2018- For the first time since TSCA was amended in 2016, the US EPA has used a ‘Snur-only’ approach to support determinations that 13 new substances are unlikely to present an unreasonable risk. The move to use significant new use rulesRead more 

Increase in Snurs triggers CDR rule concerns

16 October 2018- The specialty chemicals group Socma is pressing the US EPA to make changes to its CDR rule as a result of changes to the TSCA new chemicals programme. The comments came in response to an EPA information collection request (ICR) on its Chemical Data Reporting (CDR) rule, Read more 

EPA outlines approach for identifying TSCA prioritisation candidates

2 October 2018 - The US EPA has published a 'working approach' document on how it will identify existing chemicals as potential candidates to prioritise for risk evaluation under the recently reformed TSCA. Amendments to the law in 2016 require the agency to select, by December 2019, the next 20 high-priority Read more 

NGOs petition US EPA to require asbestos reporting

1 October 2018 - Six NGOs have petitioned the US EPA to amend its TSCA chemical data reporting rule (CDR) to require reporting for asbestos. The TSCA section 21 petition, filed on 25 September, argues that additional data on asbestos is necessary to support the substance's ongoing risk evaluation. The uses identified in asbestos's TSCA  Read more 

TSCA fees structure finalised by EPA

28 September 2018 - The US EPA has issued a final rule governing how it will collect fees from industry under the recently reformed TSCA law. And, despite industry protests, the final rule maintains a significant price hike on the cost of submitting a new substance application – from $2,500 to $16,000.Read more 

Academics, NGOs protest TSCA PBT risk review approach

27 September 2018 - The US EPA should not use the approach outlined in its TSCA systematic review document for the five 'PBT' substances that will be subject to expedited risk management action, according to comments from NGOs. The Lautenberg Act, Read more 

Industry concerned with TSCA chlorinated paraffin Snurs

27 September 2018 - Business groups throughout the value chain are protesting the US EPA’s plan to impose time-based significant new use rule (Snur) requirements on a set of medium- and long-chain chlorinated paraffins (MCCPs and LCCPs).Read more 

NGOs protest EPA plan to revisit TSCA risk evaluation rule

25 September 2018- A group of NGOs that has taken the US EPA to court over two of its core TSCA rules has protested against an agency request to revisit certain portions of its risk evaluation process. And they are asking the court to deny, in part, the EPA's motion.Read more 

US EPA meets resistance on TSCA Snurs proposal

20 September 2018-Nearly a dozen industry groups, businesses and NGOs have submitted adverse comments to the US EPA’s proposal to issue a batch of 145 TSCA significant new use rules (Snurs). Issued in August through both a direct final rule and a proposed rule, the Snurs address a variety of new substances that were approved for Read more 

Higher TSCA fees loom for new chemical submissions

18 September 2018- Companies may want to get their new substance notifications in before 1 October when significantly higher TSCA fees are slated to take effect, a US law firm has advised. As proposed earlier this year, the TSCA Read more 

EPA submits TSCA fees rule for review and approval

5 September 2018- The US EPA has submitted its final rule covering how it will administer fees under the reformed TSCA to the Office of Management and Budget (OMB) for review and approval. The 31 August submission marks the beginning of the standard inter-agency review process for significant rules, which must take place before Read more 

NGO drops legal challenge to TSCA new chemicals guidance

29 August 2018- US NGO the Natural Resources Defense Council has moved to withdraw its legal challenge to the TSCA new chemicals programme. The NGO initially filed its opening brief in a New York appeals court in May, arguing that the agency’s approach for reviewing the safety of new chemicals was in violation of TSCA.Read more 

EPA’s systematic review approach exposes mechanistic data debate

29 August 2018- A recently concluded EPA consultation has shown that industry and academics strongly disagree over the role of mechanistic data in the regulatory hazard assessment of chemicals. Mechanistic data can be used to identify how Read more 

US NGOs: 'Science transparency' policy contravenes TSCA

23 August 2018- Environmental and consumer advocacy groups say that the US EPA’s proposed ‘science transparency’ rule is in direct contravention to TSCA mandates, and are urging the agency to withdraw the "unlawful" proposal. The latest opposition Read more 

TSCA problem formulations set 'improper precedents', say former EPA staff

22 August 2018- Former US EPA staff members have cautioned that the approach to TSCA ‘problem formulations’ sets "improper precedents for future chemical risk evaluations" under the recently reformed law. The comments from the Environmental Protection Network – an EPA Read more 

States push for broad TSCA evaluations, despite preemption considerations

17 August 2018- State attorney generals have written to the EPA urging it to broaden the scopes of TSCA risk evaluations, even though such an approach could limit their ability to act on those substances. But states are also poised to fill any 'gaps' left from uses omitted from the agency's assessments. The attorney generals'  Read more 

EPA staff emails reveal changes to asbestos Snur raised concern

15 August 2018- Staff at the US EPA have voiced concern that changes imposed by the agency's leadership to a new regulation on asbestos would leave gaps that could allow abandoned legacy uses to be reintroduced, according to internal agency emails. Read more 

EPA to revisit three provisions in TSCA risk evaluation rule

14 August 2018- The US EPA plans to reconsider three portions of its TSCA risk evaluation rule related to data gathering. The development arose during ongoing litigation over the agency’s final prioritisation and risk evaluation rules. A coalition of NGOs filed a lawsuit in 2017 claiming the rules had been dramatically skewed in  Read more 

EPA disputes 'rubber stamping' new chemicals under TSCA

9 August 2018- The US EPA has dismissed concerns that it will allow new chemicals to enter the marketplace without sufficient scrutiny. The TSCA new chemicals programme has come under fire in recent weeks, after reports surfaced that the agency was quietly making Read more 

Senators press Wheeler on 'blatant disregard' of TSCA law

2 August 2018 - Senate Democrats have grilled Andrew Wheeler about the US EPA’s implementation of the new TSCA law and demanded that the acting administrator move forward stalled bans on two solvents.The comments came Read more 

EPA issues 145 TSCA significant new use rules

2 August 2018 - The US EPA has issued TSCA significant new use rules for 145 substances subject to section 5(e) consent orders. The Snurs relate to a variety of substances, though the majority deal with various benzoic acid substances used for monitoring oil and gas well  Read more 

Watchdog report prompts improved access to TSCA chemical data

31 July 2018- The US EPA has taken steps to improve public access to information submitted under the TSCA Chemical Data Reporting (CDR) rule, according to a programme audit report from the agency's Office of Inspector General (OIG) . The recently published report found the Read more 

Democratic senators question shift in TSCA new chemicals approach

26 July 2018- Democratic senators have pressed the US EPA over reports it is "weakening" its approach to reviewing new chemicals under the amended TSCA. Six senators central to the negotiations to reform TSCA – including Tom Udall (D–New Mexico, pictured), Read more 

US EPA claims 'middle ground' in alternative tests debate

28 June 2018- The US EPA says it has "chosen a middle ground" regarding the pace at which it will adopt alternative test methods for use under the revised TSCA. The statement appears in the agency’s official "response to Read more 

Guidelines finalised covering access to TSCA CBI

28 June 2018 -The US EPA has issued final guidance documents outlining the process by which it will disclose TSCA confidential business information (CBI) to certain parties. The 2016 Lautenberg Act expanded the categories of people who may access information claimed as confidential under TSCA, Read more 

EPA provides 'low hazard' preliminary TSCA conclusion on PV29

28 June 2018- The US EPA has "preliminarily concluded" that Pigment Violet 29 (PV29) represents a low hazard to human health and the environment in its ongoing evaluation of the substance under the revised TSCA. PV29 – an organic compound used as a colourantRead more 

Policy for assigning TSCA ‘unique identifiers’ released

27 June 2018- The US EPA has published its policy for assigning a ‘unique identifier’ to substances that have their identities protected as confidential business information (CBI) under TSCA. The Lautenberg Act instructs the agency to publish such an inventory with data on the substance's supply, use and trade every three years.  Read more 

US EPA finalises mercury reporting rule

26 June 2018- The US EPA has issued a final reporting rule to support the development of a national mercury inventory. The move is in keeping with requirements imposed by 2016's amendments to TSCA. The Lautenberg Act Read more 

TSCA two-year anniversary marked with rule, guidance

25 June 2018- The US EPA has greeted the second anniversary of the amended TSCA with the release of several statutorily required items. This includes a final mercury reporting rule, a strategy to reduce animal testing and guidance addressing confidential business information (CBI). Read more 

Industry defends methylene chloride despite US retailer bans

21 June 2018- US industry groups have continued to defend the need for methylene chloride paint removers, despite three major retailers announcing plans to phase them out. In recent weeks, retail giants Home Depot, Read more 

US Congress likely to reject EPA cuts again

14 June 2018- The US Congress has indicated it will probably reject the Trump administration’s proposals to slash the EPA’s budget again, as House and Senate appropriations committees have begun moving spending bills for fiscal 2019 that would fund the agency at or near current levels. The House appropriations committee approved a spending bill Read more 

Industry: TSCA new chemicals fees could hamper innovation

11 June 2018- Specialty chemicals trade group Socma has warned that the US EPA's proposed fees for the TSCA new chemicals programme will threaten innovation, and it is urging the agency reconsider them. The trade group's comments came in response to the agency's  Read more 

EPA 'narrowing' scope of first ten TSCA risk evaluations

7 June 2018- The US EPA has made it clear it does not intend to evaluate exposure routes it considers adequately regulated under other laws. This narrows the scope of the assessments of the first ten substances subject to risk evaluation under the amended TSCA. Problem formulation documents,  Read more 

Industry calls for tiered fees for TSCA risk evaluation

7 June 2018- Industry groups have called on the US EPA to modify its "relatively simplistic" proposed fees for conducting TSCA risk evaluations. The fees, they say, should more accurately reflect the costs of the assessments. Issued in February Read more 

US 'problem formulations' raise fears for TCE, NMP rules

7 June 2018- Concerns have been raised that recently released 'problem formulation' documents confirm the US EPA will abandon pending rules banning some uses of trichloroethylene (TCE) and N-methylpyrrolidone (NMP). The new documents, published by the agency on 1 June, clarify how the EPA will conduct risk evaluations on the first ten chemicals to be assessed under the amended TSCA. Read more 

Snur would ban new use of asbestos in the US

7 June 2018-The US EPA has announced it will propose a significant new use rule (Snur) to prevent industry from freely initiating new uses of asbestos, or resuming applications abandoned after the substance's connection to mesothelioma and lung cancer was established. The agency's move comes even as it holds on to its plan to exclude 'legacy' materials from the risk evaluation of asbestos.Read more 

EPA issues TSCA 'problem formulation' documents

4 June 2018- TThe US EPA has released the ‘problem formulation’ documents of the first ten substances subject to risk evaluation under the recently reformed TSCA. The documents refine the scope of the risk evaluations the agency will conduct on certain high-priority substances Read more 

US EPA defends TSCA inventory rule in response legal brief

31 May 2018-The US EPA’s interpretation of the TSCA statute in its inventory notification rule was "reasonable", the agency has said in a recent response brief filed in the ongoing legal challenge of the rule. The case focuses on the law's "inventory reset" rule, a reporting scheme that helps the agency to determine the substances ‘active’ in commerce. Read more 

EPA cautioned over linking Safer Choice, TSCA prioritisation

22 May 2018- Attempting to tie a US EPA programme for encouraging the safer use of chemical ingredients to prioritisation under TSCA could be dangerous for Safer Choice and manufacturers who participate in it, participants at a recent stakeholder event have said. Read more 

NGO warns against rushing to alternative methods under TSCA

17 May 2018- NGO the Natural Resources Defense Council has voiced concern that new technologies will be deployed too fast under the US EPA's draft strategy for alternative test methods under TSCA. In accordance with the 2016 Read more 

NGOs criticise TSCA analysis that found animal testing spike

17 May 2018 - Public health advocates have taken issue with recent analysis that claims TSCA's new chemical programme has resulted in a huge spike in animal tests, and they are questioning why the US EPA has apparently embraced the research. Read more 

TSCA gets a new acronym

10 May 2018- In the corners of Toxic Substances Control Act (TSCA) reform, far from the limelight, the US EPA has released a strategic plan that starts a protracted march towards reducing animal testing and includes extensive research elements. All this will have complex and expensive implications for product development. In a draft plan dated 7 March Read more 

American Chemistry Council defends EPA 'secret science' proposal

10 May 2018- The American Chemistry Council has defended aspects of the US EPA's new science transparency proposal that have come under fire from NGOs. Formally issued late last month Read more 

US EPA commits to act on methylene chloride paint strippers

10 May 2018 -The US EPA has announced it will move forward with finalising its proposed rule addressing methylene chloride paint strippers. Issued in the final days of the Obama administration, the proposal would see a prohibition on consumer and commercial paint stripping Read more 

TSCA CBI guidance documents a 'missed opportunity'

10 May 2018 - A coalition of NGOs says that the US EPA’s draft guidance on disclosing confidential information under the new TSCA falls short of what is needed to meet real-world needs. The comments came in response Read more 

NRDC files opening brief in TSCA new chemicals litigation

3 May 2018- US NGO the Natural Resources Defense Council (NRDC) has filed its opening brief in its legal challenge to the EPA's framework document on the TSCA new chemicals programme. The NGO's case centres around the agency's draft k Read more 

Pruitt: EPA may act on methylene chloride ban 'this year'

2 May 2018- During two Capitol Hill appearances, US EPA Administrator Scott Pruitt said the agency may yet act to regulate methylene chloride paint strippers this year, and defended the neutrality of his proposal that the EPA use only "fully transparent" science. The 26 February hearings Read more 

TSCA new chemicals programme causing 'dramatic' rise in animal tests

1 May 2018- Two NGOs have raised concern that changes to the new chemicals programme under the recently amended TSCA have resulted in a "dramatic increase" in animal testing. And the groups – People for the Ethical Treatment of Animals and Physicians Committee For Responsible Medicine Read more 

US EPA science policy to 'change agency culture' on data

27 April 2018-The US EPA's proposed rule on science transparency says it is designed to "change agency culture" regarding data access to allow increased analysis of the science underpinning agency action. And it appears the use of default dose response models are in the agency's sight-lines.Read more 

US EPA proposes controversial science transparency rule

26 April 2018 - US EPA Administrator Scott Pruitt has signed a proposed rule to require that the science the agency uses to underpin its regulatory decisions is "fully transparent". The move comes despite outcry in the scientific community and Read more 

Small business definition change could shift TSCA fees schedule

26 April 2018 - The US EPA is considering whether to define small businesses by number of employees, rather than by revenue. And it is requesting feedback on how such an amendment could affect the proposed TSCA fees rule.Read more 

NGOs focus on 'conditions of use' in TSCA framework rules suit

19 April 2018- A coalition of NGOs has filed their opening brief in a legal challenge to the final TSCA rules for prioritisation and risk evaluation of existing chemicals. It shows they will focus squarely on arguing that the amended law requires the US EPA to examine all of a chemical’s "conditions of use".Read more 

EPA to address transparency in TSCA new chemicals programme

19 April 2018- The US EPA is working to shore up gaps in how it reports information to the public on its TSCA new chemicals programme. The move follows concern expressed by NGOs about the agency's lack of transparency. Read more 

TSCA inventory updated with active substance designations

17 April 2018- The latest update to the TSCA inventory indicates that 38,304 substances have been active in US commerce over the past ten years. The US EPA has included, for the first time, an 'active' designation  Read more 

Panellists call for Congressional oversight of TSCA

17 April 2018- A legislative briefing in Washington, DC last week heard panellists call on Congress to exercise oversight of the US EPA’s implementation of the new TSCA law, which public health advocates say has been inconsistent with the statute.Read more 

NGO scientists may reject appointment to US EPA chemical advisory panel

29 March 2018- A recent announcement that the US EPA will be expanding the membership of its Science Advisory Committee on Chemicals (SACC) has been met with concern from members of the NGO community selected to serve on it. Read more 

US EPA to unveil 'secret science' details in coming weeks

29 March 2018- The US EPA is preparing to make a formal announcement and solicit public feedback on its forthcoming 'secret science' policy changes within the next month. Last week, news surfaced that the EPA Read more 

TSCA could be undercut by 'secret science' requirements

22 March 2018 - NGOs have raised the alarm that a new "secret science" policy at the US EPA could result in suppressing crucial data needed to take action on hazardous chemicals under TSCA. The concern has come in response to the agency’s signalling its intent to roll out a new science transparency policy Read more 

Congress rejects Trump plan to slash EPA budget

22 March 2018 - The US Congress is poised to approve a spending agreement for the current fiscal year that soundly rejects the Trump administration's attempt to slash the EPA's budget and maintains funding for programmes related to chemical regulation and research 
Read more 

Consensus forming around TSCA unique identifier provision

20 March 2018 - Stakeholders from industry and public advocacy groups have backed a single proposed approach to applying a 'unique identifier' to confidential information submitted under TSCA. The US EPA has been grappling for more than a year with a requirement under the new TSCA that it develop Read more 

Law - law book © Kzenon - Fotolia.com

New TSCA inspires new litigation

March 2018 - When the Toxic Substances Control Act (TSCA) was legislatively ‘modernised’ in June 2016, no one in the legal community doubted litigation was in our collective future. We have not been disappointed. The US Environmental Protection Agency (EPA) and its legal counsel for these purposes,  Read more 

Official downplays Osha role in US chemical regulation

8 March 2018- An official at the US Occupational Safety and Health Administration (Osha) has confirmed the EPA is consulting with it on worker safety issues as it reviews chemicals under the amended TSCA. But William Perry, director of Osha's Directorate of Standards Read more 

NGO enters opening brief in TSCA inventory notification lawsuit

8 March 2018 - US NGO the Environmental Defense Fund this week filed its opening brief in its legal challenge to the EPA's final TSCA inventory notification rule. Filed in the US Court of Appeals for the District of Columbia Circuit,  Read more 

US EPA publishes draft strategy to promote alternative tests

8 March 2018 - The US EPA has published its draft strategy for promoting the development and implementation of alternative test methods under the amended TSCA. The agency plans to move towards making TSCA decisions with new approach methodologies (NAMs), to reduce and eventually replace vertebrate animal testing, it says. Read more 

Officials defend EPA's TSCA fees plan from industry, NGO criticism

8 March 2018- US EPA officials have defended their proposal for collecting industry fees under the amended TSCA as a reasonable middle ground amid conflicting stakeholder demands. Michael Walls, vice president for regulatory and technical Read more 

Details on TSCA prioritisation process taking shape

7 March 2018 - The US EPA is still debating how to select chemicals for the prioritisation process that will yield the next group of substances subject to risk evaluation, the agency’s top chemical regulation official has told Chemical Watch. Nevertheless, the EPA plans to make an announcement on the matter soon, said Jeff Morris, director of the Office of Pollution Prevention and Toxics (OPPT).Read more 

TSCA deadline caused manufacturers 'significant issues'

22 February 2018- Chemical manufacturers in the US have reported difficulties reporting on their chemical use for the TSCA inventory deadline, according to industry associations. Manufacturers and importers were required to file Notices of Activity (NOAs) by 7 February on their chemical use for the 'inventory reset rule', required under the reformed TSCA.Read more 

Organisation - EPA

NGO: EPA's TSCA fee plan underestimates chemical review costs

20 February 2018 - Following the publication of the EPA's proposed schedule for collecting industry fees to help pay the cost of chemical reviews under the revised TSCA, the Environmental Defense Fund (EDF) says the agency has underestimated the costs involved. Richard Denison, lead senior scientist at the NGO, told Chemical Watch Read more 

People - Trump

Trump proposes slashing EPA budget again

19 February 2018 - The Trump Administration has proposed slashing the EPA's budget for the second year in a row, releasing a fiscal 2019 budget that proposes a 24% cut from current funding levels. The budget would, however, increase funding for chemical assessment activities, recognising the EPA's increased responsibilities in implementing the 2016 TSCA amendments. Read more 

'Unique identifier' plan floated by US EPA for CBI data

19 February 2018 -The US EPA is seeking comments on a new alternative for applying a 'unique identifier' to substances whose identity is protected as confidential business information (CBI). It would assign one identifying number to a substance, but use the chemical's name in some instances. Read more 

US EPA: highest fees for risk evaluation of existing chemicals

19 February 2018- The US EPA has published a proposal for collecting industry fees to help pay the cost of chemical reviews under the revised TSCA. The law authorises the agency to set a fee schedule that will collect an amount equal to 25% of the estimated cost of assessing chemicals, up to an annual cap of $25m. Read more 

Data collection, evaluation criteria seen as key TSCA prioritisation issues

8 February 2018 - Data collection and evaluation criteria have emerged as key issues as the US EPA deliberates on how it will identify candidate chemicals for prioritisation. In its prioritisation rule, finalised last June, the agency dropped a "pre-prioritisation" step Read more 

Looking ahead to significant TSCA progress in 2018

Global Business Briefing, February 2018 -The Environmental Protection Agency (EPA) is making great progress in implementing the Frank R Lautenberg Chemical Safety for the 21st Century Act. This significantly amended the Toxic Substances Control Act (TSCA) in 2016 and was the first major change to the US’s primary toxic chemicals law since it was passed in 1976. Highlights of 2017 included:  Read more 

Second major setback for EPA in fluoride lawsuit under TSCA

8 February 2018 - A federal judge has handed the US EPA its second defeat, in a lawsuit that could end up setting precedent for how the judiciary handles citizen petitions for chemical regulation under TSCA. The lawsuit, brought by a group of NGOs demanding the EPA ban the addition of fluoride to drinking water, asks the court to examine the EPA's dismissal of their petition. The latest ruling rebuffed the agency's demand to limit the scope Read more 

US NGOs urge EPA: ban five PBT substances immediately

5 February 2018 Environmental groups in the US have vehemently opposed an American Chemistry Council (ACC) suggestion that the EPA should update its criteria for identifying and evaluating "persistent, bioaccumulative and toxic" (PBT) substances before it completes mandated rapid risk management action on five such substances. In August 2017, the EPA published preliminary information on Read more 

Senate committee cross questions EPA Administrator on chemical policy

5 February 2018 In a Capitol Hill appearance, US EPA Administrator Scott Pruitt appeared to say for a second time that the agency would reverse its policy and consider legacy uses in its review of asbestos. Mr Pruitt was answering questions at a 30 January hearing convened by the  Read more 

Organisation - EPA

Battle lines harden over US EPA new chemical review plans

5 February 2018 -Stakeholder comments have hardened the battle lines drawn over the Trump administration's plans for reviewing new chemicals under the revised TSCA. The public consultation on a proposed review framework document has thrown up several  Read more 

Risk evaluation, prioritisation addressed in US EPA progress report

2 February 2018 - The US EPA has published a mandated progress report on evaluation of existing chemicals under the new TSCA that gives some details on the agency's upcoming timetable. Published on 31 January, the 2018 Annual Report on Risk Evaluation notes that the EPA met statutory. Read more 

US EPA offers additional guidance on TSCA inventory reporting

1 February 2018 - With a 7 February deadline looming, the US EPA has provided more information for manufacturers and importers who must report on their chemical use for the substance inventory reset required under the TSCA amendments. The agency has posted additional questions and answers and the transcripts from two of three informative webinars held in the autumn. Read more 

EPA: Courts should limit scope when reviewing citizen petitions under TSCA

25 January 2018 - In reviewing citizen petitions for chemical regulation under the US Toxic Substances Control Act (TSCA), courts should only consider information originally presented to the EPA in administrative proceedings, the agency has argued. The EPA made the argument in  Read more 

ACC urges EPA to update persistent, bioaccumulative and toxic criteria

15 January 2018 - The American Chemistry Council (ACC) has urged the US EPA to update its criteria for identifying and evaluating "persistent, bioaccumulative and toxic" (PBT) substances before it completes rapid risk management action on five PBT substances, as required by the new TSCA. The organisation has also encouraged the agency to use only "credible" sources of information on current uses of PBTs.Read more 

US mercury reporting schedule set to clash with state programme

15 January 2018- The US EPA is facing a dilemma in reconciling the new mercury reporting regime required by 2016's amended TSCA with the existing data collection performed by the Interstate Mercury Education and Reduction Clearinghouse (Imerc). The Lautenberg Act requires the EPA Read more 

Court allows fluoridation case, rebuking US EPA's TSCA interpretation

3 January 2018- A US federal court allowed a group of NGOs to pursue a lawsuit demanding the US EPA bans the addition of fluoride to drinking water. The 21 December ruling denied the agency's request to dismiss it. The case could have broad implications as it concerns whether citizen petitions for chemical regulatory action under the  Read more 

Upcoming US EPA proposal likely to limit recycled inorganic byproducts reporting

21 December 2017 -The US EPA plans to go ahead with a rule on chemical data reporting (CDR) requirements for recycled inorganic byproduct substances. The move comes after a negotiated rulemaking – a process designed to get stakeholder consensus on a regulation – failed earlier this year. Read more 

Restrictions on methylene chloride, NMP, TCE apparently shelved by US EPA

21 December 2017 -The US EPA has signalled it is shelving proposals to restrict the use of the solvents methylene chloride (dichloromethane), n-methylpyrrolidone (NMP) and trichloroethylene (TCE). The agency's new regulatory agenda, updated 14 December Read more 

Industry group: US EPA should cede workplace hazard regulation to Osha

15 December 2017 An industry group has argued that the US EPA should avoid issuing orders to mitigate workplace risks associated with new chemicals. Instead, it says, it should turn over that regulatory responsibility to the Occupational Health and Safety Administration (Osha). Read more 

OPPT director defends US agency plans for new chemical evaluation

11 December 2017 -US EPA officials have defended the agency’s plan to move away from consent orders, rely on significant new use rules (Snurs) to regulate potential future uses of new chemicals and essentially defer risk assessment on at least some of those future uses.Read more 

Chemical 'categories' may be added to TSCA review process

11 December 2017- The US EPA is developing four additional "chemical categories" that may be added to a list last updated in 2010. The categories of chemicals with similar properties are used to streamline the review process for new chemicals. When a new  Read more 

'Legacy uses' may be reconsidered in US asbestos risk assessment

11 December 2017- The US EPA may be reconsidering its decision to exclude "legacy installed" building materials from its risk evaluation of asbestos, the agency's administrator Scott Pruitt told a congressional committee. The EPA's interpretation of the 2016 Toxic Substances Control Act amendments is that risk assessment Read more 

Legal challenge to EPA's TSCA regulations due in January

7 December 2017-A coalition of 17 chemical industry groups is taking legal action in defence of the US EPA. The coalition has been allowed to intervene in lawsuits seeking court review of the agency's regulations for implementing the Toxic Substances Control Act amendments. Read more 

NGOs criticise US EPA plan for Snurs in new chemical decisions

30 November 2017 - NGOs have questioned the US EPA's plans to rely heavily on significant new use rules (Snurs) in evaluating pre-manufacture notices (PMNs) and making determinations on the safety of new chemicals. Read more 

EPA lists chemicals reported under TSCA inventory notification rule

23 November 2017- The US EPA has published an updated list of more than 10,000 chemical substances that have been reported under the TSCA inventory notification rule. The rule requires manufacturers and importers to report by 7 February 2018 all nonexempt substances that they used in the ten-year 'lookback period' ending 21 June 2016.Read more 

US EPA explains new chemicals decision-making process

16 November 2017 - The US EPA has issued draft documents explaining its decision-making process for assessing the risk of new chemicals and offering guidance for submitting new chemical notifications under the amended TSCA.Read more 

US EPA seeks input on methods for prioritising chemicals under TSCA

16 November 2017-The US EPA has release a discussion document outlining six potential approaches for prioritising chemicals for review under the new TSCA. The document is intended as the basis for discussion at a stakeholder meeting scheduled for 11 December and an ongoing "dialogue" that Read more 

US EPA has first public input on alternative test methods for TSCA

9 November 2017- The US EPA has outlined a set of goals and objectives for its strategic plan to promote the development and implementation of alternative tests methods, as part of the amended toxic substances control act (TSCA). Read more 

Risk assessments will answer some TSCA policy questions

26 October 2017 - The first risk assessments under the new US Toxic Substances Control Act, and the process for selecting the next targets, will yield answers to questions of policy and procedure that were not settled by the US EPA’s prioritisation and framework rules, said Jeffery Morris, director of the Office of Pollution Prevention and Toxics (Oppt).Read more 

Downstream users express concern at TSCA inventory requirements

4 October 2017 -Participants in a US EPA webinar on the chemical substance inventory reset required under TSCA, have expressed alarm at the prospect of being caught between federal rules and uncooperative suppliers. "This rule is going to require suppliers and purchasers to work together at an unprecedented level, lest chemicals  Read more 

Asbestos contractors protest exclusion of 'legacy' uses from TSCA assessment

21 September 2017-Consultants involved in asbestos abatement are protesting against the US's Environmental Protection Agency decision to exclude "legacy installed" building materials from its risk evaluation under the new Toxic Substances Control Act (TSCA).Read more 

Negotiations fail on recycled byproducts TSCA reporting

21 September 2017 - A negotiated rulemaking committee in the US has failed to achieve consensus on easing inorganic byproduct reporting requirements, leaving unclear whether the EPA will now go on to propose new rules. The new TSCA required the agency to use negotiated rulemaking Read more 

US agency asks courts to consolidate TSCA lawsuits

20 September 2017 -The US EPA has asked federal courts to consolidate pending lawsuits that challenge its implementation of the 2016 TSCA amendments, and suspend deadlines for filing legal arguments until the issue is settled.Several NGOs filed petitions on 10 and 11 August Read more 

US EPA extends CBI deadline by a month

20 September 2017- The US EPA has extended the deadline by a month for companies to submit documentation substantiating recent confidential business information (CBI) claims. The agency says that because of the impact of hurricanes Harvey and Irma it has moved the date back to 19 October.Read more 

TSCA active substance reporting: Advice for importers and manufacturers

September 2017-Amended section 8(b) of the Toxic Substances Control Act (TSCA) requires the EPA to designate all substances on the TSCA Chemical Substance Inventory as either ‘active’ or ‘inactive’ in US commerce. The EPA will then prioritise and conduct risk evaluations of the active substances under two new rules that implement amended section 6 of TSCA.Read more 

State of the nation

September 2017 -Prior to the reform of the US’s decades-old Toxic Substances Control Act (TSCA), many consumer advocates and environmental NGOs looked to state legislatures as a pathway to address chemicals of concern that were left largely unmanaged by the dated federal policy. Read more 

Industry groups intervene in TSCA framework rules lawsuit

13 September 2017 -A coalition of industry organisations has moved to intervene in defence of the US EPA, in lawsuits seeking court review of the agency's final framework rules for prioritisation and risk evaluation. Their intervention comes after several NGOs Read more 

Industry urges US EPA against full paint stripper ban

13 September 2017 - Manufacturers and industrial users of the paint remover methylene chloride may push for restrictions on the substance's use rather than an outright ban. This became clear at an EPA stakeholder workshop in Boston on 12 September.Read more 

US EPA pilots new pre-manufacture notice guidelines

12 September 2017 - The US EPA is conducting a small pilot study, aimed at developing guidance to support the pre-manufacture notice (PMN) process. This has been dogged by problems since its revamp under new TSCA – also known as the Frank R Lautenberg Chemical Safety for the 21st Century Act (LCSA). Read more 

EPA watchdog to assess TSCA chemical data reporting rule

24 August 2017 - The US EPA's in-house watchdog is planning to assess the TSCA Chemical Data Reporting (CDR) rule. The agency's Office of Inspector General (OIG) says the evaluation is intended to examine whether the EPA is using CDR data to prioritise substances for the human health and environmental risks they may pose. And it wants to examine how the agency ensures companies are complying with the reporting scheme's requirements.Read more 

NGOs take EPA to court over TSCA framework rules

15 August 2017 -In the first major legal challenges to the new TSCA, NGOs have filed petitions seeking court review of the US EPA’s final framework rules for prioritisation and risk evaluation. The move follows sharp criticism of two key procedural rules Read more 

US EPA sets TSCA 'inventory reset' rule in motion

11 August 2017 - The US EPA has published its final TSCA 'inventory reset' rule in the Federal Register, starting the clock on the statutory 180-day reporting period. The inventory notification rule will determine Read more 

US EPA announces end of PMN backlog

8 August 2017-The US EPA says it has eliminated the backlog of new chemical cases that had grown since TSCA reform went through last year, and has committed to a "more predictable and transparent process" for making determinations.Read more 

EDF asks court to review TSCA inventory notification rule

6 September 2017- The Environmental Defense Fund has petitioned a federal court to review the US EPA's inventory notification rule, arguing it does not meet the requirements of the new TSCA and allows companies to inappropriately conceal information about chemicals whose identity they claim is confidential business information (CBI). Read more 

EPA may progress proposed methylene chloride and NMP restrictions

6 September 2017- The US EPA may yet move ahead with a proposal to restrict the use of the solvents methylene chloride (dichloromethane) and n-methylpyrrolidone (NMP) under section 6 of TSCA. But, at the same time, it appears to be tacitly setting aside section 6 rules on trichloroethylene (TCE).Read more 

Industry, NGO disagree on TSCA confidential chemical identities

26 July 2017 - Chemical industry groups are backing a company-specific approach for assigning a "unique identifier" to confidential chemical identities under the new TSCA, but an NGO is advocating a stricter interpretation of the law.Read more 

House bill proposes to maintain funding for EPA toxics programme

20 July 2017 -A US House of Representatives draft bill is pushing back on cuts to the EPA’s toxics programme proposed by the White House and has questioned the extent to which the agency plans to rely on new TSCA fees for the coming fiscal year. Read more 

ACC says framework rules give ‘every reason to be optimistic’ about new TSCA

18 July 2017- The American Chemistry Council says that the three TSCA ‘framework’ rules issued last month have given it "every reason to be optimistic about the implementation" of the new law. Speaking to reporters last week, Mike Walls, vice president of regulatory and technical affairs at the ACC Read more 

NMP producers urge withdrawal of TSCA section 6 rule

17 July 2017 -Domestic manufacturers of n-methylpyrrolidone (NMP) are urging the US EPA to withdraw its proposed rule to ban or restrict certain uses of the solvent, arguing that the agency failed to identify risks to consumers within its statutory deadlines for supporting such actions. Read more 

TSCA assessment of CTC to include consumer products

13 July 2017 - The US EPA expects to include exposures from consumer products, such as adhesives, degreasers and paints, in its TSCA risk assessment of carbon tetrachloride (CTC). Although the Consumer Product Safety Commission banned its use in consumer products in 1970, Read more 

Socma resumes focus on TSCA new chemicals programme

12 July 2017-Now that the US EPA has issued the first three framework rules to implement the reformed TSCA, the speciality chemicals industry's focus is returning to the new chemicals programme. Read more 

Final TSCA inventory notification rule eases reporting burden

29 June 2017 - Changes reflected in the US EPA’s final rule on notifying substances as active or inactive on the TSCA inventory will ease reporting obligations for affected companies, say legal experts.Read more 

NGOs, Democrats decry 'weakened' TSCA framework rules

27 June 2017 - NGOs and Democratic lawmakers have criticised the US EPA’s final TSCA prioritisation and risk evaluation framework rules as "significantly weakened" since proposed, and say the industry-requested changes may undermine the new law’s effectiveness. Read more 

US EPA issues final TSCA framework rules

22 June 2017 -Three final framework rules under the new TSCA, as well as scoping documents for the first ten substances subject to risk evaluation, were due to be issued by the US EPA within a matter of hours as Chemical Watch went to press today.Read more 

Industry criticises EPA’s review of TCE alternatives in proposed ban

15 June 2017 -Industry groups say that the US EPA has not fulfilled its statutory requirement to assess the feasibility of alternatives in its proposed rule to ban trichloroethylene (TCE) in vapour degreasing applications.Read more 

EPA commits to ending PMN backlog by August

6 June 2017- The US EPA has announced plans to "fully eliminate" the backlog of TSCA new chemical submissions reviews by the end of July. It says it has already cut in half the pileup of cases under review, from roughly 300 to 150. Read more 

Industry groups name niche TSCA areas needing improvement

26 May 2017 -Chemical industry trade groups have used the EPA's regulatory reform exercise to call for regulatory tweaks on a variety of lesser TSCA provisions. The EPA's comment docket was opened in accordance with a Trump Read more 

MIT professor questions extent new TSCA will manage risk

25 May 2017 -A leading academic expert has questioned whether the new TSCA will produce the improvements sought when the law was reformed for the first time in nearly forty years. Read more 

EPA says Trump budget would ensure resources needed for TSCA

24 May 2017 - Despite the Trump administration’s proposal to massively cut the US EPA’s funding, the agency says the draft federal budget ensures it has the resources to address the safety of new and existing chemicals through implementation of the new TSCA. Read more 

Industry names TSCA regulations it wants reformed

10 May 2017 -Industry groups have named the new chemicals programme and the EPA’s proposed framework rules among areas of TSCA where it would like to see regulations reformed. Read more 

EPA hears NGOs blast TSCA regulatory reform exercise

4 May 2017 -NGOs have warned that the US EPA’s efforts to reform regulations under TSCA is a "distraction" from the work of implementing the new law and may jeopardise efforts to restore the public’s faith in the US’s management of chemicals. Read more 

EPA asserting 'overly broad' authority in TSCA ban proposals

3 May 2017 -Industry groups and consultants say the US EPA’s first proposed section 6 rules under the new TSCA suggest the agency will assume a larger role in the regulation of toxic substances currently overseen by other agencies, and have questioned its authority to do so.Read more 

Law firm warns of US EPA plans to publish studies under TSCA

27 April 2017 - US EPA plans to publish full chemical study reports under the new TSCA will be a disaster for data owners, says a prominent Brussels-based lawyer. Under Section 14 of the law, the EPA can publish health and safety studies, including data generated on substances. Read more 

TSCA new chemicals programme named a top regulatory burden

26 April 2017 - Chemical manufacturers say the TSCA new chemicals review programme is one of the biggest regulatory burdens impeding domestic manufacturing, according to recent comments submitted to the Department of Commerce. Read more 

Stakeholders disagree with stringency of TSCA low priority designation

19 April 2017 -The process by which the EPA identifies ‘low priority substances’ under the new TSCA has been criticised as overly stringent by many in industry – but NGOs have lauded the agency’s proposed approach.  Read more 

Industry urges EPA to put the brakes on TCE ban

18 April 2017 - Industry groups have urged the EPA to delay regulatory action on the solvent trichloroethylene until the agency has completed its evaluation of the substance under the new TSCA. This is according to comments submitted to the agency last month on  Read more 

NGOs blast request to delay TSCA section 6 rules

12 April 2017- Several NGOs have voiced strong opposition to an industry request to extend the consultations for two proposed bans under section 6 of TSCA by four months. The Halogenated Solvents Industry Alliance (HSIA) wrote to the US EPA  Read more 

Downstream users question processing halt on inactive substances

5 April 2017 - A downstream user coalition has questioned the proposed requirement under the TSCA ‘inventory reset’ draft rule that a processor of an ‘inactive substance’ submit notification to the US EPA prior to its use. Read more 

TSCA pre-prioritisation affords safer alternatives opportunities, says EPA

30 March 2017-The US EPA’s Jeff Morris says that the TSCA pre-prioritisation process will afford the chemicals industry a “tremendous opportunity” to determine early on whether it should pursue safer alternatives for substances of potential concern.Read more 

US SME agency raises concerns with TSCA proposals

27 March 2017 - The US Small Business Administration (SBA) Office of Advocacy has criticised the EPA's recent TSCA proposed rules. It says the agency has not adequately engaged with SMEs and considered their concerns.Read more 

Industry baulks at pre-prioritisation step in TSCA proposal

24 March 2017 -The Society of Chemical Manufacturers and Affiliates (Socma) has called on the US EPA to strike the 'pre-prioritisation' step from its proposed TSCA framework rule for prioritising substances for risk evaluation. Read more 

Trade bodies seek more transparency in TSCA risk evaluation proposal

23 March 2017 - Industry groups say that the US EPA’s proposed approach for conducting risk evaluation under the new TSCA lacks specificity and must clearly define scientific concepts in order to ensure transparency and consistency.Read more 

NGOs advocate wide scope in TSCA risk evaluations

22 March 2017 -NGOs have called on the US EPA to include all uses of a substance when determining the scope of risk evaluations under the recently reformed TSCA. “Picking and choosing” among a chemical’s conditions Read more 

Industry groups find statutory shortcomings in TSCA ban proposal

22 March 2017 - The American Chemistry Council and other industry groups have concerns that the US EPA’s first proposal to ban a substance under the revised TSCA fails to meet the requirements of the new law.  Read more 

Industry seeks efficiencies in TSCA ‘inventory reset’ proposal

16 March 2017 - Industry groups have called on the US EPA to amend its TSCA ‘inventory reset’ proposed rule to remove “duplicative and unnecessary” reporting requirements.The Lautenberg Act requires the EPA to set a rule outlining the process  Read more 

Halt on TSCA ‘non 5(e) Snurs’ raises industry concerns

8 March 2017- The US EPA’s apparent policy to stop using ‘non-5(e) Snurs’ under the new TSCA is delaying products from coming to market and stifling innovation of safer alternatives, according to some chemical manufacturers and industry consultants. Read more 

US state legislative activity unrestrained by TSCA reform

1 March 2017 - State legislative activity on chemicals remains as high as ever despite the passage of the Lautenberg Chemical Safety Act, according to industry groups.Many in industry had looked to TSCA reform to stem the growth of state-level legislation on chemicals Read more 

US EPA rejects petition calling for TSCA section 6 rulemaking

28 February 2017 - The US EPA has rejected a petition calling on it to use section 6 of TSCA to prohibit the purposeful addition of fluoride chemicals to drinking water.Read more 

ACC’s Dooley: Stakes are high for getting TSCA right

24 February 2017 - American Chemistry Council (ACC) president and CEO Cal Dooley has said the stakes are "very, very high" for getting the implementation of the newly reformed TSCA right. Speaking at the ACC's GlobalChem conference in Washington, DC, Mr Dooley said Read more 

Stakeholders divided on defining conditions of use under TSCA

16 February 2017 -The specific conditions of use that the EPA will consider in determining the scope of a substance’s risk evaluation under the new TSCA have divided stakeholders. Read more 

US state legislatures look to fill TSCA gaps

9 February 2017 - At least 21 US states are expected to introduce policies this year to reduce exposures to chemicals of concern in consumer products, with many bills focused on areas the states believe are not adequately covered in TSCA. Read more 

Regulatory reforms could pose ‘very real threat’ to TSCA implementation

18 January 2017 - Regulatory reform measures, passed by the US House of Representatives, could have a significant impact on the successful implementation of the new TSCA law, says an NGO which played a key role in developing the legislation... Read more 

EPA issues TSCA prioritisation, risk evaluation proposals

16 January 2017 - The US EPA has released two proposed rules laying out how it will prioritise substances and conduct risk evaluations under the new TSCA. The two 'framework' rules... Read more 

US EPA proposes prohibitions on methylene chloride, NMP

13 January 2017 -The US EPA has proposed prohibitions or restrictions on the use of the solvents methylene chloride (dichloromethane) and n-methylpyrrolidone (NMP) in paint removal applications. Read more 

US EPA issues TSCA inventory reset proposal

13 January 2017 -The US EPA has issued a proposed rule setting out how it will designate substances as active or inactive on the TSCA inventory. Commonly referred to as the 'inventory reset' rule, it is the first of four framework rules the agency will issue for the newly reformed TSCA. Read more 

US EPA moves to ban additional use of TCE

12 January 2017 - The US EPA has proposed prohibiting the use of the solvent trichloroethylene (TCE) in vapour degreasing applications. The move comes a month after the agency issued a separate proposal to prohibit its use as an aerosol degreaser and for spot... Read more 

Industry groups seek changes to TSCA new substance reviews

15 December 2016 - Industry groups have urged the EPA to reassess the changes it has made to the new chemicals programme as a result of TSCA reform. The call comes amid a slowdown in pre-manufacture notice (PMN) reviews...
Read more

US EPA proposes first substance ban in 27 years

8 December 2016 - The US EPA has proposed a prohibition on the use of the solvent trichloroethylene (TCE) as an aerosol degreaser and for spot cleaning in dry cleaning facilities. The move represents the EPA's first attempt to ban a substance...
Read more

EPA names first ten chemicals for new TSCA evaluations

30 November 2016 - The US EPA has selected the first ten existing chemicals that will be subject to risk evaluation under the new TSCA.The Lautenberg Chemical Safety Act required the agency to begin the evaluations for at least ten TSCA ...
Read more

Senator Inhofe ‘confident’ in Trump administration to implement TSCA

14 November 2016 - Congressional leaders and stakeholders say President-elect Donald Trump's administration will not pose a threat to the implementation of the new TSCA law. 
Read more

‘Major changes’ coming to TSCA enforcement, says EPA

10 November 2016 - There will be “major changes” to the EPA’s enforcement activities as a result of TSCA reform, according to remarks at the recent Chemical Watch regulatory summit from Greg Sullivan, acting director of EPA’s waste and chemical enforcement division.
Read more

US EPA ‘very confident’ in meeting TSCA deadlines

2 November 2016 - The US EPA is “very confident” that it will be able to meet the tight deadlines under the new TSCA, according to remarks at last week’s Chemical Watch US Regulatory Summit from Wendy Cleland-Hamnett of the EPA's Office of Pollution Prevention and Toxics (OPPT). 
Read more

TSCA: Rising to the challenge

November 2016 - At Chemical Watch’s recent Global Regulatory Summit in Washington, a panel of leading experts debated whether the intent of the new law will now finally come into play – as well as opportunities for cooperation. The senior EPA chemicals official, who is leading implementation of TSCA reform, said she hoped legal action was not inevitable under the Lautenberg Chemical Safety Act (LCSA).
Read more

No surprises in TSCA first ten substances, says EPA official

27 October 2016 - The substances the US EPA selects as the first ten subject to risk evaluation under the new TSCA should not come as a surprise, said Jeffrey Morris, deputy director for programmes at the Office of Pollution Prevention and Toxics (OPPT). 
Read more

Chemical notification process ‘very different’ under new TSCA

20 October 2016 - Bringing a new chemical to the market under the new TSCA will be a very different process to that which manufacturers have grown accustomed to, according to presentations this week at ChemCon The Americas 2016 in Toronto. 
Read more

CBI claims must be limited under inventory reset rule, says EDF

17 October 2016 - As the US EPA develops a rule for a TSCA "inventory reset", NGO the Environmental Defense Fund has urged close examination of confidential business information (CBI) considerations.
Read more

EPA names TSCA fast-tracked PBTs

12 October 2016 - The US EPA has named the persistent, bioaccumulative and toxic (PBT) substances that will be subject to rapid risk management action, under the new TSCA.The agency will be taking action on the following...
Read more

Consent orders for new chemicals on the rise under TSCA

12 October 2016 - A backlog of pre-manufacture notices (PMNs) and increasing number of TSCA consent orders could delay new products reaching the market, says the Society of Chemical Manufacturers and Affiliates (Socma).
Read more

Prepare now for TSCA inventory reset, advise legal experts

29 September 2016 - Legal experts agree that now is the time for companies to begin investigating their chemical inventories and clearing up nomenclature issues, in preparation for the inventory reset that will take place under the new TSCA.
Read more

Questions grow ahead of TSCA inventory 'reset'

26 September 2016 - Legal experts have raised questions about the "inventory reset" that will take place under the amended TSCA. The Lautenberg Chemical Safety Act requires the US EPA to set a rule outlining the process for designating substances on the TSCA inventory as 'active' and 'inactive' by June 2017.
Read more

Stakeholders square off on codifying science criteria under TSCA

20 September 2016 - The extent to which the EPA codifies in rules the scientific criteria it will use to make prioritisation and risk evaluation decisions has divided stakeholders. 
Read more

Fees under new TSCA must not 'deter innovation'

14 September 2016 - Chemical industry groups have urged the US EPA not to set fees that will hamper innovation under the new TSCA, in comments submitted to the agency. The Lautenberg Chemical Safety Act (LCSA)...
Read more

Inadequate data should yield TSCA high-priority designation

6 September 2016 - Chemicals for which adequate data is not available should be presumed high priorities for risk evaluation under reformed TSCA, consumer advocacy and governmental groups have said.
Read more

Industry groups urge EPA to consider substance use under TSCA

5 September 2016 - Industry groups have urged the US EPA to focus on the conditions of a substance's use during its prioritisation and risk evaluation under the recently reformed TSCA.
Read more

Reformed TSCA to reduce use of 'unreliable' animal testing

1 September 2016 - Provisions to reduce animal testing under the reformed Toxic Substances Control Act (TSCA) will ensure the collection of better information, say supporters. The move follows sharp criticism of two key procedural rules released 
Read more

New TSCA will help EPA meet testing needs

9 August 2016 - The new TSCA law includes “important improvements” to EPA’s powers to require firms to conduct testing that will “help greatly” to provide the information the agency will need to make its decisions on chemicals, says a former EPA official.
Read more

TSCA reformed: what companies need to know

July/August 2016 - With significant revisions to the Toxic Substances Control Act (TSCA), companies producing or processing industrial chemicals in, or importing them into, the US will need to become aware of what’s changed, quickly. The amendments were immediately effective and important regulatory developments are underway.
Read more

Advocacy begins for first substance reviews under new TSCA

27 July 2016 - Stakeholders have begun to weigh in on which substances should be the first to undergo risk evaluation under the newly reformed TSCA, and say they will be an early test of the EPA’s new authorities.
Read more

EPA issues first PMN decisions under amended TSCA

26 July 2016 - The US EPA has issued four regulatory determinations for pre-manufacture notices (PMNs) under the newly amended TSCA. The agency found each of the four substances "not likely to present an unreasonable risk" during the PMN review process. 
Read more

Prioritisation under new TSCA intended to be ‘broad’

25 July 2016 - Prioritisation of substances under the newly reformed TSCA is intended to be conservative, and is likely to err on the side of designating substances as high priorities. This is according to legal and environmental experts...
Read more

EPA releases implementation roadmap for reformed TSCA

30 June 2016 - The US EPA has released a “roadmap” of major activities and important deadlines it will focus on, during the initial year of implementing the recently reformed TSCA.
Read more

Reformed TSCA will not constrain many state-level actions

28 June 2016 - States will continue to play a “significant role” in managing chemicals of concern in consumer products under a reformed TSCA, according to advocacy groups and regulators.
Read more

EPA implementation of TSCA to be ‘enormous undertaking’

16 June 2016 - The US EPA will be faced with an “enormous undertaking” in implementing TSCA reform, once it is signed into law, says Steve Owens, a principal at the law firm Squire Patton Boggs and a former Assistant Administrator of the EPA’s Office of Chemical Safety & Pollution Prevention. 
Read more

TSCA reform signed into law

22 June 2016 -US President Barack Obama has signed into law a bill to modernise the Toxic Substances Control Act (TSCA). The Frank R Lautenberg Chemical Safety for the 21st Century Act updates the US’s chemicals management law for the first time in 40 years, and reflects years of congressional effort to get the law reformed.
Read more