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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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...
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...
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 ...
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.
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.
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).
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).
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).
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.
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.
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...
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).
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.
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.
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.
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)...
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.
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.
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
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.
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.
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.
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.
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...
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.
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.
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.
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.