TSCA law Articles

  • TSCA Reform Implementation Seminar: Impacts and Best Practices for the New Chemicals Law

    Bergeson & Campbell, P.C. (B&C®) is pleased to participate in the upcoming “TSCA Reform Implementation Seminar:  Impacts and Best Practices for the New Chemicals Law,” presented by the Michigan Chemistry Council. ...


    By Bergeson & Campbell, P.C.

  • TSCA Reform: Is It Likely This Term?

    The Toxic Substances Control Act (TSCA) has remained largely unchanged since its enactment in 1976. After years of failed efforts to revise TSCA, and with the help of a motivated Democratic-lead Congress, TSCA legislative reform was off to a brisk start in 2009-2010, during which time over a dozen hearings were convened on how to improve the law. The momentum has slowed considerably since ...


    By Bergeson & Campbell, P.C.

  • TSCA Reform: Grounds For Optimism

    In a rare showing of bipartisan support for reform of the Toxic Substances Control Act (TSCA), senators David Vitter (Republican-Louisiana) and the late Frank Lautenberg (Democrat-New Jersey) recently introduced the Chemical Safety Improvement Act (CSIA). The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that needed modernisation of this important ...


    By Bergeson & Campbell, P.C.

  • TSCA Reform: Is It Likely This Term?

    The Toxic Substances Control Act (TSCA) has remained largely unchanged since its enactment in 1976. After years of failed efforts to revise TSCA, and with the help of a motivated Democratic-lead Congress, TSCA legislative reform was off to a brisk start in 2009-2010, during which time over a dozen hearings were convened on how to improve the law. The momentum has slowed considerably since ...


    By Acta Group

  • TSCA and Engineered Nanoscale Substances

    Abstract The federal law that regulates new and existing chemical substances, including engineered nanoscale chemical substances, is the Toxic Substances Control Act (TSCA). While there is much debate over how the U.S. Environmental Protection Agency (EPA) should deploy its significant TSCA authority to address potential risks to human health and the environment posed by engineered nanoscale ...


    By Bergeson & Campbell, P.C.

  • TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA

    On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg), which makes important changes to the Toxic Substances Control Act (TSCA). Lautenberg results in fundamental shifts in the requirements and approach under TSCA, while introducing important new concepts and approaches. It is our view that the body of changes, including ...


    By Bergeson & Campbell, P.C.

  • Charles Auer Quoted in Inside EPA Article “The Emerging Debate Over New TSCA Rules: `Achievable` v. `Lawful`”

    On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first ...


    By Bergeson & Campbell, P.C.

  • TSCA tips for European chemical stakeholders

    Changes to the Toxic Substances Control Act (TSCA) occasioned by enactment of the Frank R. Lautenberg Chemical Safety for the 21st Century Act have fundamentally changed the way the US Environmental Protection Agency (EPA) reviews new and assesses existing chemical substances in surprising and subtle ways. Our 26-professionals TSCA practice in Washington, D.C. has been “doing TSCA” ...


    By Bergeson & Campbell, P.C.

  • TSCA and the Future of Chemical Regulation (PDF)

    Congress enacted the Toxic Substances Control Act (TSCA) in 1976. 1 Despite the passage of over two decades, its core provisions have not been substantively amended. 2 Some believe change is needed, even essential. Indeed, the question of whether TSCA is fundamentally flawed or whether EPA ’ s implementation of it is lacking, has been the ...


    By Bergeson & Campbell, P.C.

  • Hope Is Restored In Finally Modernizing TSCA

    In a rare bipartisan expression of support for reform of the Toxic Substances Control Act (TSCA), Sen. David Vitter, R-La., and the late Frank Lautenberg, D-N.J., introduced on May 22, 2013, the Chemical Safety Improvement Act (CSIA), S. 1009. The bill offers a new and potentially politically viable framework for TSCA reform and renewed hope that badly needed modernization of this ancient law may ...


    By Bergeson & Campbell, P.C.

  • Could TSCA Reform Be Coming Soon?

    On April 14, 2011, Senator Lautenberg (D-NJ) introduced the Safe Chemicals Act of 2011 (S. 847) to modernize the Toxic Substances Control Act (TSCA). Lautenberg initiated similar legislation, S. 3209, in ...


    By Acta Group

  • EPA proposes TSCA user fees

    Abstract We all knew it was coming, and the proposal has finally arrived. On February 8,2018, the US Environmental Protection Agency (EPA) announced that EPA Administrator Scott Pruitt signed a proposed rule regarding user fees for the administration of the Toxic Substances Control Act (TSCA). As amended by the Frank Lautenberg Chemical Safety for the 21st Century Act TSCA provides the EPA ...


    By Bergeson & Campbell, P.C.

  • Biofuels Digest Series On TSCA And The Bioeconomy

    Biofuels Digest is running a "Thought Leadership" series of articles highlighting some of the ways the Toxic Substances Control Act (TSCA) applies to biobased products. The articles, written by Biobased and Renewable Products Advocacy Group (BRAG®) Senior Policy Advisor and former head of the U.S. Environmental Protection Agency's (EPA) Green Chemistry program, Richard E. Engler, Ph.D., ...

  • Could TSCA reform be coming soon?

    On April 14, 2011, Senator Lautenberg (D-NJ) introduced the Safe Chemicals Act of 2011 (S. 847) to modernize the Toxic Substances Control Act (TSCA). Lautenberg initiated similar legislation, S. 3209, in the 111th Congress. Below is a summary of key ...


    By Bergeson & Campbell, P.C.

  • New TSCA inspires new litigation

    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, the US Department of Justice (DoJ), are facing multiple lawsuits in several federal appeals courts and the very ...


    By Bergeson & Campbell, P.C.

  • TSCA at 2: An Update on Implementation and Hot Topics

    Since enactment on June 22, 2016, of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. Environmental Protection Agency (EPA) has implemented a muscular regulatory program expressing Congress’ intent for a new and improved Toxic Substances Control Act (TSCA).  The new TSCA framework required significant work and fundamental shifts in regulatory requirements and ...


    By Bergeson & Campbell, P.C.

  • TSCA reform—prospects on passage and thoughts on implementation

    Competing proposals are working their way through the House and Senate to amend the Toxic Substances Control Act (TSCA), the nation's primary law for managing chemicals in commerce, including biobased and renewable chemicals. In an article published in the July 23, 2015, Bloomberg BNA Daily Environment Report, former senior U.S. Environmental Protection Agency (EPA) officials Charles Auer and ...


    By Bergeson & Campbell, P.C.

  • Transcript: “TSCA Reform: What’s Happening, and What’s Next?

    As we are poised to witness the reauthorization of the Toxic Substances Control Act (TSCA) -- the first revision of our domestic chemical management law in 40 years -- stakeholders will need immediately to understand what the "new TSCA" means for their industrial operations and strategically adjust their global operations to the new law. In late 2015, Biobased and Renewable Products Advocacy ...


    By Bergeson & Campbell, P.C.

  • EPA Proposes TSCA User Fees - Case study

    The cost of compliance with the Toxic Substances Control Act (TSCA) will soon rise. On February 8, 2018, the U.S. Environmental Protection Agency (EPA) signed off on proposed TSCA user fees. As amended by the Frank Lautenberg Chemical Safety for the 21st Century Act, TSCA authorizes the EPA to levy fees on certain chemical manufacturers, including importers and processors, to “provide a ...


    By Bergeson & Campbell, P.C.

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