TSCA rule Articles

  • Final TSCA reporting and recordkeeping rule for nanoscale materials available

    On January 12, 2017, the U.S. Environmental Protection Agency (EPA) is scheduled to publish in the Federal Register a Section 8(a) of the Toxic Substances Control Act (TSCA) rule establishing reporting and recordkeeping requirements for certain chemical substances when they are manufactured or processed at the nanoscale.  According to a ...


    By Bergeson & Campbell, P.C.

  • EPA Intends to Promulgate Final TSCA 8(a) Rule in October 2016

    According to an item in the U.S. Environmental Protection Agency’s (EPA) Fall 2015 Regulatory Agenda, EPA intends to promulgate a final Toxic Substances Control Act (TSCA) Section 8(a) rule in October 2016 concerning reporting and recordkeeping ...


    By Bergeson & Campbell, P.C.

  • The proposed TSCA inventory update reporting rule: big changes are in store

    While debate continues to swirl around whether, and to what extent, the Toxic Substances Control Act (TSCA) needs retooling, just about everyone agrees that the U.S. Environmental Protection Agency (US EPA) needs more information on chemical production, use, and exposure in order to make informed decisions about chemical risk management. Most also agree that TSCA could be put to greater use for ...


    By Bergeson & Campbell, P.C.

  • The Proposed TSCA Inventory Update Reporting Rule: Big Changes Are in Store

    While debate continues to swirl around whether, and to what extent, the Toxic Substances Control Act (TSCA) needs retooling, just about everyone agrees that the U.S. Environmental Protection Agency (US EPA) needs more information on chemical production, use, and exposure in order to make informed decisions about chemical risk management. Most also agree that TSCA could be put to greater use for ...


    By Acta Group

  • Inside EPA Quotes Lynn L. Bergeson on Challenges to TSCA Framework Rules

    On June 21, 2017, Inside EPA quoted Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), in the article “As EPA Issues TSCA's Framework Rules, Bipartisan Law Faces Challenges.” Lynn Bergeson, managing partner of the firm Bergeson & Campbell, suggested some concern in EPA's ability to advance use of these new technologies. She too, noted Lautenberg's ...


    By Bergeson & Campbell, P.C.

  • Scientific American Quotes Lynn L. Bergeson Regarding EPA’s New Framework Rules for TSCA

    On August 16, 2017, Lynn L. Bergeson, Managing Partner of Bergeson & Campbell, P.C. (B&C®), was quoted by Scientific American in “Trump’s EPA May Be Weakening Chemical Safety Law.” The [U.S. Environmental Protection Agency (EPA)] and industry leaders dispute that the framework rules undermine [the Toxic Substance Control Act (TSCA)]. “I thought they were ...


    By Bergeson & Campbell, P.C.

  • TSCA - Chemical Testing Issues

    This Article introduces the Toxic Substances Control Act (TSCA),1 and describes chemical substances for which testing could be conducted under TSCA, chemical testing that could be required, persons required to conduct the tests, procedures that have been considered for selecting test chemicals, and associated legal challenges. I. TSCA The U.S. Congress enacted TSCA in 1976 to regulate ...


    By Bergeson & Campbell, P.C.

  • The Devilish Details of TSCA Reform

    On April 14, Sen. Frank R. Lautenberg, D-N.J., introduced the Safe Chemicals Act of 2011, which is intended to modernize the Toxic Substances Control Act to require chemical companies to demonstrate the safety of industrial chemicals and the U.S. Environmental Protection Agency to evaluate safety based on the best available science. ...


    By Bergeson & Campbell, P.C.

  • TSCAblog™ Post Quoted in “Fluoride Case Ruling May Open Door To More TSCA Petitions, Attorneys Say

    On January 4, 2018, the TSCAblog™ post “In Case of First Impression, Court Rules EPA Wrongly Dismissed Citizen Group’s TSCA Section 21 Petition” was quoted by Inside EPA in an article discussing the U.S. Environmental Protection Agency’s (EPA) Toxic Substances Control Act (TSCA) Section 21 ruling on flouride. The law firm Bergeson & Campbell describes the ...


    By Bergeson & Campbell, P.C.

  • Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?

    Based on written communications from the Environmental Protection Agency’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under Toxic Substances Control Act Section 8(b)(2) authority. Chemicals long considered part of these well-established categories identified decades ago are ...


    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.

  • Are TSCA Section 8(b)(2) Statutory Mixture Categories Subject to Reporting Under the Chemical Data Reporting Rule?

    Based on written communications from the Environmental Protection Agency’s Office of Pollution Prevention and Toxics, questions have been raised as to the agency’s interpretation of the six chemical categories created under Toxic Substances Control Act Section 8(b)(2) authority. Chemicals long considered part of these well-established categories identified decades ago are ...


    By Acta Group

  • 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.

  • 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.

  • 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

  • Act Now To Prepare for TSCA Changes

    Untitled Document The U.S. Environmental Protection Agency in 2003 significantly amended the Toxic Substances Control Act (TSCA) Section 8(a) Inventory Update Rule (IUR), ...


    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 the 111th Congress. Below is a summary of key ...


    By Bergeson & Campbell, P.C.

  • TSCA IUR revision poses challenges for firms

    The US Environmental Protection Agency (EPA) recently proposed revisions to the Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR), the consultation on which closes in October. Lynn Bergeson explains why domestic chemical manufacturers and importers must be aware of the proposal and prepare for its implications. Background The IUR requires manufacturers, defined to ...


    By Bergeson & Campbell, P.C.

  • TSCA IUR Revisions Poses Challenges for Firms

    The US Environmental Protection Agency (EPA) recently proposed revisions to the Toxic Substances Control Act (TSCA) Inventory Update Rule (IUR), the consultation on which closes in October. Lynn L. Bergeson explains why domestic chemical manufacturers and importers must be aware of the proposal and prepare for its ...


    By Acta Group

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