Changes on the Horizon for Toxic Substance Control Regulation

Read the full post at JD Supra.

The year ahead promises to be a busy one for regulation of new and existing chemicals under the 2016 reforms to the Toxic Substances Control Act (TSCA). TSCA gives EPA expanded authority to regulate both new and existing chemicals, as the agency must make findings on the risks presented by new chemicals, as well as review all active existing chemicals to identify “high priority” chemicals that must undergo risk evaluations and risk management plans as needed. The law applies broadly to any “person” who manufactures, processes, distributes in commerce, uses, or disposes of a chemical substance, including companies that have manufactured chemical products or importing retailers, regardless of industry sector.

These entities are subject to TSCA requirements and should be aware of the business and legal implications, including upcoming chemical data reporting, evolving rules on risk evaluations and management, changes in fees, and rising enforcement penalties. A number of TSCA regulations are on the Biden Administration’s list of agency actions slated for review, consistent with an Executive Order. This alert provides a summary of these recent TSCA developments and expected changes in the new year for the regulated community.

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