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) -- 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.
Bergeson & Campbell, P.C.'s (B&C®) lawyers, scientists, regulatory specialists, and business consultants relentlessly participate in and track developments regarding the ongoing TSCA reform implementation efforts, as well as related state regulatory initiatives such as California's Safer Consumer Products Regulations and Green Chemistry Initiative.
This page contains constantly updated links to commentary, analysis, articles, and regulatory documents to help those in the chemical and chemical products industry understand what they need to know about TSCA reform, and what it means to their business.
- B&C's TSCA Blog
- TSCA FAQ's
- H.R.2576 - Frank R. Lautenberg Chemical Safety for the 21st Century Actenrolled bill
- The Frank R. Lautenberg Chemical Safety for the 21st Century Act: Frequent Questions EPA Q&A page
- B&C Memorandum - TSCA Reform: An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA
- NEW - TSCA New Chemicals Coalition
WEBINAR - - TSCA Hot Topics: Inventory Notification and Strategies for Complying, and Update on Section 5, Wednesday, August 2, 2017, 12:00 p.m. - 1:30 p.m. EDT Bloomberg BNA/Bergeson & Campbell, P.C. (B&C) Webinar. This complimentary webinar was presented by a panel including Dr. Jeff Morris, U.S. Environmental Protection Agency (EPA), and former EPA officials and seasoned regulatory professionals who engaged in a lively discussion on: Toxic Substances Control Act (TSCA) Section 5 Inventory notification reporting requirements and strategies; how to recognize and avoid pitfalls when reporting; current state of play of EPA’s new chemicals review process; and what you can do now to ensure your chemicals and chemical products get to market and stay there. Additional Q&As from the webinar and a recording of the webinar are available online.
TSCA Reform: One Year Later Conference, June 27, 2017, Washington D.C. and via Webinar The Environmental Law Institute (ELI) and the George Washington University Milken Institute School of Public Health held a day-long "TSCA Reform: One Year Later" conference exploring the federal government’s implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which significantly amended the Toxic Substances Control Act (TSCA), just over one year after it was signed into law. Speakers discussed key components of the bipartisan legislation and provided an overview of the current state of implementation. Afternoon breakout sessions invited all participants to discuss ongoing law and policy issues. Visit the ELI event website for more details on the current program. A recording of the conference is available online. This event was free and open to the public, Bergeson & Campbell, P.C. was a proud sponsor.
- WEBINAR - - Reviewing New Chemicals Under Amended TSCA: Impact on Innovation, June 12, 2017, 12:00 p.m. - 1:30 p.m. EDT Bloomberg BNA presented the webinar "Reviewing New Chemicals Under Amended TSCA: Impact on Innovation" on June 12, 2017, 12:00 p.m. - 1:30 p.m. featuring Jeffery Morris, Director, Office of Pollution Prevention and Toxics, United States Environmental Protection Agency; Charles M. Auer, Senior Regulatory and Policy Advisor, Bergeson & Campbell P.C.; Richard E. Engler, Ph.D., Senior Chemist, Bergeson & Campbell P.C.; Lynn L. Bergeson, Managing Partner, Bergeson & Campbell P.C.; Beth Bosley, President, Boron Specialties LLC; and Robert Mott, Manager, Global Regulatory, Sun Chemical Corporation. A recording of the webinar is available online.
All TSCA Reform Memoranda
- August 14, 2017 Bergeson & Campbell, P.C. Forms "TSCA New Chemicals Coalition"
- August 3, 2017 EPA Seeks Comment on Nominations to "Augmented" Science Advisory Committee on Chemicals
- July 27, 2017 Bergeson & Campbell, P.C.'s Comments on New Category Documents under the New Chemicals Program
- June 26, 2017 EPA Issues Final TSCA Framework Rules
- June 6, 2017 Preparing for the Inventory Reset: It Is Not That Easy
- June 5, 2017 Bergeson & Campbell, P.C. Suggests New Approaches to EPA in Managing New Chemical Polymers
- May 16, 2017 EPA Seeks Comment on Draft Guidance for Nanoscale Materials Reporting Rule
- May 8, 2017 EPA to Host Meeting and Solicit Comments on Assignment and Application of Unique Identifiers under TSCA Section 14
- April 26, 2017 Office of Chemical Safety and Pollution Prevention (OCSPP): Take Advantage of This Regulatory Reform Advocacy Opportunity
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TSCA Reform Articles by B&C
- Lynn L. Bergeson, James V. Aidala, Jr., Charles M. Auer, Richard Engler, and Oscar Hernandez, "Practitioner Insights: Enhancing TSCA Reform Implementation," BNA Daily Environment Report, August 2, 2017. The Frank R. Lautenberg Chemical Safety for the 21st Century Act significantly amended the Toxic Substances Control Act. The act, which has been in force for just over a year, made substantive changes to multiple sections of TSCA that are proving to be even more consequential than anticipated (new TSCA is identified as Pub. L. No. 114-182 and old TSCA was identified as Pub. L. No. 94-469). This paper, authored principally by former EPA officials and a practicing TSCA lawyer, all with long experience under old TSCA, provides suggestions for new approaches or ‘‘fixes’’ that could assist the agency and interested groups in moving toward smoother implementation of the new law, achieving policy goals, and ensuring greater transparency. These suggestions are presented in no particular order and in the spirit of urging other stakeholders to also think of creative ways to ensure that new TSCA fulfills Congress’s mandate to develop an effective domestic chemical management program.
- Lynn L. Bergeson, "The Final Rule," Manufacturing Today, July 21, 2017. The U.S. Environmental Protection Agency (EPA) issued on Jan. 12, 2017, a final rule under Section 8(a) of the Toxic Substances Control Act (TSCA) establishing reporting and recordkeeping requirements for certain discrete forms of chemical substances that are manufactured or processed at the nanoscale. This column summarizes the rule.
- Lynn L. Bergeson, "EPA Issues TSCA Framework Rules," Chemical Processing, July 18, 2017. The U.S. Environmental Protection Agency (EPA) issued in June final framework rules under the Toxic Substances Control Act (TSCA). Each is summarized in the article.
- Lynn L. Bergeson, "Regulation: Prepare for the TSCA Inventory Reset," Chemical Processing, June 20, 2017. With the recent 2016 Chemical Data Reporting (CDR) dataset and the initial interim list of “active” substances released with the February 2017 copy of the Toxic Substances Control Act (TSCA) Inventory, the magnitude of effort needed for the TSCA Section 8(b)(4) Inventory Reset is becoming clear. Stakeholders should waste no time in preparing to meet their obligations; the final rule was issued in June.
- Lynn L. Bergeson, "TSCA Implementation: What’s In Trump’s Playbook?," The ABA SEER Joint Newsletter: Energy, Climate Change, and Environmental Law under Trump, Volume 18, Issue 1, June 2017. Most people knew candidate Trump was no fan of climate change regulation or the Clean Water Rule (CWR). Mr. Trump’s views on chemical management were never clearly articulated, however. Some may have interpreted this notable silence as support for Toxic Substances Control Act (TSCA) reform, given the broad bipartisan support it enjoyed before its enactment last June. Others may have assumed candidate Trump, in the heat of the campaign, was unaware of the significant commercial, legal, and trade implications occasioned by enactment of the Frank R. Lautenberg Chemical Safety of the 21st Century Act (Lautenberg), the most sweeping legislative overhaul to our domestic chemical management law in four decades. Similar to candidate Trump, President Trump has kept his TSCA cards close to his vest. To the extent money talks, the President’s fiscal year 2018 budget doubles down on slashing the U.S. Environmental Protection Agency’s (EPA) budget by over 30 percent. The chemicals program, however, would largely be spared cuts and in fact would get a boost under the Trump budget submitted to Congress in late May, suggesting solid support for ensuring the new law is implemented timely.
Lynn L. Bergeson, "TSCA Reform: Key Provisions and Implications," Environmental Quality Management, Winter 2016 On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The text of the law is available at: http://www.congress.gov/bill/114th-congress/house-bill/2576/text. The law substantially amends the Toxic Substances Control Act (TSCA), and in so doing, fundamentally alters the domestic management of industrial chemicals, the lifeblood of many manufacturing processes. This article summarizes key changes and explains their likely impacts on the manufacturing sector. For the purposes of this article, reference is made to the amended TSCA as “new TSCA.”
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TSCA Reform Links
Resources for understanding the Lautenberg Act Environmental Defense Fund resource page, including a redline of TSCA based on the final bill
Charles M. Auer, Frank D. Kover, James V. Aidala, Mark Greenwood, “Toxic Substances: A Half Century of Progress,” Protecting the Environment: A Half Century of Progress, EPA Alumni Association, March 1, 2016.
- "EPA’s Chemical Management Program" including updates on TSCA Reform. May 7, 2014 presentation by Jim Jones, Assistant Administrator, Office of Chemical Safety & Pollution Prevention, EPA.
- American Bar Association TSCA Reform web page.
- Environmental Law Institute TSCA and TSCA Reform resources.
- B&C and Chemical Watch complimentary webinar series on the "new" TSCA. B&C clients and friends may request materials from these webinars by contacting [email protected]:
- Webinar 1 - Overview and Summary of Major Changes: What to Expect and When to Expect It, June 13, 2016
- Webinar 2 – Impacts on New Chemical Programs (Sections 4, 5, and 6), July 14, 2016
- Webinar 3 – Inventory, CDR, and CBI (Sections 8 & 14), September 12, 2016.
- Webinar 4 - Administration of the Act, Preemption, Fees, and Green Chemistry, October 4, 2016