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Key Governmental Obligations Under TSCA Reform Legislation

Authors: Mark Duvall, Ryan Carra and Tim Serie
Beveridge & Diamond, P.C., March 18, 2016

Click here for a PDF of this news alert.

Summary:  This alert summarizes the governmental obligations under the TSCA reform bills passed by the Senate and House of Representatives.

On December 17, 2015, the Senate unanimously approved legislation to amend the Toxic Substances Control Act (TSCA).  The Senate had been considering its own legislation, S. 697, but ultimately did not vote on that bill.  Instead, it replaced the text of the bill passed by the House of Representatives, H.R. 2576, on June 23, 2015, with the text of S. 697, then passed H.R. 2576 as amended.  All that remains for final enactment of the legislation is reconciliation of the version passed by the Senate with the version passed by the House.  This reconciliation is underway.

For more information regarding the recent legislative activity, please see: TSCA Legislation Passes the Senate, Nears Final Passage.   

Legislation to amend TSCA, H.R. 2576, would impose a range of duties and deadlines on the Environmental Protection Agency (EPA) and, to a lesser degree, the White House’s Office of Science and Technology Policy (OSTP).  These tables summarize each of those duties and their corresponding deadlines.

Governmental Obligations Under H.R. 2576 - Senate Version

Table 1 outlines the governmental obligations that would be established under H.R. 2576 as passed by the Senate on December 17, 2015.  It addresses the following topics:

  • Organizational and administrative issues
  • Prioritization, safety assessments, safety determinations, and risk management
  • Active substances notification
  • Confidential business information
  • Miscellaneous duties

Governmental Obligations Under H.R. 2576 - House of Representatives Version

Table 2 outlines the governmental obligations that would be established under H.R. 2576 as passed by the House of Representatives on June 23, 2015.  It addresses the following topics:

  • Organizational and administrative issues
  • Risk evaluations, and regulating hazardous chemicals and mixtures
  • Persistent, bioaccumulative, and toxic Chemicals
  • Confidential business information

Beveridge & Diamond's Chemicals, Products & Nanotechnology Practice Group provides strategic, business-focused advice to the global chemicals industry. We work with large and small chemical companies from industries including basic and specialty chemicals, pharmaceuticals, electronics, crop protection, food contact materials and additives, and consumer products, and have substantial experience representing clients whose products and activities are subject to EPA's broad chemical regulatory authority under TSCA. For more information, please contact Mark Duvall.

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