Toxic Substances/TSCA

Overview

Perceived risks from chemicals in the environment, workplace, and household products, and extensive ongoing chemical testing have focused attention on both regulatory and market-based tools for evaluating and managing chemical risks. Toxics regulations can significantly affect a company’s day-to-day operations, the commercial success of its products, and its prospects for product liability or toxic tort litigation. Failing to navigate regulatory requirements successfully can result in business interruption for a company and its customers as well as enforcement exposure. And threats to a company’s products may now be just as likely to come from a well-orchestrated interest group campaign or customers seeking to avoid having their products targeted by such campaigns. Beveridge & Diamond, P.C.’s extensive experience with toxics regulation and its familiarity with the dynamics of the toxics debate are valuable resources for clients protecting their products and ensuring that their development, production, use, and marketing of chemical products are responsible, lawful, and profitable.

Full Description

The Firm has substantial experience representing clients whose products and activities are subject to EPA's broad chemical regulatory authority under the Toxic Substances Control Act (TSCA).  We have also been actively involved in EPA’s enhanced chemical management program, including counseling and advocacy concerning chemical action plans and initiatives concerning confidential business information. Because TSCA and related programs affect such a wide range of activities, we emphasize the importance of fully understanding our clients’ business concerns and the development of practical approaches to resolving toxic substance issues.

Our compliance counseling in this area includes regulatory interpretation and advice; working with clients to develop or improve TSCA compliance programs; conducting custom-tailored, in-house TSCA training seminars; and representation before EPA to resolve compliance issues.  These services cover all aspects of TSCA and related requirements, including:

• the premanufacture notification (PMN) and significant new use rule (SNUR) requirements that EPA review and approve new chemical substances and certain new uses, including eligibility for PMN or SNUR exemptions and other strategies to expedite approvals, minimize product restrictions, or resolve the adequacy of existing Inventory listings;

• regulations and negotiated risk reduction programs limiting the production or use of specific chemicals;

• chemical testing under TSCA Section 4 and voluntary programs such as those developed to generate data on high production volume (HPV) chemicals and children's health;

• TSCA reporting and recordkeeping requirements, including the “substantial risk” notification requirements and EPA’s Inventory Update Rule;

• TSCA’s chemical import certification and export notification requirements; and

• the relationship between TSCA and statutes governing pesticides, foods, drugs and cosmetics, which may impose inconsistent requirements.

Our practice also includes counseling and advocacy on state chemical management activities, including California's Green Chemistry Initiative and Proposition 65, other state green chemistry laws, and state chemical-specific restrictions on products. We also help clients address the business impacts of today’s focus on potentially toxic materials.  We monitor regulatory and interest group initiatives and assess their potential effects on our clients and their markets.  We help clients communicate with stakeholders about their products and develop product stewardship programs that encourage appropriate life-cycle management, reducing the risks of – and to – their products.  If product restrictions are proposed, we represent our clients in commenting on Agency rulemakings, negotiating acceptable risk reduction measures, and, if necessary, challenging unreasonable restrictions in court.

We have defended clients in major TSCA enforcement actions, including negotiating with EPA and the Department of Justice, litigating civil penalty assessments before Administrative Law Judges, and defending TSCA injunctive actions filed by the government in federal court.

With legislative changes to TSCA now under consideration, we counsel companies and trade associations regarding the issues involved and their positions on these issues.  We also host the TSCA Dialogue Group, a unique forum for companies and trade associations throughout the value chain to discuss their perspectives and learn from other stakeholders.