TSCA Reform Becomes Law; Now the Clock Starts to Tick on Implementation

Click here for a PDF version of this alert.

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act, H.R. 2576.  This historic legislation overhauls the Toxic Substances Control Act (TSCA) for the first time in 40 years.  It is the first major environmental law to be enacted in 25 years (since the Clean Air Act Amendments of 1990).  A legislative effort that began in earnest in 2009 has resulted, seven years later, in a strengthened statute that gives EPA new authority to prioritize, evaluate, and regulate chemicals as appropriate, and gives stakeholders an important role in that process.[1]

With enactment of TSCA reform, attention now switches to EPA implementation of the new TSCA.  The amendments have no effective date, meaning that the new provisions take effect immediately, with no waiting period for EPA.  The attached table identifies the deadlines for actions under the updated statute, by section of TSCA.  Some of these are tied to the date of enactment, while others relate to actions with no mandated start date.  Also attached is a timeline of EPA deadlines.

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 the Toxic Substances Control Act. For more information, please contact Mark Duvall

[1] For a discussion of the amendments, see Beveridge & Diamond, P.C., “What’s New About the Revised TSCA” (June 2, 2016), and Beveridge & Diamond, P.C., “Now That TSCA Reform Is Here – What’s Next?” (June 8, 2016).