TSCA Reform Legislation Enacted…Finally

On June 22, 2016, President Obama signed into law the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg). This law significantly amended the core provisions of the Toxic Substances Control Act (TSCA) for the first time since the TSCA was originally enacted in 1976. The amendments will potentially impact all organizations that handle chemicals within their operations.

Some of the amendments took effect immediately. But, most of the amendments won’t take effect until the U.S. Environmental Protection Agency (EPA) promulgates regulations or develops policies, procedures, and guidance to implement them. However, the law established deadlines for most of the actions that EPA needs to take.

Under the TSCA, EPA administers regulatory programs for both new and existing chemicals. While Lautenberg made minor changes to the new chemicals program, the most significant changes were made to the existing chemicals program. Other noteworthy changes include those pertaining to confidential business information (CBI), fees, and federal preemption of state and local requirements.

This presentation will summarize key provisions of Lautenberg. In so doing, it will focus on what has already changed or will be changing going forward. It will also discuss the practical implications of these changes and the steps that hazardous materials professionals should take to ensure that their employers or clients comply with applicable requirements under the TSCA, as amended by Lautenberg. Finally, it will list upcoming deadlines and explain how stakeholders can influence the outcomes of EPA’s rulemaking actions.