TSCA Reform Bill Becomes Law (6/22/16)
On Wednesday, June 22, 2016, President Barack Obama signed the long-awaited TSCA reform bill into law. Also known as the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R.2576), this key piece of legislation will change how EPA reviews and assesses chemical safety and impact on a federal level, as well as give states greater power to oversee how chemicals are regulated and evaluated.
Key issues discussed in the bill include the ability to test chemical substances with greater ease, stricter adherence by EPA to reviewing and processing risk evaluations for chemicals in a timely manner, a differentiation between chemicals on whether they are low priority or high priority risk evaluations, and a higher level of transparency by EPA regarding the chemicals they review.
The final bill also addresses preemption, which allows states to restrict a chemical until EPA addresses that same chemical’s uses and concerns. This action allows state agencies to act independently of EPA to address chemicals that they feel may pose reason for concern. While preemption does grant states a great deal of authority, it comes with some limitations of power as well. States are not able to regulate a chemical that EPA has already regulated or regulate chemical factors that EPA has defined in its own risk evaluation of a chemical over a specified period of time or until the risk evaluation is completed (this time frame is known as a “preemptive pause”).
This multitude of changes poses chemical companies with the challenge of navigating a new regulatory landscape. TSG’s premiere team of scientific and regulatory experts, including TSCA specialist, Dr. Saadia Eltayeb, who focuses on federal compliance, can assist companies in ensuring that their products adhere to these new regulations.
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