Apr 7, 2022

EPA to Cease Accepting Expedited Corrections to TSCA Inventory

DuPont Toxic chemicals

On February 24, the EPA announced that it will stop accepting streamlined requests to correct entries on the TSCA Inventory of Chemicals in Commerce as of April 26, 2022.  Historically, the Agency has allowed corrections to chemical identities using the same forms and documentation used to add an existing chemical to the inventory.  This practice greatly streamlined and expedited the ability of industries to correct mistakes made in initial filings.  Under the EPA’s new policy; however, the Agency will require any changes to go through the same pre-manufacture notice (“PMN”) process required for completely new chemicals.   The decision has already… Read more

Jul 25, 2017

EPA Issues Final Rules Under TSCA for Risk Evaluation and Prioritization of Chemicals

Toxic Substances and Person in Hazmat Suite

On July 20, 2017, EPA published two final rules in the federal register under the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601, as revised by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, 130 STAT. 448 (codified at 15 U.S.C. § 2601 (2016)). EPA also announced the availability of Guidance to Assist Interested Persons in Developing and Submitting Draft Risk Evaluations. 82 Fed. Reg. 33765 (July 20, 2017). The Lautenberg Act requires EPA to develop a program to evaluate chemical toxicity for substances used in commerce and provides for regulation of… Read more

Dec 14, 2016

EPA Proposes Ban of TCE for Dry Cleaning Uses

Dry Cleaning Facility

Relying on its new authority under the Toxic Substances Control Act (TSCA), which was amended in summer 2016, EPA announced a proposed rule on December 7, 2016, which would ban trichloroethylene (TCE) from use as a degreaser and spot removal agent in dry-cleaning operations. The proposed rule marks the first exercise of EPA’s new authority to restrict the use of an existing chemical under TSCA. The proposed rule is based on a 2014 EPA risk assessment which found significant health risks for workers and consumers relating to the use of TCE in dry cleaning. The proposed rule would prohibit the… Read more

May 11, 2015

EPA Environmental Appeals Board: No Statute of Limitations on Failure to Report Under TSCA

Although the chemical industry appellant, Elementis Chromium Inc., prevailed in its appeal of a $2.5 million penalty under the Toxic Substances Control Act (TSCA), a ruling by EPA’s Environmental Appeals Board (EAB) indicates that violations of Section 8(e) of TSCA are continuing, and therefore not subject to the general 5-year federal statute of limitations. In re: Elementis Chromium Inc., March 13, 2015. EPA initiated an enforcement action against Elementis for its failure to send EPA a 2002 industry study showing increased risk of lung cancer to workers exposed to hexavalent chromium (Cr6).  EPA contended that Section 8(e) of TSCA, which generally… Read more