Get complete, dependable coverage of the regulation at every stage in the chemical life cycle, including comprehensive news on REACH, the Toxic Substances Control Act, up-to-date HAZMAT guidance,...
By Pat Rizzuto
June 13 — Congress' changes to the Toxic Substances Control Act could alter proposed Environmental Protection Agency rules affecting chemicals in manufactured goods before they're issued as final, attorneys said June 13.
The EPA may need to conduct new analyses to support its proposed rules or the agency may need to re-propose them in light of changes the TSCA-reform bill would make to the criteria the agency should use when regulating manufactured goods, or “articles,” said Lynn Bergeson, managing partner of Bergeson & Campbell P.C.
Mark Duvall, an attorney with Beveridge & Diamond P.C., told Bloomberg BNA he too would interpret the articles provisions of the TSCA-reform bill as applying to the forthcoming final “significant new use rules” once the legislation is signed into law.
Bergeson and Duvall referred to changes the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576) made to the EPA's authorities over new chemicals and new uses of chemicals (Section 5 of TSCA).
The House and Senate approved H.R. 2576 on May 24 and June 7, respectively. The White House strongly supports the bill, which would overhaul TSCA for the first time since 1976, and President Obama is expected to sign it soon.
Proposed significant new use rules covering domestic manufacturers and importers of products that contain certain perfluorinated chemicals, toluene diisocyanates and flame retardants known as polybrominated diphenyl ethers are among the regulations the EPA may have to rethink, Bergeson said during a webinar her law firm hosted.
Manufacturers and importers of semiconductors, automobiles and furniture are among the companies that objected to EPA's proposal to cover articles in these regulations.
In an e-mailed statement, the EPA said it could not comment on how it would interpret H.R. 2576, because it has not yet been signed into law.
Richard Denison, lead senior scientist at the Environmental Defense Fund, said H.R. 2576 does not discuss whether its changes to Section 5 are to apply immediately or be phased in.
“It would partly depend on where [EPA is] in the process and what issues are being raised,” Denison said during the webinar.
To contact the reporter on this story: Pat Rizzuto in Washington at email@example.com
To contact the editor responsible for this story: Larry Pearl at firstname.lastname@example.org
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)