Jan 4, 2017

EPA Expected to Release Framework TSCA Proposals Soon

This month, the U.S. Environmental Protection Agency (EPA) is expected to release four proposed rules under the amended Toxic Substances Control Act (TSCA) that will shape the TSCA program for years to come. Companies affected by TSCA throughout the supply chain, including coatings manufacturers and processors, must be prepared to evaluate each proposed regulation and provide comments to ensure that the regulations will be consistent with the new requirements under the Frank R. Lautenberg for the 21st Century Act ("Lautenberg Act").

These proposed rules are 1) procedures for prioritization of existing chemicals, 2) procedures for EPA risk evaluations of existing chemicals, 3) a reporting rule to "reset" the TSCA inventory, and 4) the establishment of user fees under the TSCA program. Of these proposals, the prioritization proposed rule has gone through the White House Office of Management and Budget (OMB) and is expected to be released soon; the risk evaluation proposed rule is still under OMB review. EPA's forthcoming Section 8 rule to "reset" the TSCA inventory will not go to OMB for review because EPA does not consider it to be a significant rulemaking. The status of the user fee proposed rule is unknown, although likely to be released soon so that the program can start collecting funds for implementation.

Requirements under the Lautenberg Act for Forthcoming Proposed Rules

As EPA implements the amended TSCA, each regulation it proposes must be consistent with the new mandates of the Lautenberg Act, as outlined at source: