TSCA Reform: NASF Focuses on Implementing New U.S. Chemicals Law

NASF is a member of the North American Metals Council (NAMC) that monitors North American and global regulatory issues that impact the use of metals. The association has worked closely with groups like NAMC to ensure that the risks associated with metals are appropriately addressed in new chemical regulations.

NAMC has prepared a working document that identifies a timeline for the U.S. Environmental Protection Agency (EPA) to achieve the mandates identified in the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) that amended the Toxic Substances Control Act (TSCA). In addition, EPA has also posted its first-year implementation plan on its website at: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-2.

Provided below are some of the key dates for implementing the new TSCA Reform requirements for issues affecting metals.

December 2016

  • EPA will need to propose three rulemakings for public review and comment by mid-December to achieve the final rulemaking deadlines mandated in TSCA Reform legislation:

1. Establish screening process for prioritization (to achieve June 22, 2017 deadline for final rulemaking);

2. Process to conduct risk evaluations (to achieve June 22, 2017 deadline for final rulemaking); and

3. Inventory reset process (to achieve June 22, 2017 deadline for final rulemaking).

  • EPA must “ensure” risk evaluation work has begun on ten chemicals from TSCA Chemical Work Plan.
  • EPA must submit a report to Congress on its capacity to complete the risk evaluations required under the TSCA Reform legislation.

June 22, 2017

  • EPA must issue a final rulemaking to establish a screening process that includes prioritization criteria.
  • EPA must issue a final rulemaking on its process to conduct risk evaluations.
  • EPA must issue guidance for stakeholders on developing and submitting draft risk evaluations.
  • EPA must issue a final rulemaking for Inventory reset — notification on chemicals manufactured or processed over the last 10 years.

June 2017 through December 2018

  • Although not specified in the TSCA Reform legislation or in EPA’s implementation plan, it seems evident that EPA will need to begin negotiations on limiting byproduct reporting under the Chemical Data Reporting (CDR) rule to achieve the proposed rulemaking deadline of June 22, 2019.

June 22, 2018

  • EPA to issue policies, procedures, and guidance necessary for implementing amended TSCA.

June 22, 2019

  • EPA must issue proposed rulemaking for risk management on TSCA Work Plan Chemicals identified as persistent, bioaccumulative, and toxic from the 2014 TSCA Work Plan, with likely exposure to the general population that were not subject to Section 5 review or to a consent agreement under Section 4.
  • EPA must propose rulemaking to limit reporting requirements for recycled, reused, or reprocessed inorganic byproducts.
  • EPA must issue a final rulemaking on information to be provided in periodic reports for persons who manufacture mercury or mercury-added products or otherwise intentionally use mercury in a manufacturing process.

December 22, 2019

  • EPA must “ensure” that risk evaluations are being conducted on at least 20 high-priority substances and that at least 20 chemicals have been designated as low-priority substances.
  • EPA must issue a final rulemaking on recycled, reused, or reprocessed inorganic byproducts and CDR reporting.

The timeline summarized above is subject to change as EPA works to meet the challenges of implementing the obligations under the new legislation. NASF will continue to review the new requirements associated with the implementation of the new TSCA Reform legislation and provide updates to members.  If you have any questions or would like additional information, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.

Posted in Government Relations, Law & Regulation