Toxic Substances Control Act (TSCA)

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On April 14, 2022, the United States Environmental Protection Agency released an updated draft risk assessment for formaldehyde, in which it links long-term, low-dose inhalation of the common chemical to leukemia and various cancers involving the head and neck.  EPA has also identified potential links to non-cancer health outcomes, including sensory irritation, respiratory problems, reproductive and developmental toxicity, and nervous system effects.  The risk assessment associates these potentially adverse health effects with lifetime doses even lower than those identified by EPA in its 2010 draft, which EPA had agreed to revisit after the scientific community and industry stakeholders criticized its methodology.    …
Continue Reading EPA Draws Link Between Low-Dose Formaldehyde Exposure and Cancer

In a dramatic recent announcement, EPA suggested that if companies import, manufacture, or process a finished good for commercial sale, and that product is not a pesticide, not a firearm, not a tobacco product, and not a food, food additive, drug, cosmetic, or device, they will need to know all chemicals contained in those products.
Continue Reading EPA May Require Companies To Know All The Chemicals In Products They Make Or Sell

In an unprecedented and broad action, EPA has proposed a rule that would require reporting of per- and polyfluoroalkyl substances by manufacturers and importers under the Toxic Substances Control Act.
Continue Reading Do You Import Products for Commercial Sale? Have You Heard About the ‘Forever Chemicals?’

Under the Toxic Substances Control Act, EPA imposes numerous regulatory obligations on the domestic manufacturer and importer of industrial chemicals. If your company engages in either of these activities, you may have imminent reporting obligations under the TSCA Chemical Data Reporting rule.
Continue Reading Chemical Manufacturers and Importers Take Note: TSCA Chemical Data Reporting Rule Submissions on Production, Distribution, and Usage Data are due to U.S. EPA by November 30, 2020

On September 4, 2020, the United States Environmental Protection Agency released the final scoping documents for the next 20 chemicals it has designated as “high priority” for risk evaluation under the Toxic Substances Control Act.
Continue Reading EPA Releases Final Risk Evaluation Scope Documents for Next 20 High Priority Chemicals

The United States Environmental Protection Agency (EPA) has imposed the first penalty for violations of its new rule limiting formaldehyde emissions from composite wood products just over one year after the rule became effective. The $544,064 penalty assessed against construction product supplier Global Sourcing Solutions, a Division of Turner Logistics, LLC (Global Sourcing Solutions), comes as part of a consent agreement between EPA and the company, which will also be required to implement a corrective action plan.
Continue Reading EPA Imposes $544,064 Penalty for 17 Noncompliant Products in First Formaldehyde Enforcement Action

As reported in an August 27, 2019 client alert by the Product Liability and Mass Tort Litigation practice, on August 23, 2019, the United States Environmental Protection Agency (EPA) designated 20 chemicals commonly found in consumer products as “high priorities” for risk evaluation and possible regulation. EPA’s identification of these chemicals comes under the authority conferred by the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act), which amended the Toxic Substances Control Act (TSCA) in 2016 to give EPA new powers to review and regulate chemicals.
Continue Reading EPA Designates 20 Common Chemicals as High Priorities for Possible Regulation