Date: Jul 07, 2016
On June 22, 2016, "The Frank R. Lautenberg - Chemical Safety for the 21st Century Act," H.R. 2576, was signed by President Barack Obama. Effective the same day, the amended Toxic Substances Control Act (TSCA) includes a new safety standard, extensive changes to existing chemicals management, and an aggressive implementation schedule. Amended TSCA also has an immediate impact on companies that have new chemical submissions pending before the U.S. Environmental Protection Agency (EPA).
On June 30, 2016, EPA held its first webinar to lay out the Agency's plans to implement the new TSCA. EPA explained that it has decided to interpret the new law as resetting the 90-day review period clock for TSCA section 5 premanufacture notice (PMN) reviews pending before the Agency as of the date of enactment. The Agency further indicated that it would try to complete PMN reviews and make the newly-required determinations within the original review period deadlines, but that a timely notice review is not guaranteed. It is significant to note, however, that as soon as EPA makes its determination under the new TSCA that a PMN substance is not likely to present an unreasonable risk of injury to health or the environment, the PMN submitter can immediately commence non-exempt manufacture or import, even if the Agency's determination is made before the expiration of the 90-day review period.
The Agency also made the following additional announcements:
EPA is posting information on this and other Agency implementation efforts on its new TSCA reform webpage, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act.