2021 Chemicals Workshop Webinar Series: Biden Administration Implementation of TSCA

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    Presentation materials and a recording of the webinar are available online.


    Join Caffey Norman and Allen Kacenjar for the first webinar in our four-part 2021 Chemicals Workshop Webinar Series in partnership with the Ohio Chemistry Technology Council (OCTC).

    The Environmental Protection Agency’s (EPA) implementation of the Toxic Substances Control Act (TSCA) under the Biden Administration continues in fits and starts. EPA belatedly completed its first 10 TSCA Risk Evaluations by the end of 2020, but in June announced that seven of them will require further analysis to include additional exposure pathways, which will result in a public comment period and peer review.

    This announcement followed a Ninth Circuit order remanding the first Risk Evaluation completed (for methylene chloride) so that EPA could consider additional exposure pathways, take better account of PPE and include Environmental Justice considerations. A recent Second Circuit decision upheld an earlier TSCA Section 6 regulation (the first in 30 years) banning the sale of methylene chloride-based paint strippers for consumer use but declining to expand the ban to commercial use.

    Also before year-end 2020, EPA released final scope documents for the next 20 chemicals undergoing risk evaluation under TSCA. So far, none of the 20 new Risk Evaluations has been released. The statutory deadline to complete the 20 assessments is December 2022, although TSCA allows for a six-month extension. EPA has also launched rulemakings to revise its TSCA risk evaluation fee regulations and has made significant changes to its process for reviewing new chemical substances.

    As the Agency gears up to issue risk management regulations under TSCA Section 6 that mitigate risks presented by substances with completed Risk Evaluations, it is being pushed to adopt a new generic regulation for this process. Implementation of TSCA has enormous implications for the chemical industry, underscoring the importance of staying on top of what is happening at EPA.

    CLE is pending for 1.0 hour of general CLE in the following jurisdictions: AZ, CA, CO, NJ, NY, OH and TX.

    We will circulate an invitation for the final three webinars in our series in due course.

    PFAS and Prop 65: Key Practical and Regulatory Developments
    Wednesday, November 3
    11 a.m. – noon EDT
    Allen Kacenjar and Kendra Sherman

    UK REACH – Its Implementation and Challenges, and the EU Chemicals Strategy for Sustainability
    Wednesday, November 10
    11 a.m. – noon EDT
    Dave Gordon and Ken Huestebeck

    Insights: Chemicals Industry Roundtable
    Wednesday, November 17
    11 a.m. – noon EDT
    Karen Winters will serve as moderator to a panel of industry-leading professionals (lineup to be announced)