The Senate Approved the TSCA Reform Measure on June 8, 2016
President Obama Signed the TSCA Reform Bill into Law on June 22, 2016
What are the Next Steps for the Industry?
ASC will conduct a webinar providing additional analysis of the bipartisan reform legislation that was recently signed into law, with additional educational opportunities for detailing how the new law will impact adhesive and sealant manufacturers throughout 2016.
WHO SHOULD ATTEND: ASC Members interested in staying informed on this important legislation
DATE/TIME: Thursday June 30, 2016, 11:00 AM AM ET
Presented by Mark Duvall, Beveridge & Diamond and Mark Collatz, Director of Regulatory Affairs for ASC
Preemption: Lautenberg significantly changes when states cannot establish new chemical regulatory laws or continue to enforce existing laws. Specifically states’ actions taken before April 22, 2016 or regulations in effect as a result of state laws approved prior to Aug 31, 2003 regulation are grandfathered and remain in effect. Otherwise states are prohibited from continuing to enforce statutes, administrative actions or in some cases criminal penalties, that would:
- Require information already required under a TSCA Section 4, 5 or 6 rule, consent agreement or order:
- Prohibit or restrict a chemical after EPA has made Section 6 determination or issued a final rule;
- Subject a chemical to the same notification of use already established in a Section 5 Significant New Use Rule (SNUR).
Confidential Business Information (CBI): The legislation establishes processes for protecting CBI and requires written support for claiming protection from disclosure for chemical identity and other information. Specific manufacturing and processing descriptions, specific volumes, composition of a mixture, a chemical’s use and function will not require substantiation. There is a ten year time limit for confidentiality claims but ten year extensions of CBI protection are available.
Prioritizations, Risk Evaluation and Regulation of Chemical Substances: A significant revision to existing TSCA law, Lautenberg will include numeric goals, certain preferences and deadlines for chemicals to be considered for evaluation. The legislation also simplifies the procedural requirements for promulgation of risk management rules while adding new requirements and providing for certain exemptions from such rules.