Test Your TSCA Reform IQ (Beta)

Now that the Lautenberg TSCA Reform law has passed, are TSCA notifications in review at the EPA now subject to the new rules?

The EPA will need to put the formal process for the regulations. Its is possible that the EPA will begin to provide the determination required under the TSCA reform Law. We expect though that unless a chemical under review currently presents a risk, there would not be a difference.

If my company is using a chemical currently on TSCA, will we be able to continue to use the chemical?

The new law will not initially change your ability to use a chemical. You will need to report all of your active chemicals regardless of volume as part of ythe TSCA re-set. If a chemical that you are currently using is added to the list of high priority chemicals, you will have the opportunity to provide data and information for the risk evaluation. It is expected that you will also have at least a year to start the substitution of adiffernt chemical since the EPA will publish when a chemical is added to the list of chemicals to be reviewed.

Will the fees for new chemical submissions (such as PMNs, LVE,s SNUNs, etc.) be changed?

The answer is really "yes, in most cases." The EPA has not published a new fee schedule yet. PMN Submission fees for small manufacturers will not change.

Can CBI claims still be asserted?

CBI claims will be time limited to 10 years for new chemicals, Existing chemicals will require re-substantiation of the CBI claim. If the claim is allowed, it will only be valid for 10 years. In some cases where a chemical identity is claimed CBI, the EPA may disallow the CBI claim if there is substantial risk found.

Are there any changes to the definition of an Article?

There are no changes to the definition of an Article under TSCA