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The New TSCA: Lessons Learned Since Passage of Lautenberg Act

After decades of discussion and debate, TSCA reform finally arrived last year when Congress passed and the president signed The Frank R. Lautenberg Chemical Safety for the 21st Century Act. But anticipation soon turned to exasperation for many notifiers of new chemicals. The statute requires the U.S. EPA make one of three determinations for a PMN, briefly: 1) not likely to present an unreasonable risk; 2) insufficient information available to permit a reasoned evaluation; or 3) may present unreasonable risk for intended and/or reasonably foreseen uses. While the EPA quickly issued its first tranche of type 1 determinations, there was considerable delay in issuance of determinations of type 2 and 3. Using case studies, this presentation examines how its implementation of the statutory determination requirement has created hurdles for PMN notifiers and changed their plans for new chemicals and uses. Strategies for anticipating these new hurdles are described.

Presenter(s): Gavin Thompson, PhD, Principal Consultant, Ramboll Environ, Adrienne Timmel, Esq, Associate, Keller & Heckman, LLP

Presentation Date: 11/2/2017

Contact Hour(s): 1.0



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