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The Constantly Pending PMN: Low Volume Exemption Applications Are Living Documents

When available, a Low Volume Exemption ("LVE") is an attractive and quicker path to commercial marketing than filing a full premanufacture notification ("PMN") pursuant to the Toxic Substances Control Act ("TSCA"). Specifically, because LVE substances are never listed on...

Year End Nanotechnology Developments

By William J. Walsh, Of Counsel, Pepper Hamilton LLP The Environmental Protection Agency's Inspector General (IG) issued a report, EPA Needs to Manage Nanomaterial Risks More Effectively , December 29, 2011 critiquing EPA's regulation of nanomaterials (i.e., particles or fibers with a diameter...

EPA lacks authority to regulate nanomaterials, states EPA IG, even if regulations are soon issued under FIFRA and TSCA

Prior posts have noted the wide use of nanomaterials in consumer goods, and the threat to human health that particles of such size may pose. An example of the risk posed by nanomaterials is sunscreen. Dermal penetration of some nanomaterials into the skin can potentially pose a hazard to human health...

EPA Evaluates Fracking Chemicals

The EPA recently initiated a process that may result in the first federal regulation of chemicals used in fracking, a drilling technique that has significantly enhanced energy production and development in the United States. In a response to a citizen petition under Section 21 of TSCA submitted by...

What Happens Next to Earthjustice's Demand for CBI Reassertion and Resubstantiation?

The designation and treatment of Confidential Business Information (“CBI”) is frequently at the center of the Toxic Substances Control Act (“TSCA”) reform debate. One issue receiving increased attention is whether chemical companies should be required to reassert or resubstantiate...

EPA Eliminates Article Exemption for Benzidine-Based Chemical Substances in Significant New Use Rule

Under section 5(a)(1)(B) of the Toxic Substances Control Act (TSCA) (15 U.S.C. § 2601 et seq .), [ enhanced version available to lexis.com subscribers ], the U.S. Environmental Protection Agency (EPA) has the authority to require any person who intends to manufacture, import, or process any chemical...

Summary of EPA's Proposed Rule for Nanoscale Substances

EPA’s Proposed TSCA Rule for Information Collection on Chemical Substances When Manufactured or Processed at the Nanoscale Deadline for comment: July 6, 2015 Statutory authority: Section 8(a) of TSCA, 40 C.F.R. Part 704 Overview • EPA is proposing to collect information from companies...

House TSCA Modernization Act Gains Unanimous Bipartisan Support in Subcommittee, But More Work to be Done

On May 14, 2015, the House of Representatives Environment and the Economy Subcommittee unanimously reported its TSCA Modernization Act legislative proposal. The draft is a result of bipartisan efforts led by the Subcommittee Chairman, John Shimkus (R-IL), and supported by Subcommittee Ranking Member...

TSCA Modernization Act Hearing

On June 3, 2015, the House Energy and Commerce Committee voted unanimously, with one abstention by Representative Eshoo (D-CA), to submit the amended TSCA Modernization Act to the House of Representatives. During the hearing, two amendments were introduced. One bipartisan amendment offered by the...

House Passes TSCA Modernization Act, What's Next

The House of Representatives passed the TSCA Modernization Act (H.R. 2576), [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], by an overwhelming majority of 398-1, on June 23, 2015. The alternative Senate bill, the Frank R. Lautenberg Chemical Safety for the 21st...