--- title: 10 Things to Know About TSCA Reform description: 10 Things to Know About TSCA Reform image: https://go.adherent.com/hubfs/Imported_Blog_Media/US-Congress-TSCA-thumbnail-2-150x150.png --- [![](https://www.complianceandrisks.com/wp-content/themes/compliancerisk/inc/img/general/compliancelogo.svg)](https://www.complianceandrisks.com/) - Products Products - - [C2P](https://www.complianceandrisks.com/c2p-compliance-knowledge-management-platform/) - [Regulations Management](https://www.complianceandrisks.com/solutions/conquering-the-regulatory-avalanche/) - [Standards Management](https://www.complianceandrisks.com/solutions/standards/) - [Requirements Management](https://www.complianceandrisks.com/solutions/heres-the-regulation-whats-next/) - [Regulatory Topics](https://www.complianceandrisks.com/solutions/regulated-areas/) - [WFSGI Compliant Labelling Requirements Database](https://www.complianceandrisks.com/WFSGI/) - Services Services - [Market Access Service](https://www.complianceandrisks.com/solutions/grow-in-new-markets/) - [Regulatory Process Consulting](https://www.complianceandrisks.com/solutions/best-practices-in-compliance-processes/) - [Environmental, Health & Safety (EH&S)](https://www.complianceandrisks.com/solutions/ehs-and-your-legal-registers/) - [Managed Services](https://www.complianceandrisks.com/solutions/solutions-for-every-day/) - [Training and Systems Implementation](https://www.complianceandrisks.com/solutions/training-and-systems-implementation/) - [Ask Our Experts](https://www.complianceandrisks.com/solutions/your-compliance-question) - Resources News & Resources - [Blog](https://blog.complianceandrisks.com/news-resources?__hstc=67571022.c37393069837d66fdddfdab74b5ad3c6.1593078357468.1593078357468.1593078357468.1&__hssc=67571022.1.1593078357469&__hsfp=693435645) - [Commentary & Analysis](https://blog.complianceandrisks.com/commentary-analysis?__hstc=67571022.c37393069837d66fdddfdab74b5ad3c6.1593078357468.1593078357468.1593078357468.1&__hssc=67571022.1.1593078357469&__hsfp=693435645) - [COVID-19](https://www.complianceandrisks.com/covid-19/) - [Webinars](https://www.complianceandrisks.com/webinars/) - [White Papers & eBooks](https://www.complianceandrisks.com/whitepapers/) - [About](https://www.complianceandrisks.com/about/) Compliance & Risks - [About Us](https://www.complianceandrisks.com/about/) - [Industries](https://www.complianceandrisks.com/compliance-requirements-industries/) - [History](https://www.complianceandrisks.com/compliance-and-risks-history/) - [Careers](https://www.complianceandrisks.com/compliance-risks-careers/) - [Knowledge Partners](https://www.complianceandrisks.com/knowledge-partners/) - [Partners & Affiliates](https://www.complianceandrisks.com/becoming-a-compliance-risks-partner/) - [Get in touch](https://www.complianceandrisks.com/contact/) COVID-19 Regulatory Developments [Find Out More](https://www.complianceandrisks.com/covid-19/) - [Book a demo](https://www.complianceandrisks.com/book-a-demo/) - [Eng](https://complianceandrisks.com) - [日本語](http://complianceandrisks.jp/) ![](https://www.complianceandrisks.com/wp-content/themes/compliancerisk/inc/img/general/burger.svg) Search for: # 10 Things to Know About TSCA Reform --- ##### 16 June 2016 [![TSCA Reform](https://go.adherent.com/hs-fs/hubfs/Imported_Blog_Media/US-Congress-TSCA-thumbnail-2-150x150.png?width=150&height=150&name=US-Congress-TSCA-thumbnail-2-150x150.png)](https://go.adherent.com/hubfs/Imported_Blog_Media/US-Congress-TSCA-thumbnail-2.png)June 8, 2016 was a landmark day for US environmental law.  Following years of failed attempts to “modernize” the Toxic Substances Control Act of 1976 (TSCA), US Congress finally came together to approve H.R. 2576, Frank R. Lautenberg Chemical Safety for the 21st Century Act, paving the way for further approval in the Senate and allowing for major TSCA Reform. Despite its good intentions, TSCA had largely been viewed as a failure.  Under its authority, the US Environmental Protection Agency (EPA) has only been able to require testing of a few hundred of the chemicals in use, and has also encountered significant barriers in attempting to restrict or ban certain chemicals or uses. The most cited example was EPA’s effort to prohibit asbestos in the 1980s. EPA’s ban was overturned in court in 1991, and since then, the agency has not succeeded in using the law to regulate any existing chemicals. We believe that President Barack Obama will sign the bill into law shortly. It’s an exciting, but challenging time for those responsible for environmental compliance regulations. Here’s a look at the highlights of [TSCA reform](http://www.epw.senate.gov/public/_cache/files/aa2ac4d1-15bb-4e71-9588-909d49bdcff2/tsca-reform-marketing-packet-5.19-final.pdfhttp://): 1. **Systematic Review of all Chemicals in Commerce** Current law grandfathered thousands of chemicals already on the market when TSCA was enacted, and the vast majority of them have not been reviewed for safety. TSCA will require a methodical review of all chemicals currently used in commerce. 2. **Strengthens Safety** EPA must conduct an extensive risk evaluation on any chemical deemed a “high-priority” using a health-based risk evaluation. Assessments must be based on sound and credible science, through a transparent process, and consider risk to potentially exposed or susceptive subpopulations identified by EPA. Should EPA find that a chemical, or particular use of a chemical, poses significant risk, they must regulate it to protect against the risk to the general population and relevant subpopulations. 3. **EPA is Required to Focus on the Highest Priorities** EPA will establish a transparent, risk-based prioritization process to identify high and low priority chemicals for risk evaluations, and must increase the number of chemicals undergoing assessments over time. Specific criteria must be used to prioritize substances. Manufacturers may request that EPA conduct a risk evaluation of a chemical subject to appropriate limitations if the manufacturer agrees to cover the costs (100% in most cases; 50% for certain chemicals). 4. **Strengthens Transparency and the Quality of Science Used in EPA Decisions** EPA must make its work available to the public and Congress. In addition, they must use the best-available science, and decisions must be based on the weight of the scientific evidence. 5. **Additional Health and Safety Testing** EPA’s ability to require additional health and safety testing of chemicals has been expanded, while also reducing unnecessary animal testing. EPA is allowed to require testing without the current law “catch-22” that forced it to show a potential risk prior to initiating new testing. They are also authorized to require testing via orders in situations where the information is needed for EPA to prioritize chemicals or conduct a chemical review. 6. **Range of Regulatory Options to Address Substances Presenting Unreasonable Risk** EPA will be required to restrict the use of any chemical substance that the agency finds to present an unreasonable risk, unless the chemical meets specified criteria for a critical use exemption, like those essential to national defense. Any regulatory proposal must consider, and make public its costs and benefits, before any final regulation can be put into place. 7. **Chemicals that Present an Unreasonable Risk** EPA has multiple options, including imposing warning requirements, restrictions on specific uses and chemical phase outs or bans. 8. **Enforcement Timescales** Compliance with all rules must be as soon as practicable but generally within five years of being made final. 9. **Uniform Regulatory System** Interstate commerce will not be unduly burdened, while retaining a significant role for states in ensuring chemical safety: - EPA's final decisions will pre-empt all existing and future state laws that restrict chemicals, or are in conflict with EPA action - And any state prohibition or restriction enacted before 22 April 2016, and any other state law enacted before 31 August 2003, will not be pre-empted - New state chemical restrictions will not be able to be enacted while EPA conducts risk evaluations of a high-priority chemical, without the state first obtaining a waiver from EPA - State reporting, monitoring and other information requirements and requirements imposed under state laws are not pre-empted 1. **How it’s Financed** TSCA reform allows EPA to collect up to $25 million in fees each year to help defray the costs of chemical regulation. It mandates that congressional appropriations cannot fall below the amount provided in 2014 to ensure that user fees will be additive to, not a replacement, for congressional appropriations. These user fees will be used to better implement the law, including prioritizing existing chemicals, and conducting and completing safety assessments and determinations. For further information on TSCA, why don't you [**Ask Our Experts**](http://www.complianceandrisks.com/services/ask-our-experts/) for free, or read [http://www.epw.senate.gov/public/\_cache/files/aa2ac4d1-15bb-4e71-9588-909d49bdcff2/tsca-reform-marketing-packet-5.19-final.pdf](http://www.epw.senate.gov/public/_cache/files/aa2ac4d1-15bb-4e71-9588-909d49bdcff2/tsca-reform-marketing-packet-5.19-final.pdf)?! ![Picture of Stacey Bowers](https://app.hubspot.com/settings/avatar/917cfeb2028f46dd36a45d5bbe206cd4) ### Written by [Stacey Bowers](https://go.adherent.com/commentary-analysis-old/author/stacey-bowers) Stacey Bowers, MILS, is Manager of Global Market Access and Content Product Manager at Compliance & Risks. She has nearly 20 years experience monitoring, selecting, and summarizing international consumer products regulations and standards to support the strategic business needs of retailers and manufacturers, including entering new geographic markets; facilitating education and training throughout the supply chain; and development of global best practices around regulatory compliance. Stacey specializes in condensing and comparing requirements from multiple jurisdictions internationally. She is client-service focused, with an emphasis on developing strong partnerships and a successful collaborator with team members at any level of an organization and every step along the supply chain. 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