TSCA case resources

On June 22, 2016, President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which substantially amended the Toxic Substances Control Act (TSCA) [PDF] to create a stronger and more effective chemical safety system in the United States.

EDF is working hard to ensure that EPA effectively implements the Lautenberg Act and fulfills its duties to protect the American people from harmful chemicals. EPA has issued three framework rules to govern how the law will work. Unfortunately, the rules as written violate the letter and intent of the law.

We have filed lawsuits challenging each of these framework rules and provide the significant public filings below.

EPA issued two framework rules under TSCA Section 6 governing prioritization and risk evaluation, and we group filings from those lawsuits together. EPA also issued a framework rule under TSCA Section 8 governing Inventory notification.

Section 6

Section 6 of TSCA requires EPA to systematically prioritize and then evaluate existing chemical substances based on the risks those substances present to human health and the environment.

EPA has issued two rules governing the prioritization and risk evaluation processes. Below are links to significant filings from this litigation, the final rules, and the proposed rules.

Brief

Motion regarding record

Motions regarding transfer

Motions to Intervene

Petitions for review

Final rules

Proposed rules

Section 8

The original TSCA required EPA to set up and maintain an Inventory of chemicals manufactured (including imported) or processed in the United States. As we've explained before, the Inventory has grown to some 85,000 chemicals, many of which are no longer in use in the United States.

The Lautenberg Act requires EPA to update the Inventory by: (1) identifying which listed chemicals are still in use and (2) reviewing chemical identity CBI claims to determine whether or not they are still warranted.

EPA issued the Secion 8 Inventory notification rule to govern this process. Below are links to significant filings from this litigation, the final rules, and the proposed rules.

Oral Argument

Briefs and Addenda

Motion to Intervene

Petition for review

Final rule

Proposed rule