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Understanding the Re-Vamped TSCA: Federal Preemption Gives Uniform Standards

June 25, 2016

Lexology

June 22, 2016

by Reed Smith

The reformed Toxic Substances Control Act (TSCA) is the first major environmental law passed since 1990. President Barack Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act (H.R. 2576) into law on June 22, 2016. The bill radically amends TSCA after nearly 40 years of dormancy since TSCA first become law. Chemical industry associations and manufacturers praise the revamped legislation for providing regulatory certainty that the “old” TSCA failed to provide since states were free to pass their own laws. Now, federal preemption provides uniform standards and much-needed regulatory certainty.

Business Impact The amended TSCA will have significant impacts on chemical manufacturers, importers, distributors, processors and other downstream users. Important issues include the restriction and ban of chemicals, reporting of chemical data, chemical testing, CBI claims and access, and federal preemption.

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