In an article for the Indiana Manufacturers Association Environmental Forum, Faegre Baker Daniels associate Max Kelln outlined upcoming actions by EPA under the recently enacted “Frank R. Lautenberg Chemical Safety for the 21st Century Act.” For the first time, this law amends the Toxic Substances Control Act (TSCA) signed in 1976. A key change to TSCA is that it sets mandatory deadlines for rulemaking, many of which will occur within the first year. The law will therefore require EPA to begin taking action before the end of 2016 so that it can issue final rules mid-summer. These early actions could result in increased chemical prices, reduce supply, limit use, or ban certain chemicals altogether.
“These early deadlines give the current administration a tremendous opportunity to permanently shape chemical regulation before leaving office,” Kelln said.