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Major Chemical Industry Regulation Changes in the U.S.

The U.S. Toxic Substances Control Act (TSCA) became law in 1976 with the objective of regulating chemicals in commerce that posed an “unreasonable risk of injury to human health or the environment.” The TSCA, as administered by the U.S. Environmental Protection Agency (EPA), has been criticized as antiquated and insufficient to protect human health and the environment; many states have enacted their own laws which are typically more stringent than the TSCA. Last month President Obama signed into law a major update to the TSCA that mandates changes affecting every industry importing, manufacturing, or processing an industrial chemical substance in the U.S. The law aims to strengthen chemical regulation by clarifying the EPA’s role in policing new chemicals and directing the EPA evaluate all chemicals currently in commerce.

Chemical Regulation Ally Law

The reform to the TSCA contains many significant changes and if your business involves chemicals in the U.S. you should seek advice from your Ally Law member firm to determine what steps you will need to take to assure compliance with the new requirements. For instance, the chemical industry will now need the approval of the EPA to move forward with the commercialization of a new chemical; if you do not already have policies and procedure to seek EPA approval in advance of commercialization you will need to draft and implement them. Further, the previous requirement that the EPA impose the ‘least burdensome’ alternative as to chemical regulation has been eliminated. These and other major changes can be expected to require extra costs and procedures on the part of the chemical industry. Ally Law member firms have professionals with deep experience in environmental law and regulatory practice who will review your business practices and will work with you to develop an efficient compliance program for your company as to applicable federal and regional laws in your jurisdiction in any country on the globe. For more information about Ally Law member firm services in this area, contact us at yourally@ally-law.com.

For the complete article by Vorys, Sater, Seymour, and Pease, LLP, Ally Law member firm, click here.