Chris Leason provides insight into how expansion of the EPA's chemical regulations, coupled with the ongoing litigation challenging them, will shape the future of chemical manufacture and use within the U.S. The article also discusses how manufacturers and processors of chemicals in Arizona will need to keep abreast of developments to ensure that their operations are not adversely affected by EPA’s actions, or any resulting litigation.
How will expansion of chemical safety law impact Arizona businesses?
In 2017, the U.S. Environmental Protection Agency (“EPA”) promulgated significant amendments to its chemical regulations to implement new requirements of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (the “Lautenberg Act”). These “framework” rules, covering all existing chemicals in commerce, are currently being challenged in Federal courts by environmental groups. EPA’s framework rules, coupled with the ongoing litigation challenging them, will shape the future of chemical manufacture and use within the U.S. Manufacturers and processors of chemicals in Arizona will need to keep abreast of developments to ensure that their operations are not adversely affected by EPA’s actions, or any resulting litigation.
Introduction
The Lautenberg Act, named after the late Senator Frank Lautenberg from New Jersey, reflects the most substantial amendments to the Toxic Substances Control Act (“TSCA”) since its original enactment in 1976. The Lautenberg Act imposes mandatory requirements on EPA to (1) identify all existing chemicals in commerce as either “high” or “low-priority” for risk evaluations, (2) apply a new risk-based safety standard when performing a risk evaluation of designated “high-priority” chemicals, which excludes costs and other non-risk factors, and (3) implement actions within designated time periods to address any “unreasonable risks” posed by a chemical.
Although many think of TSCA as the law that regulates the manufacture of chemicals, the law also applies to “processors,” those that neither manufacture nor import chemicals, but use chemicals in their manufacturing processes. As such, actions by EPA in both implementing the Lautenberg Act and evaluating chemicals pursuant to it, and lawsuits brought by environmental groups challenging EPA’s actions, will shape the application of the Lautenberg Act to Arizona businesses.
This article discusses the primary obligations and EPA rulemakings under the Lautenberg Act and litigation challenging EPA’s actions.
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Click here to read the article published by Az Business Magazine.