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Home > Nanotechnology Columns > Bergeson & Campbell, P.C. > New Article Discusses TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials

Lynn L. Bergeson
Managing Director
Bergeson & Campbell, P.C.

Abstract:
We are pleased to announced that Lynn L. Bergeson, Charles M. Auer, and Carla N. Hutton published an article, "Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials," in the January 26, 2017, issue of Bloomberg BNA's Daily Environment Report.

January 30th, 2017

New Article Discusses TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials

We are pleased to announced that Lynn L. Bergeson, Charles M. Auer, and Carla N. Hutton published an article, "Practitioner Insights: A Review and Analysis of TSCA Reform Provisions Pertinent to Manufacturers and Processors of Nanoscale Materials," in the January 26, 2017, issue of Bloomberg BNA's Daily Environment Report. See http://nanotech.lawbc.com/wp-content/uploads/sites/539/2017/01/00201189.pdf The article reviews and analyzes the Toxic Substances Control Act (TSCA) as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, and focuses narrowly on how new TSCA specifically impacts nanoscale materials. Although new TSCA dramatically changes how the U.S. Environmental Protection Agency (EPA) evaluates and manages industrial chemicals, including nanoscale chemicals, the absence of words or phrases such as nano or nanoscale materials means that there are no specific or additional requirements that apply explicitly to such materials. This was a significant shift from many of the earlier TSCA reform bills, which explicitly addressed nanoscale materials by proposing new definitions such as "substance characteristics" and "special substance characteristics" that included concepts such as size or size distribution; shape; surface structure; and reactivity. New TSCA is noticeably silent on this subject and does not distinguish nanoscale materials or treat such materials differently from other chemical substances regulated under TSCA. The article focuses on the key changes in new TSCA that could affect manufacturers and processors of nanoscale materials, and notes opportunities for stakeholders to engage in forthcoming rulemaking processes and other regulatory initiatives to ensure EPA is successful in implementing new TSCA.

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