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REVISED TOXIC SUBSTANCES CONTROL ACT (TSCA) CHALLENGES FOR “NEW” AND “EXISTING” SUBSTANCES

May 01, 2019
USA (United States of America)
The Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) changes many components of the original US Toxic Substances Control Act (TSCA) statute. These include the addition of systematic evaluation of existing chemicals, introduction of new concepts to the assessment of new chemicals, and altering how confidential business information (CBI) is reviewed and maintained. The effects of the existing chemicals prioritization and risk evaluation process on industry have yet to be realized. Changes to the new chemical process continue to evolve. However, it is clear that the use of “insufficient information” findings and the inclusion of “reasonably foreseeable uses” in the new chemical review process have had a profound effect on the outcomes of assessments, resulting in a reduction in the number of new chemicals that are commercialized. Changes to the procedure for protection of CBI protection make requirements for substantiation more frequent and more challenging.