Chemical Reporting and 2016 requirements
President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act into law on June 22, 2016. This law amends the TSCA (Toxic Substance Control Act) of 1976. The law addresses shortcomings in the TSCA which limited the EPA's ability to perform the task of protecting the public from dangerous chemicals. The new law has given the EPA new tools and guidelines in determining if or when certain chemical reporting thresholds are meet.
The EPA views the laws as a major victory for chemical safety, public health and the environment. Already taking step, the EPA has begun identifying those chemicals actively in commerce, and prioritizing substances with the most risk potential.
The most immediate effects will be seen in the new chemicals review process. The EPA is now required to make determination on a new chemical before manufacturing can commence. Companies that have submitted PMNs (Premanufacture Notices) before the law's enactment effectively have the 90-day review period reset.
The new law does not affect the states authority to address local environmental concerns related to air, water, waste treatment and disposal. States have the option to pair up with the Federal government for enforcement. State action on a chemical is only superseded if the EPA has acted – either by finding a chemical safe, or placing a chemical on an identifiable risk list.