2022: The Turbulent TSCA Year Ahead

We wish each and every one of The WELL’s readers a Happy New Year.  In the coming year, we aspire for a world that experiences significantly greater freedom, joy, and health.  Despite our optimism, we predict that 2022 will be a turbulent year for those affected by the Toxic Substances Control Act (TSCA).  One has to look no further than EPA’s Regulatory Agenda to expect a substantial amount of action from the Agency this year.  As the last year has taught everyone, TSCA is no longer only a chemical manufacturers’ law.  Indeed, the coming wave of TSCA regulations will significantly impact downstream users (e.g., manufacturers and importers of articles and mixtures).

On Tuesday, January 11, 2022, you can tune in to our webinar entitled, “The TSCA Forecast for 2022: Turning Up the Temperature.”  You may register for the webinar here.  Some of the upcoming developments we will discuss include:

  • The Proposed “Further Compliance Date Extension” for Phenol, Isopropylated Phosphate (3:1) (PIP 3:1);
  • The Tiered Data Reporting Rule that will inform TSCA prioritization, risk evaluation, and risk management actions;
  • A supplemental proposal to the Revisions to the TSCA Fees Rule;
  • Risk management proposals for many of the first 10 risk evaluations;
  • Revisions to EPA’s framework rule for risk evaluations;
  • A new framework rule for new chemical submissions; and
  • TSCA litigation.

This list is merely the tip of the iceberg for an ambitious but resource-constrained EPA.  For those companies and industries who will be impacted by these actions, it will be essential to stay informed and engaged on these TSCA issues in 2022. 

Be not afraid!  Wiley is here to help you plan accordingly.  Through our WELL posts, podcasts, webinars, and client alerts, you can stay up to date on key TSCA actions.  To be informed, please sign up here.  We look forward to engaging with you in 2022!



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