Guide to the Toxic Substances Control Act

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The Toxic Substances Control Act (TSCA), enacted in 1976, provided the U.S. Environmental Protection Agency (EPA) with the first grant of broad authority to gather information on chemical hazards to assess risks across previously unregulated activities and industries and to use that information to regulate the manufacture, import, processing, use, distribution in commerce, and disposal of chemical substances other than foods, drugs, cosmetics, and pesticides. TSCA cuts across all business activities, from research through end of product life, and has a far broader scope than the media-specific environmental statutes passed in the same decade.

TSCA was overhauled in 2016 when the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg) was signed into law, changing the basic approach of the law, including the premanufacture notification procedure, treatment of confidential business information, preemption of state laws, and the safety standard by which chemicals are evaluated. EPA is still in the process of issuing new rules and guidance documents to meet its obligations under Lautenberg.
Guide to the Toxic Substances Control Act (formerly known as The Toxic Substances Control Act: Reformed by the Lautenberg Act) is written for lawyers, regulatory affairs specialists, and commercial and business people who need to understand the details of the law and implement both old and new regulations. The 2025 edition is the second under the editorial direction of the TSCA team at Bergeson & Campbell, P.C., the premier law firm focusing on chemical law, regulation, science, and policy. The Guide is authored by the highly acclaimed professionals of B&C’s TSCA team, who collectively deliver over seven decades of experience in this nuanced and ever-expanding federal law. This edition captures the many consequential changes in TSCA law and policy occasioned by legal challenges to EPA’s interpretation of TSCA and a new Administration that is approaching TSCA implementation differently than the prior Administration, including revisiting legal positions EPA espoused under the prior Administration. How these shifts play out is the subject of considerable controversy. This edition discusses these developments in detail.
Given the shifting cross currents of legal challenges, policy shifts, and new leadership at EPA, navigating TSCA requires diligence and an abiding commitment to stay on top of developments. The Guide to the Toxic Substances Control Act helps our readers stay current and inform their judgment. The B&C team understands the challenges presented by evolving regulatory frameworks, emerging science, and the role the courts are playing, and faithfully reflects in our writings the diverse views chemical stakeholders maintain on TSCA’s interpretation. As diverse as these views are and as challenging as TSCA issues may be, they make for a great read!

The previous edition's ISBN is 9798341710887.

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