EPA Provides Report to Congress on Its Capacity to Implement Certain Provisions of the Lautenberg Act – Update from Bergeson & Campbell, P.C.

The U.S. Environmental Protection Agency (EPA) has provided a report to Congress on its capacity to implement certain provisions of the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act). The report provides point-in-time estimates of EPA’s current estimated capacity and resources needed to implement the 2016 Lautenberg Act amendments to the Toxic Substances Control Act (TSCA). TSCA Section 26(m) requires EPA to submit an initial report to Congress within six months of enactment of the Lautenberg Act and requires EPA to submit updated reports every five years. The report includes estimations of EPA’s capacity to conduct and publish EPA-initiated risk evaluations and manufacturer-requested risk evaluations; the resources necessary to conduct the minimum number of required EPA-initiated risk evaluations; the likely demand for manufacturer-requested risk evaluations and the anticipated schedule for accommodating that demand; EPA’s capacity to promulgate TSCA Section 6(a) risk management rules as required to address unreasonable risks identified in risk evaluations conducted and published under TSCA Section 6(b); and EPA’s actual and anticipated efforts to increase capacity to conduct and publish risk evaluations under TSCA Section 6(b). For more information on the report and our Commentary, please read the full memorandum.

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