Alternative Energy and Emerging Technologies
California's Rigid Plastic Packaging Container Law
Emergency Planning and Community Right to Know Act
Hazardous & Solid Waste / RCRA
Hazardous Materials Transportation
Military Bases and Communities
National Environmental Policy Act (NEPA)
Occupational Safety and Health (OSHA)
Toxic Substances Control Act (TSCA)
Water Supply Permitting/Water Rights
Intellectual Property and Technology
TOXIC SUBSTANCES CONTROL ACT (TSCA): DESCRIPTION
The TSCA team of McKenna Long & Aldridge includes many of the country's leading TSCA practitioners. Nine lawyers in our Washington, San Francisco and Los Angeles offices practice regularly in the field, with scientific and consulting support from Technology Sciences Group, Inc., a subsidiary of the firm.
Our TSCA Team counsels and represents basic producers of industrial chemicals and manufacturers and formulators of specialty chemical products for industrial and consumer use. We also advise and represent companies in the electronics, aerospace, automotive and other industries that use chemical products in their manufacturing processes.
Our clients include many of the largest Fortune 500 companies, as well as small companies. Some of the more significant aspects of our TSCA practice are described briefly below.
Compliance Counseling
MLA advises a wide array of companies in their compliance with TSCA. We assist companies to comply with TSCA in the manufacturing, processing, importing and exporting of chemical products. We provide prompt and authoritative advice on such issues as the status of chemical on the TSCA Inventory, Premanufacture Notification (PMN), compliance with Significant New Use Rules (SNURs), testing requirements, import certification and export notification, as well as many other TSCA health and safety recordkeeping and reporting requirements.
Designing TSCA Compliance Systems
We have developed TSCA compliance systems for companies in many industries including clients who manufacture industrial and specialty chemicals, aerospace and aircraft equipment, electronic and avionic components, computers and printers and test and measurement equipment. Our compliance manuals and standard operating procedures are used by clients in all of these industries.
Defense of Civil Enforcement Proceedings
The United States Environmental Protection Agency (EPA) enforces TSCA aggressively in administrative proceedings before administrative law judges. McKenna's TSCA practice group has defended many of the largest civil penalty actions in EPA history, including actions brought by the EPA Headquarters Office, as well as cases brought by EPA Regions I, II, III, IV, V, VII and IX.
Defense of Criminal Actions
On rare occasions, the United States Department of Justice has prosecuted violations of TSCA in criminal proceedings. We have defended corporate clients and individuals accused of criminal violations of TSCA.
Auditing for Compliance
Our lawyers and technical consultants conduct confidential audits to help our clients assess their compliance with TSCA (and other environmental laws).
Self-Disclosure of TSCA Violations
We have assisted numerous clients to "self-disclose" violations of TSCA to EPA pursuant to the EPA Audit Policy, formally known as "Incentives for Self-Policing: Disclosure, Correction and Prevention of Violations." Where clients satisfy all of the criteria for self-disclosure under the Audit Policy, all civil penalties under TSCA are waived, and we have assisted clients in obtaining millions of dollars of waivers of such penalties.
Training
Our lawyers and technical consultants give training seminars for the public on a regular basis. Many of our clients retain the firm to provide training seminars to their compliance personnel in the their own facilities, making the best use of company travel and training budgets and ensuring privacy. We also have provided electronic "web" training on client Intranet and internal telephone lines and helped clients to develop their own TSCA Intranet Web sites, to facilitate compliance by company personnel.
Preparing for TSCA Inspections
Our lawyers have assisted many clients to prepare for EPA inspections, reviewing records and assisting company personnel to respond to EPA inquiries.
Technical Consulting
Our consulting subsidiary, Technology Sciences Group, Inc., provides scientific, technical and regulatory consulting services in all aspects of TSCA. Consultants from TSG assist clients to prepare pre-manufacture notifications, confirm the use of proper TSCA nomenclature for chemical substances, prepare Inventory Update Reports and review records, reports and submissions to EPA concerning compliance with TSCA. If your company needs assistance of this nature, please contact Dr. Richard Jourdenais, at rjourdenais@tsgusa.com .
Publications
The TSCA Handbook , now in its fourth edition, is the accepted industry reference on TSCA. You may obtain a copy from the publisher, Government Institutes, or directly from McKenna Long & Aldridge. For more information on receiving a copy of The TSCA Handbook, please contact information@mckennalong.com.
In addition, our TSCA Advisory series informs clients and friends of the firm about current TSCA developments. If you would like to receive these bulletins, please send a request by e-mail to our Environmental Specialist, Nina MacLeay, at nmacleay@mckennalong.com .