Toxic Substances Control Act
The TSCA team of McKenna Long & Aldridge (MLA) includes many of the country's leading TSCA practitioners. MLA’s 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. Our TSCA legal and technical capabilities include:
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 U.S. Environmental Protection Agency (EPA) enforces TSCA aggressively in administrative proceedings before administrative law judges. MLA'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 U.S. 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 attorneys 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 attorneys 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 develop their own TSCA intranet web sites, to facilitate compliance by company personnel.
Preparing for TSCA Inspections
MLA attorneys have assisted many clients to prepare for EPA inspections, reviewing records and assisting company personnel to respond to EPA inquiries.
Technical Capabilities
Technology Sciences Group Inc. (TSG), our wholly owned subsidiary, 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.
TSCA Handbook, 4th Edition
MLA and TSG are pleased to produce the TSCA Handbook. This is a must-have for any practitioners who need to understand this complex Act. The fourth edition is available for purchase, please click here for more information.
Representative Engagements
- Operated as outside counsel for the Consumer Specialty Products Association (CSPA) on this crucial area of compliance for its members.
- Defended the respondent in the largest administrative enforcement action ever brought by the EPA under any statute. EPA had alleged that respondent unlawfully failed to submit information as required under the TSCA.
- Represented and counseled various manufacturers and distributors of chemical products as pertains to TSCA, including DuPont, SC Johnson & Sons, Northrop-Grumman, Hewlett-Packard, and Toyota.
- Defended many of the most significant TSCA enforcement actions brought by the EPA, representing such clients as Union Carbide Company (alleged TSCA § 8(e) reporting violation); American Telephone & Telegraph (alleged TSCA § 5 pre-manufacture notification violations); Hewlett-Packard Company (alleged TSCA § 5 pre-manufacture notification violations); E.I. DuPont de NeMours & Company (alleged TSCA § 8(e) reporting violation); and BP Chemicals/Hitco (alleged TSCA § 5 violations in manufacture of chemical products vital to national defense).
- Developed TSCA compliance programs for over 20 Fortune 500 companies.
- Conducted audits for TSCA compliance and self-disclosed potential violations without penalty under provisions of the EPA Audit Policy.
- Played a key role in a possible TSCA section 6 rule making on MTBE.