With attempts to reauthorize the Toxic Substances Control Act (TSCA), implementation of Chemical Facility Anti-Terrorism Standards and the introduction of the European REACH program into the United States, chemical regulatory issues will continue to be front and center. These issues not only impact chemical producers, manufacturers and importers but also all major users of manufactured chemical products.
Our nation's chemical statutes date back to the 1970s. Congress and the administration have both made commitments to strengthen or replace the existing statutes. Over the last decade, there has been an increased interest in the security of the country's chemical facilities due to the potential terror threat. With the reliance of the American people on chemical products and the importance of chemical manufacturers to our economy, any changes to the chemical regulatory programs must be delicately balanced.
With the recent natural gas finds and the resulting investments by the chemical industry in the U.S. for the first time in 30 years, the chemical regulatory issues are being re-examined and reapplied. Therefore, the U.S. Environmental Protection Agency (EPA) is moving forward on a number of regulatory fronts such as modernizing TSCA, as well as updating the Integrated Risk Information System (IRIS). As a result, the various stakeholders, including industry and environmental organizations, are active.
FaegreBD Consulting's professionals aid the chemical industry, its stakeholders and value-chain participants to ensure that new statutes and regulations balance the needs of cost-effectiveness without causing a disruption of products to the American consumer. We aid companies in securing federal and Congressional recognition of improved refining processes and other advanced technologies. FaegreBD Consulting's energy and environment practice has extensive experience with chemical regulatory programs from our work with Congress and the Administration, including the Pollution Prevention and Toxics Office at EPA.
Recent examples of our experience include:
- Facilitating introductions between a cybersecurity company developing chemical facility security products and the Departments of Energy, Defense and Homeland Security, Federal Energy Regulatory Commission, and the Federal Bureau of Investigation
- Monitoring and developing a policy position report for TSCA reform hearings
- Drafting language and advocating for changes to ensure that recycling of older refrigerants garnered credit, creating an additional financial incentive for our client and other companies to help remove older ozone-depleting refrigerants from existing products
- Representing a chemical company with a business strategy to start a new manufacturing process in the U.S. by drafting and securing the introduction of bipartisan legislation