Keller and Heckman has extensive experience and expertise in chemical control matters arising under the Toxic Substances Control Act (TSCA) and a number of voluntary programs and international treaties. Several of our partners, many of whom have technical backgrounds and industry experience, have been involved with TSCA since its enactment some 40 years ago. Our preeminent in-house scientific staff includes a former senior staff member of EPA's Office of Toxic Substances. Our unique combination of strong scientific and legal skills enables us to creatively address and resolve the complex TSCA issues that our clients continually face.
We have extensive experience in conducting TSCA compliance reviews and developing in-house compliance monitoring programs for both large and small clients. Audits for some clients have been conducted in anticipation of mergers with or acquisitions by Fortune 500 companies. We are exceedingly proud of the fact that subsequent audits by the acquiring companies and by EPA during routine inspections have never found a TSCA compliance issue.
In conducting audits, we put a high priority on achieving compliance in a manner that minimizes both disruptions to existing markets and the potential for EPA enforcement. Under EPA's "Audit Policy," timely voluntary disclosures of TSCA violations to EPA are often in the client's best interest. If a disclosure would not be timely or the site is ineligible for relief from gravity-based penalties under the self-audit policy, we have developed a variety of strategies to minimize penalties and business disruptions. In addition to conducting audits, we have assisted clients in the design and development of automated programs to ensure that their reporting obligations under TSCA are satisfied.