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David Fischer Quoted in Inside TSCA Article on Ongoing Industry Confusion Over TSCA Rules

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Former Trump EPA Official Sees Ongoing Industry Confusion Over TSCA Rules.” The article explains that because there is no clear “fix” for reaching stakeholders, the pattern of organizations seeking last-minute extensions or exemptions from TSCA rules is likely to continue. “It’s a little bit of a challenge to figure out how to get folks the word in time,” said David. “One would think it would be easier now with social media and everything moving at the speed of light. We’re still not there, or the agency isn’t there, and I don’t know what necessarily the fix is.”

David specifically referred to the methylene chloride rule and said this rule could pose a test of how smoothly new TSCA regulations will reach the regulated community. Several sectors have already reached out about this rule, and David foresees more speaking up about their uses of methylene chloride once the rule is finalized. “I’m imagining you might see over time more people not only trying to get more time, but also alerting the agency to a lack of alternatives,” he said.

EPA’s lack of formal guidance further complicates the process, but David added that EPA is likely to defer to the industry on what their needs are and how easy it is to deploy alternatives. “My sense is EPA will try and be reasonable in terms of building in, you know, appropriate timeframes for risk management rules,” David commented.

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