David Fischer Quoted in Inside TSCA Article on Proposed Revisions to the Biden-era TSCA PFAS Reporting Rule

Keller and Heckman Partner David Fischer was quoted in the Inside TSCA article, “EPA Bid To Ease PFAS Reporting Rule Spurs Debate Over TSCA Amendment.” The article discusses the U.S. Environmental Protection Agency’s (EPA) proposed revisions to the Biden-era Toxic Substances Control Act (TSCA) reporting rule for PFAS uses, and how they are driving debate over the best reading of the statutory language in TSCA section 8(a)(7).

The TSCA PFAS Reporting Rule Coalition supports EPA’s proposed revisions. In a December 23rd comment letter, the Coalition wrote, “In the Proposed Rule, EPA has revisited its initial interpretation of section 8(a)(7) and now correctly concludes that Congress did not constrain EPA’s ability to include reporting exemptions and other means to significantly reduce the PFAS reporting burden.”

EPA is also proposing to give manufacturers less time to submit information to the agency. David, one of the authors behind the coalition’s comment letter, previously told Inside TSCA that he did not anticipate seeing significant pushback to the agency shortening the data submission period given the multiple delays to the reporting period – but the coalition opposes the three-month period.

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