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David Fischer Quoted in Inside TSCA Article on the TSCA evaluation of 1,4-Dioxane

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Industry Seen Awaiting EPA 1,4-Dioxane Process to Claim TSCA Preemption.” The article discusses how trade groups that sought a broad TSCA evaluation of 1,4-dioxane that could preempt state regulation of the solvent are holding off on invoking the federal law even as New York and California advance such policies – a situation that attorneys say could be due to uncertainty over the evaluation’s fate since the Biden administration is reconsidering it.

The New York Department of Environmental Conservation and California’s Department of Toxic Substances Control (DTSC) recently unveiled for public comment jointly developed draft “method performance criteria.” When finalized, the criteria are set to be incorporated into any regulations that DTSC pursues related to 1,4-dioxane. 

“I’m not sure why folks are not moving on this,” said David. “You could move now on preemption. It’s having an effect right now; [you] don’t have to wait for the final rule.”

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