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Herb Estreicher and JC Walker Quoted in Chemical Watch Article on California Perc Restrictions for Dry Cleaning

Keller and Heckman Partners Herb Estreicher and Jean-Cyril (JC) Walker were quoted in the Chemical Watch article, “California Perc restrictions for dry cleaning start in January.” The article discusses an upcoming California restriction established by a 2007 California Air Resources Board (CARB) rule: California businesses must phase out perchloroethylene (Perc) from dry cleaning operations by January 1, 2023. At the same time, the U.S. Environmental Protection Agency (EPA) is developing a Toxic Substances Control Act (TSCA) risk management rule for Perc. According to Herb and JC, California’s airborne toxic control measure (ATCM) on Perc is not bound by TSCA because the measure was authorized under another federal statute, the Clean Air Act (CAA), before TSCA was amended in 2016. Restrictions in Maine and New York could withstand TSCA preemption for the same reason, they pointed out. New York’s requirements in particular concern “matters outside the scope of what EPA has looked at” in its risk evaluation, said Herb and JC. However, they also said preemption could still come into play for Perc.

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