Keller and Heckman Attorneys quoted in Inside TSCA article on EPA Facing Warnings for Whole-Chemical Approach Under TSCA
Keller and Heckman Partners Herb Estreicher and Eric Gotting and Counsel David Fischer were quoted in the Inside TSCA article, “EPA’s ‘Whole Chemical’ TSCA Approach Faces Mounting Legal Warnings.” The article discusses the controversy regarding the U.S. Environmental Protection Agency’s (EPA) whole-chemical approach under the Biden Administration when reviewing substances under the Toxic Substances Control Act (TSCA). The backlash is centered around the whole-chemical approach which has replaced use-by-use risk determinations established by a 2016 framework rule. During Keller and Heckman’s January 12 webinar, David said, “If the whole-chemical risk determination approach continues to move the way this administration would like, the orders are gone, preemption based on those orders is also gone and risk management will only be for unreasonable risk as it applies to the whole chemical.” Herb expanded on David’s statement, saying that the lack of preemption would lead to a decline in companies requesting evaluations under TSCA. When discussing the Administration’s recent changes under TSCA, Eric said, “TSCA itself requires the risk evaluation process to be established through notice-and-comment rulemaking and the Administrative Procedure Act [APA] requires that any time a regulation is changed, the agency has to go through another round of notice and comment.”
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