Lauren Gates and Allison Payne Quoted in Inside TSCA Article on OMB Review of EPA TSCA Framework Rule

Keller and Heckman Counsel Lauren Gates and Associate Allison Payne were quoted in the Inside TSCA article, “OMB Begins Formal Review Of EPA’s Final TSCA ‘Framework’ Rule.” 

The article reports that the U.S. Environmental Protection Agency (EPA) has sent its final Toxic Substances Control Act (TSCA) risk evaluation framework rule to the Office of Management and Budget (OMB) for review, a move expected to roll back several Biden-era policies and align the program more closely with the Fifth Circuit’s recent East Fork Enterprises v. EPA decision. The court rejected EPA’s use of a “whole chemical” approach, criticized its treatment of worker PPE, and called for stronger scientific support in risk evaluations.

During Keller and Heckman’s November 2026 TSCA 30/30 webinar, Lauren said the key question is whether the East Fork ruling will affect pending TSCA evaluations, noting that the court found EPA was “unlawfully applying the whole chemical approach and should instead do a [use-by-use] evaluation.” She also said EPA “needs to do other things such as considering PPE” and rely on “more substantial evidence” rather than overly conservative assumptions. 

Allison highlighted the legal tension facing the agency: “The 5th Circuit found in the East Fork case that the whole chemical approach is unlawful under TSCA. At the same time, EPA has committed to the D.C. Circuit that it will continue to apply the whole chemical approach until the framework rule is finalized.” 

Allison added that those positions “are at odds,” creating further uncertainty about how EPA will finalize pending evaluations and meet its 2027 deadlines.

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