David Fischer Quoted in Inside TSCA Article on Complications with Methylene Chloride Rule

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Industry Sees ‘Massive’ Cost, Compliance Hurdles In Methylene Chloride Rule.” The article discusses the U.S. Environmental Protection Agency’s (EPA) proposed Toxic Substances Control Act (TSCA) methylene chloride rule, and how its implementation could result in massive complications because there are no substitutes for the toxic solvent, and others have no way to separate uses subject to the new requirements from exempt ones. EPA held a webinar earlier this month on the draft rule, and many expressed their concerns about the “catastrophic” impacts this rule could have. “I was really quite struck by the impact of this proposed rule on industry,” said David. “We heard folks from the refinishing industry, these mom-and-pop companies, saying, ‘We’re going to be laying off people, there’s no substitutes.’ And EPA is saying there is -- there are clear disconnects there.”

David also added that the potential complications in implementing the rule are reminiscent of EPA’s Trump-era management rules for “persistent, bioaccumulative and toxic” (PBT) chemicals, which have faced repeated last-minute calls from industry for deadline extensions because they could not transition away from PBT flame retardants in time to comply with a ban.

To read the full article, please click here (subscription required).