David Fischer Quoted in Inside TSCA Article on Industry Challenges to TSCA Rules

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Industry Challenges To TSCA Rules Foreshadows Trump EPA Agenda.” The article discusses a host of industry legal challenges to the Biden Environmental Protection Agency’s (EPA) recently finalized Toxic Substances Control Act (TSCA) regulations.

Referring to the final TSCA risk evaluation of formaldehyde, David said, “There’s a lot in the risk evaluation that was not addressed when it was issued as final. It still reflects the whole chemical approach, still reflects overly conservative exposure assumptions, still reflects the notion that the failure to assume or take into account that occupational exposures are governed by OSHA standards.”

David noted that the incoming Trump administration is likely to scrutinize the agency’s approach closely, pointing out that the Biden EPA’s interpretation of TSCA tends to equate any level of risk with unreasonable risk, leading to “overly conservating assumptions” and “excessive regulatory actions.”

If the agency combines both overly conservative hazard assessment and overly conservative exposure assessments, “then it’s inevitable that you’re going to deem most of the conditions of use as contributing to unreasonable risks,” explained David. “Fundamentally, the new EPA has to really grapple with that concept, that notion, that standard unreasonable risk. I think it really needs to take a look at what that is and what it isn’t.”

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