David Fischer Quoted in Inside TSCA Article on TSCA ‘Critical Use’ Waivers

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Key Official Urges Industry To Quickly Seek TSCA ‘Critical Use’ Waivers.” As the U.S. Environmental Protection Agency (EPA) seeks to advance more risk-management rules, industry representatives can submit requests to exempt “critical uses” from upcoming Toxic Substances Control Act (TSCA) requirements governing existing chemicals. However, EPA has not developed any guidance on when or how such requests should be submitted to the agency. “The agency has never done that before, they have no guidance or rulemaking, it’ll just be how they think about it,” said David.

“It will be interesting to see if folks did file those [exemption requests] or are going to,” continued David. “They didn’t necessarily need to do something right now [but it would] make sense to do it during rule writing. I think theoretically they could do that as part of their comments on the proposal. EPA would want to make that change it [sic] the final rule. They don’t want to write more than one rule.”

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