David Fischer Quoted in an Inside TSCA Article on TSCA Exemptions for PFAS

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “Industry Attorney ‘Anticipates’ EPA Will Revoke TSCA Exemptions For PFAS.” The article refers to Keller and Heckman’s recent Navigating TSCA: Basics and Beyond seminar, where David gave an update on the U.S. Environmental Protection Agency’s (EPA) regulation of per- or polyfluorinated substances (PFAS) under the Toxic Substances Control Act (TSCA). He noted that EPA “probably” intends to revoke previously granted TSCA exemptions from new-chemicals review for hundreds of PFAS intended to be produced or processed in low volumes.

“In addition to keeping new PFAS from taking advantage of the [low volume exemption] LVE or [low release and exposure exemption] LoREX exemptions, EPA … initially tried to work with the manufacturers to voluntarily revoke those LVEs,” mentioned David. “My understanding is some folks did agree to revoke those LVEs. But to those folks who did not, EPA will probably revoke those.”

David also told seminar attendees that when the new-chemicals office reviews applications for new PFAS, or new uses of a PFAS, “EPA is unlikely to determine that PFAS is not likely to present unreasonable risk which means there will be a [significant new use rule (SNUR)], a consent order, and lots of bells and whistles attached to your hopefully-approved PMN or” significant new use notification (SNUN).

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