David Fischer Quoted in Inside TSCA Article on TSCA New-Chemicals Proposal

Keller and Heckman Counsel David Fischer was quoted in the Inside TSCA article, “TSCA New-Chemicals Proposal Seen As ‘Housekeeping’ Despite Reform Calls.” The article discusses the Environmental Protection Agency’s (EPA) proposal to update the “framework” for TSCA new-chemicals reviews, which some say appears narrower than expected. “We were aware this rule needed to be written. When I was there, we were hoping to make it more substantive than what this current [proposal] conveys. We knew we needed to update [the new chemicals rule] to reflect” the 2016 TSCA reform law, David said. 

“That’s very much what this current rule does and that’s fine. It’s more of a housekeeping rule. It updates to reflect [TSCA reform], ensures how the PMN form is implemented is reflected in the regulation...and throws in a table on various uses and asks submitters to check off what type of consumer uses” an application covers, David continued. 
EPA’s proposal will tighten restrictions on certain exemptions and bolster data requirements for new submissions, as well as attempt to align the current framework for PMN reviews with the 2016 reforms. David argues that while the proposed changes to the new chemicals pre-market review are necessary, they are not sufficient to address industry’s main concerns with the program. “It won’t make a substantive change. In terms of a real impact to move the program significantly to a timeframe that submitters are anticipating...This rule does some helpful things but doesn’t go far enough,” David said. “If it’s just housekeeping, this is a missed opportunity. These rules aren’t changed often. This is the first update...in maybe 40 years.” If EPA takes that route, it “may lead to more pressure to amend TSCA again; if you can’t deal with some of these issues through rulemaking, maybe we need to tweak the statute again.”

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