Herb Estreicher and David Fischer Quoted in Chemical Watch Article on Stringent Proposed TSCA Methylene Chloride Rule

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted in the Chemical Watch article, “Proposed TSCA methylene chloride rule draws concerns over US competitiveness.” Given that the proposed Toxic Substances Control Act (TSCA) section 6(a) risk management rule for methylene chloride would establish a stringent existing chemical exposure limit (ECEL) that is significantly lower than EU equivalents, there is concern over the global competitiveness of U.S. industry.

“For methylene chloride,” said Herb and David, “the ECEL is only an order of magnitude lower than the current PEL. This is not the case for other solvents, such as trichloroethylene (TCE). This may prompt industry to take a hard look at the scientific bases for the ECELs, and perhaps file suit against the EPA in an attempt to prompt a higher ECEL.”

However, according to Herb, there is little danger that the United States is on its way to becoming the strictest workplace regulator among industrial countries. He expects progress on TSCA rules to remain slow, while Europe will catch up. “I would suspect that when the ECHA turns to it, the OEL for methylene chloride will be at least as stringent as the EPA ECEL,” said Herb.

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