Herb Estreicher and David Fischer Quoted in Chemical Watch Article on TSCA 6(g) Requests

Keller and Heckman attorneys Herb Estreicher and David Fischer were quoted in the Chemical Watch article, “TSCA 6(g) requests set stage for tussles over risk management exemptions.” The article explains that Toxic Substances Control Act (TSCA) risk management proposals are on the horizon, and how the U.S. Environmental Protection Agency (EPA) will assess those requests remains an open question. EPA must also consider that exemption decisions are subject to judicial review. "EPA will need to be careful in setting forth criteria by which it either approves or disapproves a 6(g) exemption request to avoid an arbitrary or capricious misstep," said David. David also pointed out that “stakeholders should generally not wait until a 6(a) rule is proposed, because at that point much time and energy has been spent crafting a rule, and EPA will be reluctant to modify it.” Herb added that exemption requesters “would be well served” to engage their customers, the Department of Defense (DoD), and other stakeholders. “For some essential uses it may even be possible to secure the support of NGOs, although I suspect that support will come from those quarters only in very special cases,” Herb commented.

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