Herb Estreicher and David Fischer Quoted in Inside TSCA Article on EPA’s Push for TSCA Prioritization Reporting

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted in the Inside TSCA article, “Industry Attorneys Doubt EPA’s Push For TSCA Prioritization Reporting.” The article refers to Keller and Heckman’s January 17, 2024, TSCA 30/30 webinar, where Herb and David questioned the U.S. Environmental Protection Agency’s (EPA) use of the long-neglected Toxic Substances Control Act’s (TSCA) section 8(c). 

David commented that data collected under section 8(c) is “definitely anecdotal… Does that meet the rigor of what would be considered best available science? I don’t think so.”

Recently, EPA has appeared to try and make section 8(c) a more significant part of the TSCA prioritization process. “Maybe 8(c) is going to take on greater importance in EPA’s mind,” stated Herb.

Herb also warned listeners that EPA’s use of the section 8(c) power could trigger enforcement action. “EPA is calling in data in your file on MBOCA if you have it,” he said. “Now, EPA knows, at least who the major manufacturer and processors of chemicals are, because they report” under both the TSCA Chemical Data Reporting (CDR) program and the Toxics Release Inventory (TRI). “If your company reported MBOCA through the CDR or TRI, and you have no 8(c) allegations to turn in, you might get scrutiny from EPA. Hard to tell,” he concluded.

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