Herb Estreicher and David Fischer Quoted in Packaging Dive Article on EPA’s Prioritization Process

Keller and Heckman Partner Herb Estreicher and Counsel David Fischer were quoted in a Packaging Dive article posted this week. The article discusses the U.S. Environmental Protection Agency (EPA) moving forward with its prioritization process to evaluate existing chemicals under TSCA.

This administration is considering each chemical as a whole, rather than evaluating the different uses of a certain chemical, according to Herb and David. They added that this approach to regulation is facing some legal challenges.

Almost all chemicals that are deemed high priority will be determined to present unreasonable risk, which EPA will then need to address through risk-management rulemaking, explained David. The risk management process itself could take several years. While EPA would make one unreasonable risk determination for an entire chemical, the risk management rule would regulate on a condition of use basis, said David.

Herb encouraged industry to interact with EPA “frequently and provide good, hard information,” as experience shows that EPA can be receptive to industry input and that input can improve the regulatory outcome.