Herb Estreicher and James Votaw Quoted in Chemical Watch Article on TSCA SNURs for Flame Retardants

Keller and Heckman Partners Herb Estreicher and James Votaw were quoted in the Chemical Watch article, “US EPA proposes SNURs for flame retardants undergoing TSCA review.” The article discusses the U.S. Environmental Protection Agency’s (EPA) proposed set of Toxic Substances Control Act (TSCA) significant new use rules (SNURs) addressing three flame retardants. 

Herb commented that if there are critical ongoing uses of the three flame retardants that are not covered in the scope of their risk evaluations, “it is important that the companies involved raise their hands now.”

Failure to do so would make those uses subject to the SNUR, and a company could be “forced off the market for several years while their significant new use notice (SNUN) is reviewed and EPA issues a consent order,” said Herb. Ultimately, any resulting section 5(e) consent order “likely will regulate the use as if it was part of the section 6 rulemaking in the first place.”

James noted that the SNURs “should bring out of the woodwork any company harboring uses of a high-priority chemical not already expressly included in the scope of the risk evaluation.” He also added that “EPA would not be wise to finalize the SNUR until finalizing the risk management rule to be sure they align.”

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