Tom Berger and Herb Estreicher Quoted in Chemical Watch Article on Updates to TSCA Test Order Policies

Keller and Heckman Partners Tom Berger and Herb Estreicher were quoted in the Chemical Watch article, “US EPA changes TSCA test order policies for companies exiting market.” The article explains that the U.S. Environmental Protection Agency (EPA) abolished the “cease manufacture” response option for Toxic Substances Control Act (TSCA) section 4 test orders, meaning that companies are no longer allowed to cease manufacturing or importing a substance to avoid being subject to a test order. Tom notes that this policy gives the EPA discretion to exclude a company that has manufactured a substance in the past five years “based on case-specific facts,” but “in the absence of decisional criteria, the inclusion of one company and exclusion of another could be challenged as arbitrary and capricious." Herb also points out that section 8 reporting and section 4 requirements are different "in that prior manufacturers may have relevant data to report, whereas test orders would require companies to pay for testing for chemicals for which they no longer have any economic stake."

To read the full article, please click here (subscription required).