Tom Berger, Greg Clark, and David Fischer Quoted in a Chemical Watch Article on Calls for TSCA Reform

Keller and Heckman Partners Tom Berger and Greg Clark and Counsel David Fischer were quoted in the Chemical Watch article, “TSCA concerns start to shift towards calls for reform.” The article refers to Keller and Heckman’s September 27, 2023, TSCA 30/30 webinar, where Tom, Greg, and David recommended a few different amendments to the Toxic Substances Control Act (TSCA), with a particular focus on the new chemicals program and the process for evaluating and managing the risk of existing chemicals.

“I think for many of us who work on TSCA issues day by day, we realize that what was envisioned [by Congress] has in fact not become a reality in many, many ways,” reflected David. “We think, inevitably, that the statute will need to be amended yet again, and we think that we need to start that conversation.”

Some other recommendations that Tom, Greg, and David discussed included:

• Amending TSCA section 5 to address concerns with the new chemicals program, including establishing a more “reasonable” and achievable review period than 90 days, changing the exemption process for lower-risk reviews, and incorporating comparative risk considerations for substitutes
• Removing the prioritization process under TSCA section 6 in favor of informal stakeholder outreach
• Clarifying the definition of ‘unreasonable risk’
• Expanding statutory exemptions from section 8 reporting requirements and directing the agency to develop a rule establishing an inventory corrections process
• And more!

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