Tom Berger, Greg Clark, and David Fischer Quoted in an Inside TSCA Article on Conversation Around New TSCA Revisions

Keller and Heckman Partners Tom Berger and Greg Clark and Counsel David Fischer were quoted in the Inside TSCA article, “Industry Attorneys Seek To ‘Start Conversation’ On New TSCA Revisions.” The article refers to Keller and Heckman’s September 27, 2023, TSCA 30/30 webinar, where Tom, Greg, and David all spoke about sections or individual provisions of the Toxic Substances Control Act (TSCA) they think Congress should re-open and consider revising.

“Believe it or not, TSCA was amended over seven years ago,” pointed out David, “and I think it’s time we start to talk about whether what the TSCA folks envisioned has come to fruition. I think for many of us who work on TSCA issues day by day, what was envisioned has in fact not become reality in many, many ways.”

David focused his section of the webinar on the prioritization process for existing chemicals. "The prioritization process of TSCA section 6 is a fallacy,” he then wrote in a Keller and Heckman publication following the webinar. “Every substance picked for ‘prioritization’ will be designated in the end as a high-priority substance. Clearly, the prioritization process needs to be entirely revamped so that it truly is a means to prioritize chemicals for risk evaluation.”

Greg spoke about the section 5 new-chemicals program. “Before TSCA reform, approximately 80 percent of new chemicals were dropped from review,” explained Greg. “Now, nearly all [pre-manufacture notification notices (PMNs)] are subject to consent orders and” significant new use rules (SNURs). He also added that lawmakers should broaden TSCA’s preemption of state regulation.

Finally, Tom concluded the webinar by talking about how the U.S. Environmental Protection Agency (EPA) manages the inventory of chemicals in commerce. He argued that lawmakers should “require EPA to promulgate a rule that sets forth an inventory correction process,” calling it “an important thing for Congress to consider.”

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