Tom Berger, Herb Estreicher, and David Fischer Quoted in Chemical Watch Article on Key Developments for TSCA in 2023

Keller and Heckman attorneys Tom Berger, Herb Estreicher, and David Fischer were quoted in the Chemical Watch article, “What should we expect from TSCA in 2023?” The article outlines a few major developments expected under the Toxic Substances Control Act (TSCA) this year, including proposed rules to address ‘unreasonable risks’ for high-profile substances. Herb stated that it remains uncertain how the ‘whole chemical’ approach will affect risk management. “What we’re concerned about is the agency banning most uses,” Herb noted. Additionally, David said the methylene chloride proposal will give a gauge of what risk management could look like under the amended TSCA. The “real test” will be how the U.S. Environmental Protection Agency (EPA) treats that substance, he said, “because that's how they'll deal with all the other solvents.”

Another key development under TSCA includes the EPA planning to propose significant new use rules (Snurs) in the coming months to address conditions of use (COUs) it is not evaluating. According to David, applying Snurs to uses that fall outside the ‘scope’ of a risk evaluation is an initiative that’s “been percolating for years” to ensure that no uses of risky chemicals slip through the cracks.

Finally, regarding the agency’s efforts on new chemicals, Tom said, “I am cautiously optimistic that the log jam will be reduced, particularly for chemicals that are critical to U.S. infrastructure and central to Biden administration priorities.”

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