B&C Memorandum Quoted In Inside EPA Article, “Chemical Sector Sees Early Concerns With EPA TSCA New Chemicals Plan”

On June 29, 2016, Inside EPA quoted the Bergeson & Campbell P.C. (B&C^®) memorandum, “TSCA Reform:  An Analysis of Key Provisions and Fundamental Shifts in the Amended TSCA,” analyzing the new TSCA law.

The law firm Bergeson & Campbell in a June 22 analysis of the new law says that the amended section 26(p) of TSCA “arguably afford EPA broad discretion to establish procedures for disposing of any Section 5 cases that are pending before EPA (including those under voluntary suspensions) at the time of enactment.”

The firm says the language in Section 26 is somewhat ambiguous as the revisions also establish a new process for risk evaluations under TSCA Section 6, which covers risk management rules for existing chemicals.

However, the language can be “reasonably construed” to include those risk evaluations that EPA currently prepares in response to notices under Section 5, the analysis says. “Although this provision does not include any reference to the orders that are one potential outcome of Section 5 notices under the current system, it otherwise appears to afford EPA the discretion to close out pending and suspended cases using the current procedures for up to two years after enactment . . .,” according to the firm, though it does not require EPA to close out those cases.