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June 29, 2017

Charles Auer Quoted in Inside EPA Article “The Emerging Debate Over New TSCA Rules: ‘Achievable’ v. ‘Lawful’”

Bergeson & Campbell, P.C.

On June 29, 2017, Charles M. Auer, Senior Regulatory and Policy Advisor with Bergeson & Campbell, P.C. (B&C®), was quoted by Inside EPA in an article regarding Toxic Substance Control Act (TSCA) framework rules and how they should be implemented. His comments were made on June 27, 2017, during an Environmental Law Institute (ELI) conference celebrating the reformed law’s first anniversary.

[…] Former career EPA toxics chief Charles Auer, now with the law firm Bergeson & Campbell,  […] noted his own disappointment that EPA has yet to exercise its new TSCA authorities in section 4 to order toxicity tests of existing chemicals.

“To me, the central failing of the [original] law was in section 4,” which didn’t give EPA the authority to generate the information needed to conduct risk assessments, Auer said. “I’m very pleased that new TSCA made important changes to section 4 to issue orders. I think is remarkable.”

But he described his regret that in the year since the TSCA reform law’s passage EPA has not issued any section 4 testing orders, because “like it or not, testing takes time. In EPA’s defense, they were busy with a few other things. I am hopeful that in the not too distant future, well see that first action under section 4 and with increasing regulatory [action] thereafter.” [subscription required]