This week, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group (Acta®), our consulting affiliate, returned to the studio to discuss a recently filed lawsuit challenging the U.S. Environmental Protection Agency’s (EPA) issuance of a Consent Order under Section 5(e) of the Toxic Substances Control Act (TSCA). Judicial challenges to TSCA Section 5(e) orders are rare, and this one is even more unusual because the petitioner is a non-governmental organization (NGO) and the challenge was filed well beyond the statutory time period for judicial challenge, according to some. We discuss TSCA Section 5(e) orders, the process for challenging them, and some of the underlying issues at play here, including the concept of “chemical categories” under Section 5, concerns with EPA’s new chemical review process, and EPA’s assessment and communication of risk in the new chemicals it reviews under Section 5.
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