EAB To Review Statute Of Limitations Questions In TSCA Reporting Case

The Environmental Appeals Board (EAB) is signaling, in a landmark case challenging the reach of EPA's Toxic Substances Control Act (TSCA) reporting rules, that it is focusing on claims an EPA enforcement action was time-barred, potentially teeing up a first-time appellate review of how a general five-year statute of limitations applies in enforcement of TSCA reporting violations. In advance of an Oct. 30 hearing on Elementis Chromium Inc.'s appeal of EPA's $2.5 million penalty for reporting violations, EAB says the...