EAB Signals Support For EPA Positions In Landmark TSCA Reporting Case

EPA Environmental Appeals Board (EAB) judges, in a case testing the reach of Toxic Substances Control Act (TSCA) reporting rules, are signaling support for EPA arguments that companies must submit information that backs already known risks, and that violations may continue until the information is submitted, allowing penalties to accrue. During Oct. 30 oral arguments in Elementis Chromium Inc.'s appeal of a landmark penalty for violating TSCA section 8(e) reporting requirements, EAB Judge Leslye Fraser told an industry attorney that...