Attorneys See ‘Clear’ TSCA Authority Over Articles Despite Policy Doubts

Environmental and industry attorneys agree with EPA’s chemicals chief that TSCA grants the agency “clear” authority to regulate chemicals in articles but some are raising doubts on how broadly the agency can apply that power, arguing that rules for articles should be risk-based and take into account the reasons for the products’ long-standing exemption from oversight. “[J]ust because the agency can, doesn’t mean the agency should. [The Toxic Substances Control Act (TSCA)] is a risk-based statute and just because you...