EPA Readies TSCA 5(e) Orders But Says They Will Be Used 'Conservatively'

摘要

A senior EPA toxics official says the agency is preparing to issue in the next month a series of unilateral orders against some submitters of new chemical use notifications, though the official says the moves will be done carefully to target unresponsive companies in a way that is being supported by industry. "We want to be careful that we're applying it as conservatively as possible," Lynn Dekleva, EPA's associate deputy assistant administrator for new chemicals, said during a May 13 webinar hosted by the American Chemistry Council on the Toxic Substances Control Act's section 5 new chemicals program. Dekleva said the agency will be "moving to issue the first in a series of unilateral orders in the next month or so." She said the orders will be "intended for unresponsive submitters" with whom "multiple engagement has been unsuccessful" and where there is a potential risk the submitter "is refusing to address." The action appears to mark a change from past practice as the agency says it usually issues such orders under consent with the receiving party.