Erik Baptist Comments on EPA’s Revisions to Its Model for TSCA Consent Orders
Erik C. Baptist, a partner in Wiley’s Environment & Product Regulation Practice, was quoted by Inside EPA’s Inside TSCA about revisions the U.S. Environmental Protection Agency (EPA) recently made to its model for developing consent orders under Section 5 of the Toxic Substances Control Act (TSCA).
According to the article, the revised document offers a checklist approach to reviewing the proposed use of new chemicals and reflects a permit, or license, for bringing products to market, rather than an enforcement document.
“The revisions are not an attempt to change the substance, but rather an endeavor to make consent orders both more user-friendly and understandable to the general public,” said Mr. Baptist – who, prior to joining Wiley, helped draft the model order while serving as Deputy Assistant Administrator for Law and Policy in the EPA’s Office of Chemical Safety and Pollution Prevention. Mr. Baptist also served as Senior Deputy General Counsel in the EPA’s Office of General Counsel.
“The check-the-box style of the document reflects an intent to make consent orders more streamlined and much shorter so that submitters can easily ascertain what requirements and restrictions are associated with their new chemical substance,” Mr. Baptist said.
He added that the revised order reflects conversations that occurred within the EPA during his time at the agency, regarding how best to streamline the process and make it easier for companies to gain approvals for new chemicals.
“The document is a remarkable improvement over the last version in terms of its clarity and simplicity,” Mr. Baptist said.
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