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Erik Baptist Discusses Conditions-of-Use Approach as EPA Seeks to Redo HBCD Evaluation

Inside EPA's Inside TSCA
June 7, 2021

Erik C. Baptist, partner in Wiley’s Environment & Product Regulation Practice, was quoted by Inside EPA’s Inside TSCA in a June 1 article about the U.S. Environmental Protection Agency’s (EPA) request for a federal appellate court to remand a risk evaluation of hexabromocyclododecane (HBCD) that was completed by the previous Administration under the Toxic Substances Control Act (TSCA).

The article cited the EPA’s May 28 declaration to the U.S. Court of Appeals for the Ninth Circuit that it will drop its past practice of making separate risk findings for each use of HBCD and will instead make a single “binary” risk finding. The new declaration supporting remand follows but does not fully replicate the EPA’s May 13 request that the Ninth Circuit remand without vacatur the previous Administration’s evaluation of methylene chloride, the article noted.

Mr. Baptist, who previously served as Deputy Assistant Administrator for Law and Policy at the EPA’s Office of Chemical Safety and Pollution Prevention, said the EPA’s approach to the evaluations and risk management would still have to be based on conditions of use. The changed approach would not fundamentally alter the final outcomes, he said.

“The wording may be such that it alarms most people,” Mr. Baptist said. “But EPA will still have to make risk management decisions for each condition of use. It can’t regulate uses that don’t present unreasonable risk.”

To read the article, click here (subscription required).

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