Erik Baptist Discusses EPA’s Denial of TSCA Petition for Phosphogypsum Testing
Erik C. Baptist, partner in Wiley’s Environment & Product Regulation Practice, was quoted by Chemical Watch in a May 24 article about the U.S. Environmental Protection Agency’s (EPA) denial of a request by several nongovernmental organizations (NGOs) for a Toxic Substances Control Act (TSCA) test rule on disposed phosphogypsum.
The NGOs submitted a TSCA Section 21 petition asking EPA to issue a TSCA Section 4 testing rule for phosphogypsum and process wastewater from phosphoric acid production among other demands, according to the article.
The Agency’s denial of the request “demonstrates that EPA will continue to stay the course when it comes to reviewing and deciding” TSCA citizens’ petitions, Mr. Baptist said.
“It is important to keep any petition limited in scope, within the authority of Section 21 and reasonable in its request,” he added. “EPA may be more likely to grant a petition that is targeted, necessary, and reasonable given the limited resources of the Agency.”
Mr. Baptist noted that while the Agency “correctly denied” the petitioners’ request, the outcome “has nothing to do with whether EPA believes the chemical itself presents any unreasonable risk.”
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