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Erik Baptist Discusses Importance of Meeting EPA’s Chemical Deadlines During Pandemic

Bloomberg Environment
April 22, 2020

Erik C. Baptist, a partner in Wiley’s Environment & Product Regulation Practice, was quoted in a Bloomberg Environment article about the importance of meeting the U.S. Environmental Protection Agency’s (EPA) chemical risk evaluation deadlines, which are unlikely to change during the COVID-19 pandemic.

The EPA is required to evaluate many widely used chemicals for health and safety risks under the 2016 amendments to the Toxic Substances Control Act (TSCA). Companies should not expect the EPA to extend comment periods for deadlines that could influence their future use of any of those chemicals, Mr. Baptist told Bloomberg Environment.

Mr. Baptist said companies – including those that use the chemicals to make goods such as cars, smartphones, and computers – should plan to meet all current deadlines for submitting comments on the EPA’s draft chemical risk evaluation scopes. He said perspectives from companies are important because the agency ultimately could decide to restrict an individual manufacturer’s use of a chemical, even though the chemical itself can continue to be produced for other applications.

He also noted that the EPA will be issuing more than a dozen additional policy decisions or regulations in the coming months. Companies or trade associations also may want to participate in court cases that are expected to arise as the agency issues its final TSCA risk evaluations, Mr. Baptist said.

The article also cited a recent alert, co-authored by Mr. Baptist and Wiley partner Martha E. Marrapese, that expands on the importance of engaging with and informing the EPA as it continues on course to meet its obligations under TSCA.

To read the Bloomberg Environment article, click here (subscription required). To read the Wiley alert cited in the article, click here.

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