Mark Duvall Quoted in Bloomberg Law on EPA’s Upcoming Chemical Risk Management Rules

Bloomberg Law

Principal Mark Duvall (Washington, DC) spoke with Bloomberg Law about how the U.S. Environmental Protection Agency's (EPA) upcoming chemical risk management rules may differ from those issued during the Biden administration.

The article, "Fewer Chemical Bans Foreseen in EPA’s Coming Risk Control Rules,” examines several risk management rules EPA is developing under the Toxic Substances Control Act (TSCA) for chemicals such as solvents, flame retardants, and pigments. Many of the underlying risk evaluations identified risks to workers, consumers, and other potentially exposed populations, but EPA's approach to addressing those risks may change.

Mark told Bloomberg Law that EPA may place greater emphasis on engineering controls and personal protective equipment (PPE) when addressing workplace exposures. He also noted that EPA may give companies more time to implement workplace protections than prior regulations allowed.

Mark explained that consumers generally experience lower exposures to regulated chemicals than workers, which could influence the types of restrictions EPA ultimately adopts. He added that EPA may impose fewer restrictions to protect the general population or the environment than some stakeholders anticipated.

The article also discusses EPA's interest in obtaining additional information about workplace exposures and existing controls. Mark noted that while EPA generally has substantial information about chemical hazards, it continues to seek more data on how workers are exposed to chemicals in practice, including industrial hygiene monitoring results, engineering controls, and PPE use.

Beveridge & Diamond's Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice based on frequently changing chemical regulations. For assistance in commenting on any of EPA’s chemical rulemakings, please contact Mark or another member of B&D’s chemicals practices.