TSCA Section 4 and Consortia Formation — A Conversation with Heather Blankinship and Richard Engler, Ph.D.

This week, I sat down with Heather J. Blankinship, Senior Manager with B&C Consortia Management, a Bergeson & Campbell affiliate, and Richard E. Engler, Ph.D., B&C’s Director of Chemistry, to discuss chemical testing under the Toxic Substances Control Act (TSCA).  Since Congress amended TSCA in 2016, EPA has been slowly ratcheting up required chemical testing under TSCA Section 4.  Congress gave EPA expanded testing authority under the 2016 Amendments, and EPA is exercising its new authority to compel chemical data production.  These test orders authorize EPA to demand the production of new test data by the manufacturers and sometimes processors of the chemical substances at issue.  Transactionally, this means competitors in the marketplace band together to generate the data EPA seeks.  We discuss the reality of quickly forming these consortia and the business and scientific challenges consortia managers face in complying with these federally enforceable test orders.  It is not as easy as you may think! ALL MATERIALS IN THIS PODCAST ARE PROVIDED SOLELY FOR INFORMATIONAL  AND ENTERTAINMENT PURPOSES. THE MATERIALS ARE NOT INTENDED TO CONSTITUTE LEGAL ADVICE OR THE PROVISION OF LEGAL SERVICES. ALL LEGAL QUESTIONS SHOULD BE ANSWERED DIRECTLY BY A LICENSED ATTORNEY PRACTICING IN THE APPLICABLE AREA OF LAW. ©2021 Bergeson & Campbell, P.C.  All Rights Reserved