By Dennis Deily
When asked about accessing data generated for REACH compliance activities, Wendy Cleland-Hamnett, director of the US Environmental Protection Agency’s (EPA) Office of Pollution Prevention and Toxics, answered that EPA would consider using its authority under TSCA Section 11 to subpoena the data from US companies. She provided her comments on Wednesday, March 4, 2014 as part of the opening plenary session at GlobalChem in Baltimore, MD.
Ms. Cleland-Hamnett indicated that it would not be the first time that such action has been taken by the EPA. She stated that EPA understood the context of agreements on cost and data sharing that are part of the REACH SIEFS (substance data exchange fora) and the restrictions and stipulations on how data can be shared. However, when using ECHA data search tools, EPA can readily learn that data is available and wants US companies to provide that data when requested.
US companies that are members of these data fora may find that if the EPA asks them for data, and are refused, that EPA will use its Section 11(c) subpoena authority.