On February 19, 2010, the USEPA proposed a rule to revise the procedures for developing Enforceable Consent Agreements ("ECA") to generate test data under TSCA. The rule would generally apply to those who manufacture or process chemical substances. ECAs are legally enforceable agreements entered into with USEPA wherein a manufacturer or processor of chemical substances agrees to conduct specific testing on a chemical substance to fill an USEPA data need (without requiring EPA to first make a risk determination under TSCA Section 4). The proposed rule is intended to shorten the average time to complete negotiations for ECAs and to use deadlines to terminate negotiations for ECAs if not completed.
