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the majority of which the LVE holders rely upon for new The EPA has not made a public statement concerning run-
PFAS chemical substances already in commerce. Implicit in out sales of existing volumes of substances with LVEs that
the announcement is the agency’s intent to ultimately cancel have been overtly canceled, so some see that as a risk.
any approved LVE that is not voluntarily withdrawn. Since Both examples concerning the EPA’s new preference to
LVEs enable commercialization of the subject chemical regulate by policy statement create a newfound uncertainty
during the life of the LVE itself, which does not result in among U.S. chemical manufacturers and processors alike.
TSCA listing, this new policy statement carries a presump- Hopefully, this new trend will not continue. For now, the
tion by the EPA that the LVE is subject to interruption at agency’s posture seems to be confident and persistent to
any time. control the commercial manufacture, distribution and use
The agency’s intent in the request for voluntary with- of chemicals in this manner.
drawal of LVEs is to require LVE holders to submit new
PMNs. This process will give the EPA new and expanded Eggenschwiler, an ILMA consultant, is an international
ability to evaluate and restrict the substances. The agency trade attorney and is principal consultant, global trade
has incentivized cooperation by offering those that and chemical regulation services, at the Redstone Group,
voluntarily withdraw their LVE the ability to continue a Trinity Consultants company. He can be reached at
commercial sale of existing volumes of the affected chemical. 614-923-7472 or jeggenschwiler@redstonegrp.com.

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