This was an issue in the last CEPA review, in 2005. Our organization suggested that the definition of what's “CEPA-toxic” under this statute makes the requirements extremely onerous in terms of—how shall I say—overcoming the hurdles that are provided by section 64 of the statute. It's one of the reasons why, though not the only reason why, there are only 132 substances on the list of toxic substances after a quarter century.
I think we have to become more realistic about what we will define as “toxic” for the purposes of regulation under federal law.