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EPA Advances Efforts to Determine Risk of Chemical Substances

Thursday, July 20, 2017
Sandler, Travis & Rosenberg Trade Report

The Environmental Protection Agency has issued separate final rules that advance its efforts to determine the risk of chemical substances, a process that could ultimately result in new requirements or restrictions on some chemicals.

Prioritizing for Risk Evaluations. The first rule establishes the process and criteria the EPA will use to identify chemical substances as either high-priority substances for risk evaluation or low-priority substances for which risk evaluations are not warranted at the time. Prioritization is the first step in a new process of existing chemical substance review and management established under recent amendments to the Toxic Substances Control Act.

This rule describes the processes for formally initiating the prioritization process on a selected candidate, providing opportunities for public comment, screening the candidate against certain criteria, and proposing and finalizing designations of priority.

 

Conducting Risk Evaluations. The second rule establishes a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment (without consideration of costs or other non-risk factors) under the conditions of use. The EPA is required to mitigate any risks determined to exist, which could include labeling requirements, use restrictions, or outright bans.

This rule identifies the steps of a risk evaluation process, including scope, hazard assessment, exposure assessment, risk characterization, and risk determination. This process will be used for the first ten chemical substances undergoing evaluation from the 2014 update of the TSCA work plan for chemical assessments (to the maximum extent practicable). Chemical substances designated as high-priority substances during the prioritization process, and those for which the EPA has initiated a risk evaluation in response to a manufacturer request, will always be subject to this process. The rule also establishes the process by which manufacturers would make such requests and the criteria by which the EPA will evaluate them.

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