EPA starts to rank 40 chemicals under the amended TSCA

The US Environmental Protection Agency published a list of 40 chemicals on Mar. 20 that it intends to review and prioritize for risk evaluation under the amended Toxic Substances Control Act (TSCA). It said it was releasing the list to give the public opportunities to submit relevant information such as the uses, hazards, and exposure for these chemicals.

EPA opened a docket for each chemical and announced that a 45-day comment period will commence with the list’s scheduled publication in the Mar. 21 Federal Register. Publication also activates a statutory requirement for EPA to complete the prioritization process in the next 9-12 months, allowing the agency to designate 20 chemicals as high priority and 20 chemicals as low priority by December.

US Sens. Frank R. Lautenberg (D-NJ) and David B. Vitter (D-La.) introduced the original TSCA on May 22, 2013. An amended version, which established a requirement for EPA to evaluate existing chemicals and meet specific deadlines, acquired Lautenberg’s name in 2015 after the senator died. Former US President Barack Obama signed the new version into law on June 22, 2016.

“EPA continues to demonstrate its commitment to the successful and timely implementation of the Frank R. Lautenberg Chemical Safety for the 21st Century Act,” Administrator Andrew Wheeler said. “We are delivering on the promise of Lautenberg to better assess and manage existing chemicals in commerce and provide greater certainty and transparency to the American public.”

Alexandra Dapolito Dunn, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention, said, “Initiating a chemical for high or low prioritization does not mean EPA has determined it poses unreasonable risk or no risk to human health or the environment; it means we are beginning the prioritization process set forth in Lautenberg.”

The prioritization process designates 20 chemicals “high priority” and 20 chemicals “low priority,” meaning in the latter instances that risk evaluation is not warranted at this time, EPA said. Once prioritization is complete, high-priority chemicals begin a 3-year risk evaluation process to determine if the chemical, under the conditions of use, presents an unreasonable risk to human health and the environment.