
Experience Everything Compliance Network Has to Offer
Since November 2022, EPA finalized six revised risk determinations as authorized under the Toxic Substances Control Act (TSCA). However, you might be asking why the agency is changing these risk determinations now. It all stems back to a shift in the administration.
In late June 2021, EPA announced that it would update its policy surrounding risk evaluations made by the previous administration or that were otherwise in progress. TSCA requires the agency to review the risks associated with high-priority chemicals already on the market, then take action to manage any risks determined to be “unreasonable.” Under the previous administration:
Under the new policy, however:
This policy shift affected 10 high-priority chemicals, which were part of the first risk evaluations performed by the agency since 2016, including:
Back in June 2021 when the agency made the shift, EPA decided that the risk evaluations for asbestos (part 1: chrysotile asbestos), HBCD, and PV29 were sufficient, but the agency intended to reissue the risk determinations to amend the approach to PPE and include a whole-chemical risk determination. Revised final risk determinations for HBCD and PV29 were issued in June and September 2022, respectively.
Moreover, it appears EPA has not reissued a final risk determination for chrysotile asbestos, but instead proposed to manage the risk posed by the manufacture, import, processing, distribution in commerce, and commercial use of chrysotile asbestos. The agency is also conducting its initial supplemental risk evaluation of several other forms of asbestos.
For the remaining seven substances, the agency went to work to further evaluate their risks for the new pathways and with the new PPE assumption, and since November 2022, except for 1,4-dioxane, we’ve seen revised final risk determinations for:
Learn about the latest developments on EPA’s “Chemicals under the Toxic Substances Control Act (TSCA)” webpage.
Once a risk determination is made, EPA moves forward to the “risk management” step to address the unreasonable risk presented. The agency may select from among a wide range of risk management requirements:
Despite a shift in policy for risk evaluations, EPA is finally completing a series of revised final risk determinations. The next step is to address the unreasonable risks found. To manage those risks, EPA has several options including to regulate or ban the chemicals.