Under the amended TSCA, EPA must conduct risk evaluations on its initial 10 chemicals, and could impose restrictions on the use of these compounds or bans, in risk mitigation rules EPA will develop after finalizing risk evaluations.
The bill would require a product manufacturer or chemical manufacturer to provide to DTSC data and information on the ingredients and use of a consumer product, including, but not limited to, specified data and information, including data on ingredient chemical identity, concentration, and functional use.
A key result of the update is that less than half of the total number of chemicals on the current TSCA Inventory – 47 percent or 40,655 of the 86,228 chemicals – are currently active in commerce.
EPA is accepting comments objecting to one or more of these Significant New Use Rules through Dec. 31, 2018.
EPA took this action following receipt of adverse comments and a request to extend the comment period regarding the Significant New Use Rules.
Under the 2016 TSCA amendments, EPA is required to focus on 40 chemicals next year and designate 20 as “high priority.” EPA must designate at least 20 chemical substances as High-Priority for risk evaluation and 20 chemical substances as Low-Priority by December 2019. That designation means the agency must launch a detailed risk evaluation.
EPA took this action following receipt of adverse comment affecting all 145 SNURs by the closing of the comment deadline on Aug. 31. EPA will address comments in a separate rulemaking it had simultaneously published on Aug. 1.
EPA is accepting comments objecting to one or more of these Significant New Use Rules through Oct. 17, 2018. If EPA receives written adverse comments, on one or more of these SNURs by the deadline, the agency will withdraw the relevant sections of this direct final rule before its effective date.
ACA first intervened in support of EPA in September 2017, concerned that the significant progress EPA has made toward enhanced chemical reviews might be undone by unnecessarily prolonged risk evaluations and EPA making a final determination about fewer chemicals, should the EDF suit succeed. This would lead to greater regulatory uncertainty, with improvements to risk assessment procedures being questionable at best. ACA continues to support EPA in developing processes for accurate and efficient evaluation of chemicals under the amended TSCA.
Manufacturers and importers of chemicals identified for risk evaluation under TSCA must pay fees on a per chemical basis. The fee can be paid collectively through a consortium.