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EPA Seeks Comments on TSCA Risk Evaluations

The Environmental Protection Agency is seeking comment on the list of the first 10 chemicals set for risk evaluations under the Toxic Substances Control Act reform legislation (see 1706260025), the agency said in a notice. "The 10 problem formulation documents announced in this document
refine the scope documents published in June 2017 and are an additional interim step, prior to
publication of the draft risk evaluations," it said. Comments are due July 26.

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EPA is also asking for comments on a guidance document called “Application of Systematic Review in TSCA Risk Evaluations,” it said. That document "sets out general principles to guide EPA’s application of systematic review in the risk evaluation process" for TSCA risk evaluations, it said.

The notice is required by TSCA Section 6(b)(4), as established by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which was signed into law in June 2016 (see 1606220023). If EPA finds a chemical presents no unreasonable risk, or if it finds risks but sets restrictions to address it, states may not put in place additional restrictions. State actions taken before April 22, 2016, as well as both past and future state actions taken under laws in effect before Aug. 31, 2003, are grandfathered in. That exempts restrictions under California’s Proposition 65 and Massachusetts’ Toxics Use Reduction Act.

CBP previously listed the first 10 chemicals chosen for evaluation. After it evaluates those first 10 chemicals, EPA will then evaluate substances determined to be high-priority chemicals through the prioritization process. "You may be potentially affected by this action if you manufacture (defined under TSCA to include import), process, distribute in commerce, use or dispose of any of the 10 chemical substances identified in this document for risk evaluation, or any future existing chemical substances undergoing risk evaluation under TSCA," it said. The chemicals are:

  • Asbestos
  • 1-Bromopropane
  • Carbon Tetrachloride
  • 1,4-Dioxane
  • Cyclic Aliphatic Bromide Cluster (HBCD)
  • Methylene Chloride
  • N-Methylpyrolidone
  • Perchloroethylene
  • Pigment Violet 29
  • Trichloroethylene

(Federal Register 06/11/18)