Does EPA Have Authority To Promulgate Cumulative Risk Assessment Guidance?

If EPA plans to interpret such environmental regulations as providing EPA with the authority to require that states consider CRAs in its decision making, including CRAs that may include nonchemical stressors, then TCEQ requests that EPA conduct rulemaking to implement regulations applicable to state programs that include CRAs as criteria allowed for consideration in permitting and other regulatory decisions.

Without such rulemaking, TCEQ has no authority to consider CRAs and CIAs in decision making where they are not required in statute or rule. Guidance is non-binding, often not media-specific, and no substitute for rulemaking, which would provide state agencies with authority to consistently apply