EPA Begins Evaluating Chemical Risks Under Revised Toxic Substances Control Act

On November 29, 2016, EPA announced the first ten chemicals for which the Agency will perform a risk evaluation under the Toxic Substances Control Act ("TSCA"), as reformed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed earlier this year. As part of this review, EPA will evaluate whether the chosen chemicals "present an unreasonable risk of injury to health or the environment."

EPA will release a scoping document for each of the chemicals within six months of designation. The scoping document will includes the hazard(s), exposure(s), conditions of use, and the potentially exposed or susceptible subpopulation(s) the Agency plans to consider. The Agency then must complete the full risk evaluations within three years. If the chemical presents an unreasonable risk, the law grants EPA two years to develop a rule to address the identified risks.