EPA Issues Final Rules Under TSCA For Risk Evaluation And Prioritization Of Chemicals

On July 20, 2017, EPA published two final rules in the federal register under the Toxic Substances Control Act (TSCA), 15 U.S.C. § 2601, as revised by the .Frank R. Lautenberg Chemical Safety for the 21st Century Act, Pub. L. No. 114-182, 130 STAT. 448 (codified at 15 U.S.C. § 2601 (2016)). EPA also announced the availability of Guidance to Assist Interested Persons in Developing and Submitting Draft Risk Evaluations. 82 Fed. Reg. 33765 (July 20, 2017). The Lautenberg Act requires EPA to develop a program to evaluate chemical toxicity for substances used in commerce and provides for regulation of suitable chemicals pursuant to TSCA sections 5 and 6 to address risk. Regulation can come in the form of significant new use rules, consent orders, and limitations of manufacturing, processing, and use.