EPA Delays 1,4-Dioxane Risk Management Rulemaking – Update from Bergeson & Campbell, P.C.

In a July 30, 2021, filing in the U.S. Court of Appeals for the Ninth Circuit, the U.S. Environmental Protection Agency (EPA) states that it cannot “meaningfully commence” risk management rulemaking for 1,4-dioxane until it nears completion of its reconsideration of the final risk evaluation. EPA released the final risk evaluation for 1,4-dioxane on January 8, 2021, in the final weeks of the Trump Administration. On June 30, 2021, the Biden-Harris EPA announced several policy changes regarding risk evaluations issued under the Toxic Substances Control Act (TSCA) and the path forward for the first ten chemicals to undergo risk evaluation. According to the announcement, EPA intends to re-open and update the 1,4-dioxane risk evaluation to consider whether to include additional exposure pathways and conditions of use that were excluded from the supplemental and final risk evaluations. For more information, please read the full memorandum.


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