EPA Proposes to Amend TSCA Risk Evaluation Framework Rule – Update from Bergeson & Campbell, P.C.

EPA announced on October 19, 2023, a proposed rule that would amend the procedural framework rule for conducting risk evaluations under TSCA. Published in the Federal Register on October 30, 2023, the proposed rule states that the purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without considering costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, under COUs. 88 Fed. Reg. 74292. EPA states that it has reconsidered the procedural framework rule for conducting such risk evaluations and determined that certain aspects of that framework should be revised to align better with applicable court decisions and the statutory text, to reflect its experience implementing the risk evaluation program following enactment of the 2016 TSCA amendments, and to allow for consideration of future scientific advances in the risk evaluation process without the need to amend further the Agency’s procedural rule. Comments are due December 14, 2023. EPA notes that under the Paperwork Reduction Act, comments on the information collection provisions are best assured of consideration if OMB receives a copy of the comments on or before November 29, 2023. B&C encourages interested parties to review carefully EPA’s proposed rule and to provide comments as appropriate. This is potentially the most impactful TSCA rule proposed to date this year. For more information on the proposed rule, please read the full memorandum.

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