EPA Proposes to Determine That TCEP Presents Unreasonable Risk to Human Health and the Environment – Update from Bergeson & Campbell, P.C.

On December 15, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on its draft risk evaluation for tris(2-chloroethyl) phosphate (TCEP) and related draft charge questions. 88 Fed. Reg. 86894. EPA states on its website that it reviewed the exposures and hazards of TCEP uses and made risk findings on TCEP. EPA considered relevant risk-related factors, including, but not limited to: the hazards and exposure, magnitude of risk, exposed population, severity of the hazard, and uncertainties, as part of its unreasonable risk determination. EPA proposes to determine that TCEP, as a whole chemical substance, presents unreasonable risk to human health and the environment. Comments on the draft risk evaluation are due February 13, 2024. EPA states in its December 14, 2023, press release that this is the first draft risk evaluation it has released for the 20 high-priority substances prioritized in 2019. EPA notes that it has incorporated improvements to the risk evaluation process announced in 2021 into the risk evaluation, including an assessment of exposure to potentially exposed and susceptible subpopulations such as workers, children, and subsistence fishers. For more information, please read the full memorandum.

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