EPA Publishes Final Scope of D4 Risk Evaluation, Seeks Comment on Draft Revision to PV29 Risk Determination – Update from Bergeson & Campbell, P.C.

On March 7, 2022, the U.S. Environmental Protection Agency (EPA) announced the availability of the final scope of the risk evaluation to be conducted for octamethylcyclotetra-siloxane (D4), a chemical substance for which EPA received a manufacturer request for risk evaluation under the Toxic Substances Control Act (TSCA). 87 Fed. Reg. 12696. The scope document includes the conditions of use (COU), hazards, exposures, and the potentially exposed or susceptible subpopulations (PESS) that EPA plans to consider in conducting the risk evaluation for this chemical substance. EPA also published a separate notice announcing the availability of and requesting public comment on a draft revision to the risk determination for the Colour Index Pigment Violet 29 (PV29) risk evaluation. 87 Fed. Reg. 12690. EPA states that the draft revision finds that PV29, as a whole chemical substance, presents an unreasonable risk of injury to health when evaluated under its COUs. The draft revision would supersede the COU-specific no unreasonable risk determinations in the January 2021 PV29 risk evaluation, would withdraw the associated order, and would make a revised determination of unreasonable risk for PV29 as a whole chemical substance. EPA notes that in addition, the draft revised risk determination does not reflect an assumption that workers always appropriately wear personal protective equipment (PPE). Comments on the draft revision to the PV29 risk determination are due April 21, 2022. For more information, please read the full memorandum.

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