Industry Associations Petition EPA to Develop Risk Management Procedural Rule under TSCA Section 6 – Update from Bergeson & Campbell, P.C.

On June 3, 2020, the American Coatings Association (ACA), National Association of Manufacturers, Toy Association, National Association of Home Builders, and U.S. Chamber of Commerce filed a petition under Section 21 of the Toxic Substances Control Act (TSCA) requesting that the U.S. Environmental Protection Agency (EPA) develop a risk management procedural rule under TSCA Section 6.  According to the petition, such a rule is necessary to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Act).  The Petitioners note that the prioritization and risk evaluation framework rules “serve an essential role to guide affected stakeholders through these new processes.”  The Petitioners request a TSCA Section 6 rulemaking to establish a similar degree of procedural consistency, guidance, and transparency for EPA’s risk management process.  EPA has 90 days from filing to grant or deny the petition.  If EPA grants the petition, EPA must promptly commence an appropriate proceeding in accordance with TSCA Section 6.  For more information, please read the full memorandum.

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