EPA Announces First 10 Chemicals for Review under TSCA
December 1, 2016 | The Environmental Protection Agency (EPA) has announced the first 10 chemicals it will review for potential risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA). Initial review by the Toy Industry Association (TIA) indicates that most of the listed chemicals are unlikely to be present in toys.
The first 10 chemicals to be evaluated are: 1,4-dioxane, 1-bromopropane, asbestos, carbon tetrachloride, cyclic aliphatic bromide cluster, methylene chloride, N-methylpyrrolidone, pigment violet 29, tetrachloroethylene (also known as perchloroethylene), and trichloroethylene. The chemicals were drawn from EPA’s 2014 TSCA Work Plan, a list of 90 chemicals selected based on their potential for high hazard and exposure, among other considerations.
Once this list of 10 chemicals is published in the Federal Register, it will trigger a statutory deadline to publish the scope of these risk evaluations in the next six months, and to complete risk evaluations for these chemicals within three years, in order to determine whether they present an unreasonable risk to humans and the environment.
Several of these chemicals are already in some stage of EPA review. In fact, three proposed section 6 risk management rules (for methylene chloride, N-methylpyrrolidone and trichloroethylene) are currently at the Office of Management and Budget for approval prior to publication in the Federal Register. EPA will move ahead on these rules which are only for a narrow range of uses. Looking ahead, EPA intends to review more of the reasonably foreseeable uses for these and the other seven chemicals, and has indicated that pigment violet 29 can be found in certain plastics applications. If a chemical is determined to present an unreasonable risk, EPA is required to mitigate that risk within two years. More information is available on the EPA website.
As previously reported, the Frank R. Lautenberg Chemical Safety for the 21st Century Act (LCSA) was signed into law by the President in June to update the outdated TSCA law. This represented the first meaningful update to the law in 40 years. The new legislation reflects scientific and technological advances and is aiming for a uniform federal policy to regulate chemicals across the country. These 10 chemicals are the first step in that direction. For each risk evaluation EPA completes, TSCA requires the agency to begin another. By the end of 2019, EPA must have at least 20 chemical risk valuations ongoing at any given time.
TIA has been a strong advocate of TSCA reform, and has pledged to work with the EPA as they prioritize chemicals for review. Last week, TIA signed onto a letter to EPA Administrator Gina McCarthy from the American Alliance for Innovation (AAI), encouraging the agency to follow Congressional intent when implementing TSCA, and to use sound science and risk-based approaches on all rulemakings.
“We intend to stay closely engaged with EPA as they implement the new law regulating chemicals,” said Ed Desmond, TIA executive vice president of external affairs. “Our goal is to work towards the most effective, least burdensome requirements for toy manufacturers, while continuing to provide safe and fun playthings for children.”