EPA Sends TSCA Risk Evaluation NPRM to OMB

 

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking from the EPA on “Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)”. According to the Spring 2023 Unified Agenda entry for this rulemaking:

“As required under section 6(b)(4) of the Toxic Substances Control Act (TSCA), EPA published a final rule on July 20, 2017, that established a process for conducting risk evaluations to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or other non-risk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use. This process incorporates the science requirements of the amended statute, including best available science and weight of the scientific evidence. The final rule established the steps of a risk evaluation process including: scope, hazard assessment, exposure assessment, risk characterization, and risk determination. The Agency is now considering revisions to that final rule and will solicit public comment through a notice of proposed rulemaking.”