OMB Approves EPA’s TSCA Update Final Rule

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a final rule from the EPA on “Updates to New Chemicals Regulations Under the Toxic Substances Control Act (TSCA)”. The final rule was sent to OIRA on May 20^th, 2024. The notice of proposed rulemaking (NPRM) was published on May 26^th, 2023.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“EPA is reviewing public comments on the proposed amendments to the new chemicals procedural regulations under the Toxic Substances Control Act (TSCA) in 40 CFR parts 720, 721, 723, and 725. These amendments are intended to align the regulatory text with the statutory amendments that were made to TSCA in 2016 that impact the TSCA new chemicals review provisions, improve the efficiency of EPA's review processes, and update the regulations based on existing policies and experience implementing the New Chemicals Program. The proposal includes amendments that would reduce the need to redo all or part of the risk assessment by improving information initially submitted in new chemicals notices, which should also help reduce the length of time that new chemicals notices are under review. EPA is also proposing several amendments to the regulations for low volume exemptions (LVEs) and low release and exposure exemptions (LoREXs), which include requiring EPA approval of an exemption notice prior to commencement of manufacture, making per- and polyfluoroalkyl substances (PFAS) categorically ineligible for these exemptions, and providing that certain persistent, bioaccumulative, toxic (PBT) chemical substances are ineligible for these exemptions, consistent with EPA's 1999 PBT policy.”

There were 51 comments received by the EPA on the NPRM for this action. There were detailed comments from a wide range of industries, environmental organizations, and private individuals that the EPA had to address in writing this final rule. There will inevitably be changes made to the NPRM’s language.

This is another rule that will likely run afoul of President Trump’s less than supportive environmental agenda. See my earlier post for the likely outcome. So why publish this rule? It will give the 48^th President, if environmentally inclined, a quick rule to put back into place to re-establish environmental controls erased by Trump.

I will probably not be covering this rulemaking in any detail. I will, at least, mention its publication in the appropriate ‘Short Takes’ notice.