Yesterday the OMB’s Office of Information and Regulatory Affair (OIRA) announced that it had concluded action on a notice of proposed rulemaking from the EPA on “Further Reconsideration of Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)”. The NPRM was submitted to OIRA on August 4th, 2025.
According to the Spring 2025 Unified Agenda entry for this rulemaking:
“On May 3, 2024, the Environmental Protection Agency (EPA or the Agency) promulgated amendments to the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under its conditions of use, without consideration of costs or non-risk factors, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA. Some aspects of the 2024 amendments were necessary to align with court decisions from 2019. EPA is initiating further rulemaking to reexamine multiple aspects of the 2024 rulemaking for consistency with the law and Administration policy.”
The concluding action is listed as: “Statutory or Judicial Deadline”.
I do not expect to provide and detailed coverage of this
rulemaking, but I will be announcing its publication in the appropriate ‘Short
Takes’ post.
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