EPA Sends TSCA Chem Risk Eval Final Rule to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a final rule from the EPA on “Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)”. The notice of proposed rulemaking for this action was published on September 23rd, 2025. 

According to the 2026 Unified Agenda for this rulemaking:  

“On September 23, 2025, EPA proposed to amend the procedural framework rule for conducting existing chemical risk evaluations under the Toxic Substances Control Act (TSCA). When conducting an existing chemical risk evaluation under TSCA, EPA must determine whether a chemical substance presents an unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including unreasonable risk to a potentially exposed or susceptible subpopulation identified as relevant to the risk evaluation, under the conditions of use. In this action, EPA proposed to rescind or revise certain 2024 amendments to the procedural framework rule to effectuate the best reading of the statute and ensure that the procedural framework rule does not impede the timely completion of risk evaluations or impair the effective and efficient protection of health and the environment. After considering public comments, EPA intends to promulgate a final rule in 2026.” 

As a side note, given the election results of this week, last month the Congressional Research Service published a review of the Congressional Review Act. This report should be reviewed by all incoming congressional staff members.