Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA)
Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)
Tuesday, November 17, 2023
1:00 pm – 3:00 pm EST
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AGENDA
I. Welcome and Introductions
Dave Rostker, Assistant Chief Counsel, Office of Advocacy
II. Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA)
W. Caffey Norman, Squire Patton Boggs LLP
III. Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)
Javaneh Tarter, Hunton Andrews Kurth LLP
IV. Adjourn
* Advocacy is an independent government office responsible for advancing the views of small businesses in the regulatory policy across the federal government. We conduct roundtables to hear the experiences, challenges, and recommendations of small businesses, and identify alternative approaches for policy development at federal regulatory agencies. Our roundtables are largely held online, to facilitate the attendance of stakeholders from a diverse range of backgrounds, industries, and geographic regions.
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Topics Summary
1. Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA). On October 31, 2023, EPA published aproposed rule to ban the manufacture (including import), processing, and distribution in commerce of TCE for all uses, with longer compliance timeframes and workplace controls (including an exposure limit) for some processing and industrial and commercial uses until the prohibitions come into effect. The proposed risk management rule is based on EPA’s November 2020 TSCA section 6 risk evaluation, as amended by the January 2023 final revised risk determination for TCE, and EPA’s determination that TCE presents an unreasonable risk of injury to human health under its conditions of use. The comment period closes on December 15, 2023.
2. Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA). On October 30, 2023, EPA published a proposed rule to amend the procedural framework for conducting risk evaluations under TSCA. The purpose of risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use. EPA has been reworking the procedural framework for conducting such risk evaluations since the beginning of the Biden Administration. It has previously determined that certain aspects of the framework needed to be changed, and it has implemented some of these changes through policy statements since 2021. EPA is now engaged in rulemaking to codify these and other changes to the framework. The comment period closes on December 14, 2023.