The 2016 amendments to the Toxic Substances Control Act (TSCA) added procedures for the Environmental Protection Agency (EPA) to evaluate risks presented by existing chemicals using the latest scientific information – including information developed after a chemical entered use in the US. Based on these reviews, EPA is to update its regulatory requirements, ranging from labeling-only through use restrictions up to and including bans from further distribution and use. (I summarized these review requirements HERE ). Beginning in November 2019, EPA regularly announces new chemical reviews, and subsequently the results of these reviews. (I wrote about the first review announcement HERE ). On July 25, 2024 EPA published a formal proposal to review 5 additional chemicals for designation as High-Priority Substance subject to strict controls under TSCA. The rest of this note identifies these proposed chemicals.
Which chemicals is EPA proposing to review?
EPA is proposing to review the following chemicals for possible designation as high risk High-Priority Substances under TSCA:
- Vinyl Chloride (CASRN 75-01-4) - used primarily in the manufacturing and processing of plastic materials such as polyvinyl chloride (PVC), plastic resins, and other chemicals
- Acetaldehyde (CASRN 75-07-0) - used primarily in the manufacturing and processing of adhesives, petrochemicals, plastic and other chemicals, and as intermediates for products such as packaging and construction materials
- Acrylonitrile (CASRN 107-13-1) - used primarily in the manufacturing and processing of plastic materials, paints, petrochemicals, and other chemicals
- Benzenamine (CASRN 62-53-3) - used in the manufacturing and processing of dyes and pigments, petrochemicals, plastics, resins, and other chemicals
- 4,4’-methylene bis(2-chloroaniline) (MBOCA) (CASRN 101-14-4) - used in the manufacturing and processing of rubbers, plastics, resins, and other chemicals
What happens now?
EPA published its proposal in the Federal Register on July 25, 2024, with public comments due by October 23. After that, EPA will determine a final list. These determinations will start the three years during which these priority evaluations are to be completed, after which EPA is to publish its results and determination whether to provide any additional regulatory requirements and restrictions. Readers will note that the next US Presidential election is fast approaching and the winner’s administration will be in place to complete these processes.
If your organization manufactures, processes or uses a chemical that’s just been proposed for high priority review, you should prepare to evaluate your use. In doing so, you should consider whether you can replace a listed chemical with lower hazard substitutes. That would reduce the hazards of your operations and outputs, and may ease subsequent compliance requirements.
Self-Evaluation Checklist
Does the organization manufacture, process, or use any chemical that EPA has just proposed for high priority risk assessment?
If so, has the organization reviewed its activities involving any such chemical, for present hazards and possible substitution?
Is the organization participating in the public comment opportunity between now and October 23?
Is the organization tracking any of the regulatory dockets involving one or more of these chemicals?
Where Can I Go For More Information?
- EPA
- “Assessing and Managing Chemicals under TSCA” webpage
- “Ongoing and Completed Chemical Risk Evaluations under TSCA” webpage
- “TSCA Work Plan for Chemical Assessments: 2014 Update”
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com