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November 29, 2016

EPA Announces Initial List of TSCA Section 6 Chemicals for Risk Evaluation

Lynn L. Bergeson

On November 29, 2016,  the U.S. Environmental Protection Agency (EPA) announced the initial ten chemical substances on which risk evaluations will be conducted under Toxic Substances Control Act (TSCA) Section 6(b)(2)(A).  The chemicals, all of which were to be drawn from the TSCA Work Plan for Chemical Assessments, are:

1,4-dioxane
1-bromopropane
Trichloroethylene (TCE)
Carbon tetrachloride
Hexabromocyclododecane (HBCD)
Methylene chloride
Pigment violet 29
Perchloroethylene (PERC)
N-methyl-2-pyrrolidone (NMP)
Asbestos

EPA is required under TSCA Section 6(b)(2)(A) to announce the chemicals within 180 days of enactment, or by December 19, 2016.

Interestingly, several of the chemicals are the subject of Section 6 rules that are currently undergoing review by the Office of Management and Budget (OMB).  These include TCE, methylene chloride, and NMP.  Assuming that EPA continues with these rules (relying on the savings provision at TSCA Section 26(p)(3) to use the completed risk evaluations on these chemicals in taking the Section 6 actions), the inclusion of the chemicals on the list may suggest that EPA will broaden the risk evaluations to include other conditions of use beyond those in the completed risk assessments.

For more on the chemicals listed and additional information: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/evaluating-risk-existing-chemicals-under-tsca.