On April 23, 2024, the U.S. Environmental Protection Agency (EPA) finalized a rule aimed at enhancing the process for conducting risk evaluations on chemicals under the Toxic Substances Control Act (TSCA). The rule is designed to ensure that TSCA risk evaluations comprehensively assess the risks associated with chemicals and provide a solid foundation for protecting public health, particularly workers and communities, from toxic substances.
Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, Michal Freedhoff, emphasized the importance of the new rule, stating, "Everything we do to protect our nation, including workers and communities, from toxic chemical exposures must be comprehensive and grounded in strong science." The rule aligns with the goals of the TSCA amendments of 2016, which mandate EPA to establish a procedural framework for conducting chemical risk evaluations.
The finalized rule incorporates revisions to improve EPA's process for TSCA risk evaluations, including considerations for real-world exposure scenarios, comprehensive scope, and risks to all workers. The rule also addresses the need to use the best available science, peer review risk evaluations, and consider overburdened communities in the evaluation process.
These changes aim to enhance environmental protections in communities burdened by pollution and align with the Biden-Harris Administration's environmental justice agenda. EPA has been incorporating many of these changes into TSCA risk evaluation activities since 2021 and proposed a revised procedural framework rule in October 2023.
The procedures outlined in the final rule will apply to all risk evaluations initiated 30 days after its publication date. For ongoing risk evaluations, EPA plans to implement the new procedures to the extent feasible, considering statutory requirements and deadlines.
The EPA's strengthened chemical risk evaluation process represents a significant step towards safeguarding workers and communities from the potential harms of toxic chemicals, ensuring that future regulations are built on a foundation of robust scientific analysis and comprehensive risk assessment.
