US EPA evaluates TSCA New Chemicals Program

April 08, 2021

The US Environmental Protection Agency (EPA) is conducting an evaluation of its policies, guidance and regulations under the Toxic Substances Control Act (TSCA) new chemicals program to ensure adherence to statutory requirements. One outcome of this evaluation is that EPA will cease issuing determinations of “not likely to present an unreasonable risk” based on the existence of proposed Significant New Use Rules (SNURs). EPA will now review all conditions of use for new chemicals and when necessary, issue order to address potential risks. SNURs continue to be issued following TSCA section 5(e) and 5(f) orders for new chemicals to ensure that the PMN submitter, and all other manufacturers or  processors of a new chemical substance are held to the same standard.

EPA is also addressing worker exposures in the review of the new chemicals. If EPA identifies an unreasonable risk to workers that could be addressed with the use of appropriate PPE and hazard communication, EPA will no longer assume that workers will be adequately protected under OSHA’s worker protection standards and updated Safety Data Sheets (SDS). Instead, EPA will assume that the absence of worker safeguards is a “reasonably foreseen” condition of use of the new chemical and require associated worker protections under a consent order.

To read the full update from the EPA, click here.

How TSG can help

TSG’s TSCA team, led by Dr. Saadia Eltayeb, can help companies successfully prepare, follow up and effectively communicate with EPA in all aspects of TSCA compliance including consent order negotiations. To learn more about our full TSCA services, contact us at info@tsgconsulting.com.

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