October 22, 2019

October 21, 2019

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EPA Sends TSCA Prioritization Risk Review Rule to OMB

EPA has sent to the Office of Management and Budget (OMB) a pre-publication proposed rule for implementing a formal process for prioritizing “active” existing chemicals as “low” or “high” priority for risk evaluation under the amended Toxic Substances Control Act (TSCA). According to the OMB website, the Office received EPA's draft “Procedures for Prioritization of Chemicals for Risk Evaluation Under the Toxic Substances Control Act” rule on November 7. 

OMB review typically takes 90 days, but reviews can take more or less time. EPA has indicated that it plans to propose this and other TSCA rules in the Federal Register before the end of CY2016, which provides OMB with approximately 60 days to help EPA meet its self-imposed deadline.

Additional proposed TSCA “reform” rules under development have not yet been sent to OMB. These include proposed rules to: (1) implement the risk evaluation process; (2) initiate the TSCA Inventory “reset” process; and (3) implement fees for administering notifications and confidential business information (CBI) claim reviews under the new TSCA law.

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About this Author

 Thomas C. Berger, Keller Heckman, Environmental Protection lawyer, Product Liability Management Attorney

Tom Berger joined Keller and Heckman in 1993. Mr. Berger is a partner in Keller and Heckman's Washington DC office and heads Keller and Heckman's Indianapolis satellite office.

Mr. Berger has extensive experience in representing foreign and domestic companies, large and small, in a broad range of areas, including counseling, advocacy, and rulemaking in environmental law, occupational safety and health law, contracts, EPA enforcement proceedings, and chemical and product liability management. Mr. Berger assists clients in bringing new products to...

Adrienne M. Timmel, Keller Heckman, Pre-Market Chemical Approval Lawyer, Products Safety Attorney

Adrienne Timmel practices in all areas of environmental law and also advises clients on product safety and energy performance matters. In particular, Ms. Timmel assists clients in obtaining pre-market approval of chemicals and pesticides in the U.S. and international markets. She has helped clients navigate and comply with the Federal fuels regulations and Federal energy efficiency regulations for residential appliances and commercial equipment.  Her work has also included counseling clients in the development of biofuels and engaging in settlement negotiations with the...