• Petition to Initiate a Procedural Risk Management Rule Under the Toxic Substances Control Act

Letters
June 4, 2020

Dear Administrator Wheeler: The undersigned trade associations (“Petitioners”) submit this petition pursuant to section 21 of the Toxic Substances Control Act (“TSCA” or “Act”). Petitioners request that the U.S. Environmental Protection Agency (“EPA”) initiate a proceeding for the issuance of a risk management procedural rule under TSCA section 6 as a necessary action to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act (“Lautenberg Act”).

On June 22, 2016, the Lautenberg Act was signed into law to amend TSCA and give EPA new authority to evaluate and regulate how existing chemicals are manufactured, processed, distributed, and used. The Petitioners worked for the passage of the Lautenberg Act and have supported EPA’s development and implementation of the new section 6 prioritization and risk evaluation framework. The Petitioners also recognize that EPA staff has put a large amount of work into publishing the section 6 prioritization and risk evaluation framework rules under the TSCA amendments, issuing numerous guidance documents, selecting 50 chemicals for prioritization and risk evaluation, and preparing risk evaluations under demanding deadlines. In particular, the procedural rules for the prioritization and risk evaluation of existing chemicals serve an essential role to guide affected stakeholders through these new processes. Accordingly, this petition seeks a rulemaking to establish a similar degree of procedural consistency, guidance, and transparency for EPA’s risk management process. Petitioners believe that consistent, proper, and successful implementation of the Act will benefit EPA, the general public, and all stakeholders.