TSCA risk evaluations

The US Environmental Protection Agency (EPA) has accelerated its regulatory oversight under the Toxic Substances Control Act (TSCA), with a series of draft and final evaluations underscoring mounting concerns about chemical risks to workers, consumers, and the environment. These updates mark both continuity and change in the Biden administration’s approach to chemical safety.

Draft risk evaluations raise red flags

The EPA recently issued draft evaluations for five high-profile phthalates – DCHP, BBP, DEHP, DIBP, and DBP. Early findings suggest troubling implications:

• DBP and DEHP: Both preliminarily found to pose unreasonable risks to workers and the environment, with DBP also flagged for certain consumer uses.
• DIBP: Identified as posing unreasonable risks in six of its 28 conditions of use.
• BBP: Found to present risks in roughly half of the uses evaluated.

To bolster its analysis, EPA supplemented the DEHP evaluation with a memorandum providing more granular detail on occupational exposure data – signaling a heightened emphasis on workplace risk science.

Finalized evaluations and shifts in policy

The final risk evaluation for 1,1-dichloroethane, published in June, represents the first such action finalized under the current administration. Importantly, the final conclusions diverged in several respects from the draft – underscoring the agency’s willingness to recalibrate in response to stakeholder input and evolving science.

At the same time, the EPA is revisiting Biden-era rules through consultations, beginning with perchloroethylene (PCE). The comment period closed in late August, with 20 responses logged.

Meanwhile, the trichloroethylene (TCE) workplace protection rule faces yet another delay. Initially set for August, implementation of workplace chemical protection program (WCPP) requirements is now pushed back to 17 November, pending legal proceedings.

TSCA PFAS reporting rule extended

Perhaps most consequential for industry compliance, the EPA has extended the upcoming PFAS reporting period. The new timeline runs from 13 April to 13 October 2026, with small article importers given until October 2027. According to the agency, the delay will enable necessary software improvements and potential refinements to the rule.

Industry commentators have urged the EPA to go further, calling for a longer reporting window or narrower requirements to reduce the regulatory burden.

Looking ahead at TSCA oversight

The EPA’s recent flurry of evaluations, delays, and regulatory reforms illustrates the evolving nature of TSCA oversight. For businesses, the shifting timelines create a temporary reprieve, but the steady drumbeat of findings around unreasonable risk makes clear that stricter management measures are on the horizon. Stakeholders should anticipate both expanded compliance obligations and a recalibrated framework designed to close perceived gaps in chemical safety regulation.