Panel 1: How to choose the best possible risk management option to regulate substances of very high concern

1. Risk Management
under the Toxic Substances Control Act
Tala Henry
Deputy Office Director
Office of Pollution Prevention & Toxics
Office of Chemical Safety and Pollution Prevention
U.S. Environmental Protection Agency
henry.tala@epa.gov
Helsinki Forum
May, 2019
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2. Risk Determinations & Management for New
Chemicals
Presents an
Unreasonable
Risk
Regulation under
section 5(f) –
Protection Against
Unreasonable Risks
Section 5(f) order or
section 6(a) rule
Restriction or
prohibition of
chemical substance
May Present an
Unreasonable
Risk
Regulation under
section 5(e) –
Regulation Pending
the Development of
Information
Section 5(e) order
Commercialization
with restrictions
Produced In
Substantial
Quantities
Regulation under
section 5(e) –
Regulation Pending
the Development of
Information
Section 5(e) order
Commercialization
without restrictions
Testing generally
due at a specified
time after
commercialization
Insufficient
Information to
Make a
Reasoned
Evaluation
Regulation under
section 5(e) –
Regulation Pending
the Development of
Information
Section 5(e) order
Testing generally
required before
commercialization
can occur
Not Likely to
Present an
Unreasonable
Risk
Section 5(g) –
Statement on
Administrator
Finding
Section 5(g)
statement
Commercialization of
the chemical
substance can
commence
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3. • Risk Evaluation [TSCA§6(b)(4)(A)]: EPA shall conduct risk evaluations to
determine whether a chemical substance presents an unreasonable risk of
injury to health or the environment
– Without consideration of costs or other nonrisk factors
• Risk Management [TSCA§6(c)(1)]: If EPA determines that a chemical
substance presents an unreasonable risk of injury to health or the
environment in accordance with subsection (b)(4)(A), EPA:
– (A) Shall propose a rule under subsection (a) for the chemical substance not
later than 1 year after the date on which the final risk evaluation is published;
– (B) Shall publish a final rule not later than 2 years after the date on which the
final risk evaluation is published.
– (C) Two-year extension, with limitations, permitted.
• TSCA provides authority to regulate: Manufacturers and processors (e.g.,
formulators); Distributors; Commercial users; Entities disposing of chemicals for
commercial purposes; Cannot regulate consumer users; can advise or recommend3
Risk Determinations & Management for
Existing Chemicals

4. Risk Management of Existing Chemicals
TSCA §6(a) options:
• TSCA§6(a)(1): prohibit, limit, or otherwise restrict manufacture,
processing, or distribution in commerce.
• TSCA§6(a)(2): prohibit, limit, or otherwise restrict for particular use or
above a set concentration.
• TSCA§6(a)(3): require clear and adequate minimum warnings and
instructions.
• TSCA§6(a)(4): require recordkeeping, monitoring, or testing.
TSCA§6(a)(5): prohibit or regulate manner or method of commercial use.
• TSCA§6(a)(6): prohibit or regulate manner or method of disposal.
• TSCA§6(a)(7): direct manufacturers/processors (1) to give notice of the
unreasonable risk determination to (A) distributers and other persons in
possession of such substance or mixture or exposed to such substance or
mixture, (B) to give public notice of the determination, and (C) to replace
or repurchase such substance or mixture.
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5. Risk Management of Existing Chemicals
• TSCA§6(c)(2)(A), (B): In selecting among prohibitions and restrictions, to
the extent practicable, the Administrator shall factor in the following
considerations:
– the effects of the chemical substance or mixture on health and the
environment and the magnitude of the exposure of human beings to the
chemical substance or mixture;
– the benefits of the chemical substance or mixture for various uses;
– the reasonably ascertainable economic consequences of the rule, including
consideration of:
• The likely effect of the rule on the national economy, small business, technological innovation,
the environment, and public health;
• The costs and benefits and cost effectiveness of the proposed regulatory action.
• TSCA§6(c)(2)(C): Alternatives
– The Administrator shall consider whether technically and economically
feasible alternatives that benefit health or the environment, compared to the
use so proposed to be prohibited or restricted, will be reasonably available as
a substitute when the proposed prohibition or other restriction takes effect.5

6. Persistent, Bioaccumulative & Toxic Chemicals:
TSCA §6(h)
(1): EPA shall propose rules under TSCA§6(a) by June 22, 2019, for certain
chemical substances identified in the 2014 TSCA Work Plan for Chemical
Assessments (5 identified)
– That are toxic, persistent, and bioaccumulative; and
– Exposure to which under the conditions of use is likely to the general population,
a potentially exposed or susceptible subpopulation, or the environment.
(2): EPA shall not be required to conduct risk evaluations on chemical
substances that are subject to§6(h)(1).
(3): EPA shall issue a final rule under §6(a) no later than 18 months after
proposing a rule pursuant to§6(h)(1).
(4): In selecting among prohibitions and other restrictions promulgated in a rule,
EPA shall:
– Address the risks of injury to health or the environment that the Administrator
determines are presented by the chemical substance; and
– Reduce exposure to the chemical substance to the extent practicable.
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