EPA OIG to Review TSCA Chemical Testing Priorities

2 min readSources: National Law Review

EPA OIG will evaluate how chemicals are prioritized for testing under TSCA.

Why it matters: This oversight could impact regulatory timelines and compliance requirements, crucial for corporate legal and compliance teams managing chemical safety standards.

  • EPA OIG announced its plan to review the EPA's TSCA Priority Testing List.
  • The evaluation will focus on how the EPA prioritizes chemicals for testing under TSCA.
  • EPA has struggled to meet statutory deadlines for risk evaluations due to resource constraints.
  • EPA's Office of Pollution Prevention and Toxics lacked sufficient capacity for initial TSCA risk evaluations.

The EPA Office of Inspector General (OIG) has announced plans to evaluate the agency's process for prioritizing chemicals on the Toxic Substances Control Act (TSCA) Priority Testing List. This announcement highlights increased scrutiny on how the EPA determines which chemicals require priority testing under TSCA.

The evaluation aims to assess whether the EPA's prioritization effectively identifies chemicals that pose risks to human health and the environment. According to a 2021 Annual Plan for Chemical Risk Evaluations under TSCA, the EPA has faced significant challenges in meeting statutory deadlines, mainly due to limited internal resources.

The EPA's Office of Pollution Prevention and Toxics (OPPT) notably lacked sufficient capacity to conduct the first set of ten TSCA risk evaluations timely, as noted in the same plan. The OIG emphasized that "the EPA's TSCA risk evaluation capacity needs to dramatically increase to meet the statutory risk evaluation requirements of the 2016 TSCA amendments."

This evaluation by the OIG could lead to recommendations that affect how compliance teams at corporations and law firms anticipate regulatory actions and safety standards regarding chemical substances.

Details on the timeline, scope, and potential outcomes of the OIG's review have not yet been disclosed.

By the numbers:

  • 10 — initial TSCA risk evaluations delayed due to capacity constraints
  • 2016 — TSCA amendments set statutory risk evaluation requirements