Risk Evaluation for 40 Chemicals

July 3, 2019

The Environmental Protection Agency (EPA) has initiated the first step in a new chemical evaluation prioritization process mandated by the Toxic Substances Control Act (TSCA). The TSCA now requires the EPA to identify 40 chemicals that will undergo a prioritization process to determine which substances require further evaluation and analysis of their safety risks.

Prioritization Process

The first step in the TSCA evaluation process took place when the EPA published a list of 40 chemicals in the Federal Register, which began a mandatory nine to 12-month evaluation for prioritization, and a 90-day period for public comment on the individual chemicals listed. Upon the completion of the 90-day public comment period, the 40 chemicals listed in the Federal Register will be designated as high or low priority. Chemicals deemed high priority will then go through a safety and risk analysis. Those deemed to be low priority will not be subjected to the second level analysis process. Chemicals that are initially designated as low priority can be moved to a high priority status later.

What Chemicals are Being Evaluated for Prioritization?

The TSCA has a current list of 40,000 chemicals, which include those substances that have one or more of the following criteria:

• Persistence and bioaccumulation scores of three or more
• Those with a known cancer risk to humans
• Chemicals with acute or chronic high toxicity levels

The 40 chemicals published in the Federal Register that are awaiting public comment and run the most risk of being deemed a high priority include:

• Seven chlorinated solvents
• Six phthalates, which are known to cause disruption to the normal hormonal balance in humans and are linked to other health complications
• Four flame retardant chemicals
• Formaldehyde
• One chemical used as a fragrance enhancer
• One polymer precursor

Prioritization levels will be determined after the 90-day period for public comment has expired.

What Happens After Prioritization?

For every chemical prioritized, the EPA is mandated to add another chemical to the prioritization process. This system will ensure that the process of evaluating chemicals for safety and public health risks continues and includes a thorough analysis of all possible safety risks. A spokesperson for the EPA released a statement that confirms the agency’s commitment to chemical safety and transparency to the public. The Frank R. Lautenberg Chemical Safety for the 21^st Century Act requires the EPA to conduct investigations into the safety and public health risks for chemicals used in manufacturing and processing, as defined by the TSCA.

Georgetown Chemical Exposure Lawyers at Jacobs & Crumplar, P.A. Represent Victims Exposed to Toxic Chemicals

If you or someone you know was injured by exposure to a toxic chemical or environmental material, you may be entitled to compensation. Call the Georgetown chemical exposure lawyers at Jacobs & Crumplar, P.A. at 302-656-5445, or contact us online to schedule a free consultation today. Our Wilmington and Georgetown, Delaware offices serve clients throughout Dover, New Castle County, and Sussex County.