Toxic Substances Control Act Developments

January 21, 2020
Carol F. McCabe, Esq. and Zachary J. Koslap, Esq.
MGKF Special Alert - Federal Forecast 2020

At the end of 2019, EPA announced the next twenty chemicals to undergo risk evaluation under TSCA. The twenty high priority chemicals that will undergo risk evaluation include seven chlorinated solvents, six phthalates, four flame retardants, formaldehyde, a fragrance additive, and a polymer precursor.  Under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended TSCA on June 22, 2016, EPA is required to carry out a prioritization process for chemical substances that may designed as high priority for risk evaluation.  In 2020, EPA plans to finalize the scoping documents for the twenty high priority chemicals, which will include the hazards, exposures, conditions of use, and the potentially exposed or susceptible subpopulations EPA expects to consider during each chemical’s risk evaluation.  Additionally, in early 2020 EPA expects to finalize the list of low-priority chemicals it proposed in August 2019.  A final designation of “low-priority” means that risk evaluation for a chemical substance is not warranted because the risks associated with the chemical are low.