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EPA Releases Action Plan On Four Chemicals Under TSCA

As part of EPA’s efforts to enhance chemicals management under the Toxic Substances Control Act (TSCA), it has released action plans on four chemicals. EPA administrator, Lisa Jackson, in September, released a set of core principles to strengthen US chemical management laws and announced a comprehensive approach to enhance chemical management under existing laws.

The chemicals being targeted include phthalates, short-chain chlorinated paraffins, polybrominated diphenyl ethers (PBDEs) and perfluorinated chemicals, including PFOA. EPA had originally announced that Bisphenol A would be included in this initial list, however, it appears to be put on hold until the FDA makes an anticipated ruling.

EPA will use TSCA section 5(b)(4) authority to create a list of chemicals of concern. Additionally, EPA will be pursuing section 6 action, which allows the agency to choose from a variety of regulatory options, if it finds that a chemical ‘presents or will present an unreasonable risk.’ This authority has been widely criticized since EPA failed in its attempts to ban nearly all uses of asbestos in 1991.

Comments will be sought once regulatory action is pursued. More action plans can be expected in intervals of four months.