WASHINGTON, D.C., March 20, 2019 - Today, the U.S. Environmental Protection Agency (EPA) announced its identification of twenty (20) chemicals as ‘high priority’ substances for risk evaluation under the federal Toxic Substances Control Act (TSCA). At the same time, EPA identified an additional twenty (20) chemicals that the Agency believes should be viewed as ‘low priority’ for risk evaluation because available information suggests they may be unlikely to pose unreasonable risks to human health or the environment.

“EPA’s action today fulfills one of EPA’s important obligations under the 2016 TSCA reform law,” said Bart Seitz, Baker Botts Environmental partner. “The 40 chemicals identified today will now undergo a ‘prioritization’ process at EPA during which the public will have 90 days to submit comments about whether a particular chemical should – or should not – be prioritized for risk evaluation. EPA must then issue a final decision on ‘high’ or ‘low’ priority status for these substances by December 2019,” Mr. Seitz further noted.

“EPA’s identification today of these ‘high priority’ and ‘low priority’ chemicals is just the first step toward the Agency determining whether they could pose an unreasonable risk. This process will continue over the coming months and years. Any substances designated in December 2019 as ‘high priority’ for risk evaluation will then undergo an extensive up to 3-year risk evaluation process that could result in the imposition of federal restrictions on the production and/or use of the chemical to address any ‘unreasonable risk’ scenarios,” said Mr. Seitz

Baker Botts’ Environmental lawyers are available to discuss EPA’s TSCA activities and what impact they may have on different industries.

To schedule an interview, please contact Sheena Cochran ([email protected]).

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