Chemical Safety

An industry law firm is urging companies to be ready to report workplace monitoring data for the five chemicals EPA has targeted for TSCA’s prioritization process, warning that regulators may assume any sectors that have not sent such data will be unable to implement new exposure limits and should have their uses of the substances banned instead.

Trade groups are urging EPA to rewrite not only its proposed TSCA exposure limit for trichloroethylene (TCE) but also its broader approach to crafting existing chemical exposure limits (ECELs) under the toxics law, arguing that the current process is “opaque” and must at minimum go through a public peer review.

EPA is requiring chemical manufacturers and processors to report all data they possess on “significant adverse human health and environmental effects” from exposure to the industrial chemical 4,4'-Methylene bis(2-chloroaniline) (MBOCA), invoking a little-used power requiring employers to submit information on worker harms gathered as long as 30 years ago.

EPA’s proposal to change how TSCA chemical evaluations consider workers’ use of personal protective equipment (PPE) is drawing starkly different interpretations from industry and a labor-environmental coalition, with each side insisting that the agency is enacting the other’s preferred approach and demanding a reversal.

EPA has released a draft TSCA evaluation of the flame retardant tris(2-chloroethyl) phosphate (TCEP), finding that nine of 20 uses the agency considered contribute to unreasonable risk from the “whole chemical” and floating a workplace limit for airborne exposures -- measures that if finalized could support broad regulation under the toxics law.

EPA staff are weighing whether individual industrial sectors can “effectively administer” stringent workplace chemical exposure limits as they craft the agency’s ongoing raft of TSCA risk management rules amid a barrage of objections from industry that the proposals are too strict, according to one source with knowledge of the toxics program’s work.

The semiconductor industry is urging the White House to limit workplace safety provisions in EPA’s upcoming TSCA rule for the solvent n-methylpyrrolidone (NMP) to codifying the sector’s existing practices, arguing that those safeguards already reduce exposures to near zero.

An industry attorney is highlighting novel language in EPA’s proposed TSCA rule for the solvent trichloroethylene (TCE) that requires companies to limit worker exposures only “to the extent possible” as evidence that its occupational exposure standard is unworkably strict, underlining likely objections to the policy from trade groups and employers.

EPA has sent its proposed TSCA rule governing the solvent n-methylpyrrolidone (NMP) to the White House Office of Management and Budget (OMB), likely teeing up renewed battles over the Trump-era risk evaluation and any workplace exposure limit based on it, after industry groups asked the agency to rewrite the review over alleged scientific errors.

In an early sign of how EPA will defend its TSCA proposal phasing out uses of trichloroethylene (TCE), the agency is arguing in supporting documents that less-stringent alternatives backed by industry groups would be impractical -- including a statement that the rule’s short-term worker protections are not “feasible” over the long term.