Chemical Safety

EPA has issued a draft TSCA evaluation of the synthetic rubber component 1,3-butadiene finding that inhalation exposure to the ubiquitous chemical poses unreasonable risk to the health of workers and the general population, just weeks after finalizing court settlements that set deadlines for that review and more than 20 others.

EPA has unveiled its long-awaited final TSCA evaluation of “legacy” asbestos uses, finding ongoing risk to workers and the general population from several asbestos fiber types and applications that were excluded from its Trump-era “Part 1” review -- and triggering a mandate for the incoming Trump administration to regulate those dangers.

Industry attorneys say the incoming Trump EPA will likely try to reverse a host of the Biden administration’s TSCA actions including chemical-specific rules and risk evaluations that aim to limit workplace chemical exposures, but could struggle to overcome legal barriers to quick rollbacks as well as a potential wave of court challenges to its efforts.

Three chemical-sector groups are pressing EPA not to prioritize hydrogen fluoride (HF) -- used as a catalyst in oil refineries and other industrial contexts -- for risk evaluation under TSCA despite renewed calls from the Chemical Safety and Hazard Investigation Board (CSB), saying OSHA standards and other rules already provide “comprehensive” protections.

Attorneys for both the chemical sector and environmentalists say the incoming Trump administration could shift evaluation and regulation of workplace chemical exposures under the reformed TSCA from EPA to OSHA -- a move one source says would deal a “crippling blow” to the toxics program.

A federal district judge has rejected a chemical manufacturer’s request to intervene in litigation setting deadlines for EPA to complete 20 overdue TSCA risk evaluations, ending the firm’s bid to block an imminent settlement that would require its final formaldehyde review by the end of December -- a timeline that industry has warned will improperly tie the incoming Trump administration to a flawed review and potentially force strict workplace limits.

Two industry groups are seeking to bolster allegations from the chemical sector that EPA’s TSCA rule for the solvent methylene chloride is unlawful, arguing that the agency’s claim of broad discretion to limit or ban chemical uses in order to protect workers is at odds with the Constitution and ignores Congress’s intended role for OSHA.

The Chemical Safety and Hazard Investigation Board (CSB) is renewing its calls for EPA to target hydrogen fluoride (HF) -- a highly toxic catalyst involved in several releases or near-misses in industrial accidents in recent years -- for possible regulation under TSCA, as the agency weighs candidates for its next “prioritization” cycle.

A three-judge 5th Circuit panel is letting stand automakers’ amicus brief opposing EPA’s landmark TSCA rule for chrysotile asbestos that EPA and public-health advocates attacked as improperly adding a host of new legal questions to the case, teeing up what could be complex arguments over which of the group’s claims are properly before the court.

Chemical-sector groups are urging EPA and the White House Office of Management and Budget (OMB) to ease the strict workplace exposure standard that the agency proposed in its TSCA rule for trichloroethylene (TCE), by either easing the final regulation or allowing for greater flexibility on enforcement.