The U.S. Environmental Protection Agency (EPA) plans to issue at least one final and six proposed rules to control chemicals that it has deemed could pose unreasonable risk by the end of the year. The final rule will control ongoing uses of chrysotile asbestos, and the proposed rules will be for six solvents: 1-bromopropane, carbon tetrachloride, methylene chloride, n-methylpyrrolidone, perchloroethylene, and trichloroethylene. Bloomberg Law covered Principal Ryan Carra’s (Washington, DC) thoughts on these developments in “Coming Rules to Offer Insight on EPA’s Chemical Control Methods”.

Ryan urged companies that manufacture goods, including cars, electronics, and appliances, to pay attention to the proposed regulations that could affect them. He mentioned that the European Union took the lead in regulating chemicals in manufactured goods, but under the amended Toxic Substances Control Act (TSCA), EPA will have increased its activity in that arena.

Ryan also highlighted that chemical and other manufacturers will have multiple opportunities to apply for exemptions allowed by TSCA. EPA can exempt a specific way a chemical is used if it finds the chemical is potentially harmful to the country’s economy or national security; or if the chemical provides a substantial benefit to health, the environment, or public safety, he added.

Ryan noted that some exemption requests have already been made. He also said that exemptions can be sought before a proposed rule is issued, after its issuance, or after a rule is finalized.

Ryan said that, if not granted, requests for exemptions offered now and during the comment period will become part of the rulemaking history, and added that they can be used if lawsuits must be filed challenging the final regulation.

Beveridge & Diamond’s Chemicals Regulation practice group and Chemicals industry group provide strategic, business-focused advice to the global chemicals industry. We work with large and small chemical companies whose products and activities are subject to EPA’s broad chemical regulatory authority under TSCA and state chemical restrictions. For more information, please contact the authors.