The amendments to the Toxic Substances Control Act (TSCA), which took effect on June 22, 2016, clarify that a three-stage process—prioritization, risk evaluation, and risk management—is used to ensure the safety of existing chemical substances and to ensure that the evaluation or management is conducted within the scope of practical feasibility. To support the EU's circular economy policy, the CEO of ECHA, the governing body of REACH, stated that a balance needs to be found in managing valuable materials, recyclable materials, and hazardous substances that need to be phased out. A decision needs to be made on whether to implement new regulations specifically for managing recyclable materials. Current regulatory tools prioritize restricting hazardous chemicals from entering the raw material cycle. The European Environment Bureau (EEB) recommends that existing regulations should effectively and consistently prioritize encouraging safe substitutions, including: • Prioritization: According to the final rule signed by the US Environmental Protection Agency (EPA) on June 22, 2017, and published on July 20, which came into effect on September 18, a risk-based screening procedure was established to prioritize the risk assessment of chemical substances. Factors considered include the potential hazards and exposures of the chemical (including persistence, bioaccumulation, exposure to potential or susceptible subgroups, storage near important drinking water sources, etc.), conditions of use, and volume of use (manufacturing, processing), etc. • Risk Assessment: The final rules for risk assessment also came into effect on September 18th this year, coinciding with the prioritization rules. Substances prioritized as high priority by the aforementioned criteria then enter the risk assessment phase. During this phase, the TSCA requires the EPA to determine, within the defined use context, whether the substance poses an unreasonable risk to health or the environment. This also considers subgroups that may be at higher risk than the general public, such as young children or workers.
• Risk Management: Once the EPA determines that a chemical poses an unreasonable risk, it must publish risk management guidelines, including chemical labeling, operator notification obligations, and even restrictions or bans. When assessing risk management measures, the EPA considers factors such as human health and environmental impact, the benefits and economic impact (including national, small business, and technological innovation) of the regulatory measures, and must also incorporate the actual current situation when considering the cost-benefit analysis of regulations. The three-stage procedures described above are interconnected, forming a cohesive framework. The U.S. Environmental Protection Agency (EPA) announced on December 19, 2016, the first 10 substances requiring risk assessment, including asbestos, N-methylpyrrolidone (NMP), 1,4-dioxane, and hexabromocyclododecane (HBCD), officially initiating a three-year risk assessment period. Within the first six months, the risk assessment scope for each substance will be defined, incorporating the potential hazards and exposures under conditions of use, including persistence, bioaccumulation, exposure to potential or susceptible populations, and whether it is stored near important drinking water sources. Source: International Chemical Policy Advocacy Network (2017-11-06)
