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EPA Assistant Administrator Gives Update on TSCA, Chemical Data Reporting

By | May 2019

Alexandra Dunn, assistant administrator for EPA’s Office of Chemical Safety and Pollution Prevention, told vinyl industry advocates on May 14 that the Environmental Protection Agency is working to ensure smooth implementation of key laws under its domain. She then turned her attention to the implementation of the Toxic Substances Control Act (TSCA) – and, specifically, to the Chemical Data Reporting (CDR) rule.

On TSCA overall, Dunn told participants at the Vinyl Industry Fly-that the agency expects some turbulence in the process. She noted, as one example, a current lawsuit pending before the Court of Appeals for the Ninth Circuit that was filed by environmentalists in Nevada. Dunn said that, despite the challenge, the agency plans to push forward with its efforts and is confident that the law will be implemented well.

Turning specifically to the CDR process, Dunn said that EPA is working to minimize the regulatory reporting burden, including putting in place more efficient filing procedures. She noted that the agency is currently reviewing the 10 chemicals on the list for risk evaluation. Dunn added that there is robust scientific data on these chemicals so that EPA will not have to rely on companies’ propriety information.

Next, Dunn noted that companies with chemicals on the confidential list will have to reassess under the new law whether or not their chemical names remain proprietary. As of now, approximately 7,000 of the 43,000 chemicals on the active list are confidential.

Wrapping up her remarks, Dunn acknowledged that EPA’s new chemical approval process (aka premanufacture notices or PMNs) is backlogged. She stressed that the agency is working to improve the process and is committed to completing 100 cases by September. Dunn added that the majority of the cases are on hold pending additional information from the submitter. That said, she said that the agency is focusing on finishing the 38 cases that are awaiting a final report and on ensuring that incoming cases are reviewed within the required 90-day period.

Dunn was one in a series of Washington insiders who provided updates on the legislative and regulatory landscape. The briefings provided context to vinyl industry members before they headed up to Capitol Hill for a day of meetings with lawmakers and their staffs.