Small Business Environmental Roundtable – November 17, 2023

The next Office of Advocacy Environmental Roundtable will be held virtually on November 17, 2023, from 1 PM – 3 PM ET on the Microsoft Teams platform. The discussion will focus on the U.S. Environmental Protection Agency’s proposed regulations on Trichloroethylene (TCE) and on its procedures for developing risk evaluations under the Toxic Substances Control Act (TSCA).

To register for this roundtable, complete the online form via Microsoft Virtual Events to receive a Microsoft Teams link.


AGENDA

I. Welcome and Introductions
Dave Rostker, Assistant Chief Counsel, Office of Advocacy

II. Trichloroethylene; Regulation under the Toxic Substances Control Act
W. Caffey Norman, Squire Patton Boggs LLP

III. Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act
Javaneh Tarter, Hunton Andrews Kurth LLP
IV. Adjourn

Roundtable meetings are open to all interested persons and are intended to facilitate an open and frank discussion about issues of interest to small business. These meetings are off the record and not intended for press purposes. Direct quotations of presenters or attendees may not be used without direct written approval of the person(s) making the statement. All press inquiries should be sent to Chandler Baxter at chandler.baxter@sba.gov. Agendas and presentations are available to all.


Topics Summary

  • Trichloroethylene (TCE); Regulation under the Toxic Substances Control Act (TSCA). On October 31, 2023, EPA published a proposed rule to ban the manufacture (including import), processing, and distribution in commerce of TCE for all uses, with longer compliance timeframes and workplace controls (including an exposure limit) for some processing and industrial and commercial uses until the prohibitions come into effect. The proposed risk management rule is based on EPA’s November 2020 TSCA section 6 risk evaluation, as amended by the January 2023 final revised risk determination for TCE, and EPA’s determination that TCE presents an unreasonable risk of injury to human health under its conditions of use. The comment period closes on December 15, 2023.
  • Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA).  On October 30, 2023, EPA published a proposed rule to amend the procedural framework for conducting risk evaluations under TSCA. The purpose of risk evaluations is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use. EPA has been reworking the procedural framework for conducting such risk evaluations since the beginning of the Biden Administration. It has previously determined that certain aspects of the framework needed to be changed, and it has implemented some of these changes through policy statements since 2021. EPA is now engaged in rulemaking to codify these and other changes to the framework. The comment period closes on December 14, 2023.