← American Industrial Hygiene Association (AIHA)
EPARulemakingEPA-HQ-OPPT-2025-0260

Procedures for Chemical Risk Evaluation Under the Toxic Substances Control Act (TSCA)

RIN
—
Last modified
Dec 31, 2025
Comment window
closed 263d ago
American Industrial Hygiene Association (AIHA) filings
1

Activity

American Industrial Hygiene Association (AIHA) filed 1 comment on this docket between Nov 11, 2025 and Nov 11, 2025. 70 other organizations filed here. The comment window closed 263d ago.

What American Industrial Hygiene Association (AIHA) filed (1)

Nov 11, 2025· Comment submitted by American Industrial Hygiene Association (AIHA)· EPA-HQ-OPPT-2025-0260-0106

See attached file for additional detail. AIHA's goal is to foster a partnership with EPA to capitalize on AIHA's networks, expertise and experience regarding TSCA to increase efficiency, decrease administrative and regulatory burden, decrease redundancy, and decrease costs, all while protecting worker health and safety. Need for Consideration of Controls and PPE in Risk Determinations EPA proposes to amend the language in 40 CFR 702.39(f)(2) to say "In determining whether unreasonable risk is presented, EPA's consideration of occupational exposure scenarios will take into account reasonably available information, including known and reasonably foreseen circumstances where subpopulations of workers are exposed due to the absence or ineffective use of personal protective equipment. EPA will not consider exposure reduction based on assumed use of personal protective equipment as part of the risk determination". EPA should utilize realistic assumptions about industrial hygiene (IH) programs and the use of exposure controls, engineering controls, administrative controls and the use of personal protective equipment (PPE) in real-world settings. EPA has used a baseline assumption for worker exposure in TSCA risk evaluations for occupational settings where hazardous chemicals are present that there is no industrial hygiene program, occupational exposure controls or risk management procedures in the workplace. This is an unrealistic assumption, and if this were the case, then this would create a very dangerous and hazardous workplace for workers. There is no clear precedent in regulatory risk assessment processes for such an approach during the risk evaluation phase, and there is no question that there is unreasonable risk of injury in such a situation. Instead, we know that OSHA regulated workplaces are mandated to evaluate chemical exposures, record keeping, training, PPE, etc. Consideration of Likely Exposure in Risk Determinations EPA proposes to amend 40 CFR 702.39(f)(3) to include a number of "risk-related factors included in the risk evaluation…In determining whether unreasonable risk is presented". Those factors include: "(i) The severity of the hazard (e.g., the nature of the hazard and irreversibility of the hazard); (ii) Exposure-related considerations (e.g., duration, intensity, and frequency of exposure); (iii) The population exposed (including any potentially exposed or susceptible subpopulations (PESS)); and (iv) The confidence in the information used to inform the hazard and exposure values, including an evaluation of the strengths, limitations, and uncertainties associated with the information used to inform the risk estimate and the risk characterization." Setting a Hazard Benchmark The preamble to the proposed rule discusses EPA's recent policy of developing an "occupational exposure value" and asks whether it should continue this practice (90 Fed. Reg. 45690 at 45707): "EPA requests comment on whether EPA should establish occupational exposure values, and, if so, whether EPA should do so as part of the risk evaluation for a chemical substance, or in the subsequent risk management rule, or both. If both, EPA requests comments on what considerations should be taken into account in moving from the value established as part of the risk evaluation to the value established during risk management". Revisions to EPA "One Chemical at a Time" Policy AIHA supports EPA's mission to protect worker and community health, but the 'one chemical at a time' framework creates unnecessary delays and burdens without improving worker protection. AIHA encourages EPA to adopt class- or category-based evaluations where scientifically justified. These categories could be use-based categories rather than chemical-based categories, or sector based categories. Making this change will streamline reviews, reduce redundancy, and accelerate protective action. Evaluating structurally or toxicologically similar chemicals together can bet…

View on regulations.gov →

Abstract

The Environmental Protection Agency (EPA) is proposing to amend the procedural framework rule for conducting risk evaluations under the Toxic Substances Control Act (TSCA). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use. EPA is reconsidering whether certain 2024 amendments to this procedural framework rule are consistent with the best reading of TSCA and whether they may impede the timely completion of risk evaluations and unnecessarily impair the effective and efficient protection of human health and the environment. Related to Dockets: EPA-HQ-OPPT-2016-0654 and EPA-HQ-OPPT-2023-0496

View on regulations.gov →

Co-filers (70)

See everyone who commented →