EPA Seeks Small Businesses Input on Risk Management Rulemakings for Carbon Tetrachloride and TCE

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SERs) to provide advice and recommendations to two Small Business Advocacy Review (SBAR) panels. There will be one panel for carbon tetrachloride and one panel for trichloroethylene (TCE). Each will focus on the agency’s development of proposed rules to address unreasonable risks identified in EPA’s recently completed Toxic Substances Control Act (TSCA) risk evaluations for these chemicals.

Under TSCA, EPA is required to evaluate the risks associated with exposure to existing chemicals in commerce using the best available science then take action to address any unreasonable risks identified. The agency issued a final risk evaluation for carbon tetrachloride in November 2020, showing unreasonable risks to workers under certain conditions of use. The agency also issued a final risk evaluation for TCE in November 2020, showing unreasonable risks to workers and consumers under certain conditions of use. EPA is now moving to the risk management step in the TSCA process by working to draft regulations to protect public health from the unreasonable risks identified in the final risk evaluations.

The Regulatory Flexibility Act requires agencies to establish a SBAR panel for rules that may have a significant economic impact on a substantial number of small entities. The SBAR panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA.

SERs will be selected by the SBAR Panels to provide comments on behalf of their company, community, or organization and advise the panels on the potential impacts of the proposed rules on small entities. EPA is seeking self-nominations directly from the small entities that may be subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

SERs provide advice and recommendations to the panels. The SERs participate in consultations with the SBAR Panels via telephone, webinar, or in person in one or two meetings and are given an opportunity to submit written comments to the Panels. Self-nominations may be submitted through the link below and must be received by December 14, 2020.

In addition to engaging with small businesses, EPA is executing a robust outreach effort on risk management that includes formal consultations with state and local governments, tribes, and environmental justice communities. There will also be an open public comment on any draft risk management regulations.