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The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued an October 26th Notification of Audit (“Notification”) styled:
Toxic Substances Control Act’s New Chemicals Review Process
The Notification is transmitted from Tina Lovingood, OIG Pollution Control and Clean Up Directorate, Office of Audit to Michal Ilana Freedhoff, EPA Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
The Toxic Substances Control Act (“TSCA”) addresses the production, importation, use, and disposal of specific chemicals.
Congressional amendments to TSCA several years ago were enacted which included provisions addressing:
- Creation of a new system for EPA to evaluate managed risks with chemicals already in the market
- Deadlines for EPA to take actions (i.e., risk evaluations must be completed within three years)
- Ensure user fees paid to EPA are used for chemical management activity
- Provide limited preemption of state law
- Maintain protection of confidential business information
The October 26th Notification states that OIG plans to begin fieldwork on an audit of EPA’s process for conducting reviews of new chemicals under TSCA. The objective is described as determining:
. . . the extent to which EPA is using and complying with applicable records-management requirements, quality-assurance requirements, and employee performance standards to review and approve new chemicals under the Toxic Substances Control Act to manage human health and environmental risks.
OIG states it plans to conduct work with the EPA Office of Chemical Safety and Pollution Prevention at agency headquarters.
A copy of the Notification can be downloaded here.
