Non-use of proper PPE when required is very rare
pose an unreasonable risk , in which case the submitter can commence manufacturing immediately , notwithstanding any remaining portion of the applicable review period . This is the determination innovators seek . Under the new polices , it is also the one least likely to be made .
New policies
The announcement in March said that the EPA is “ conducting an evaluation of its policies , guidance , templates , and regulations under the … TSCA new chemicals programme ” to ensure they “ adhere to statutory requirements ”. The agency identified several instances where its “ approach for making determinations and managing risks associated with new chemicals can more closely ” align with TSCA ’ s requirements “ to ensure protections for human health and the environment , including the use of SNURs and assumptions related to worker exposures ”. The announcement added that the EPA will , effective immediately , stop
issuing determinations of ‘ not likely to present an unreasonable risk ’ based on the existence of proposed SNURs . Rather than excluding reasonably foreseen conditions of use , the EPA said , “ Congress anticipated that EPA would review all conditions of use when making determinations on new chemicals and , where appropriate , issue orders to address potential risks ”. Going forward , when the EPA concludes that one or more uses may present an unreasonable risk or believes that it lacks the information needed to make a safety finding , it will issue an order to address those potential risks . The EPA stated that , as has been the “ long-standing practice ”, it intends to continue issuing SNURs following TSCA Section 5 ( e ) and 5 ( f ) orders for new chemicals to ensure the requirements imposed on the submitter via an order apply to any person who manufactures or processes the chemical in the future . This ensures that other manufacturers of the substance are held to the same conditions .
The second policy reversal relates to what many regard as the reasonable assumption that the use of PPE in the work place is a “ reasonably foreseen ” condition of use . Where the EPA identifies a potential unreasonable risk to workers that could be addressed with appropriate PPE and hazard communication , it will no longer assume that workers are protected adequately under the Occupational Safety and Health Administration ’ s ( OSHA ) worker protection standards and updated safety data sheets ( SDS ). Instead , it will identify the absence of worker safeguards as “ reasonably foreseen ” conditions of use and will mandate necessary protections through a TSCA Section 5 ( e ) order , as appropriate .
Discussion
These policy reversals are a big deal . The first policy change - that EPA will no longer employ the so-called ‘ nonorder SNUR ’ construction to regulate new chemicals without an order - was not entirely surprising . Since it was implemented under the Trump
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