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VII. Additional Specific Comments
A. Category of Chemical Substances
LCSA Section 6(b)(1)(A) specifically authorizes EPA to prioritize a category of chemical
substances in its prioritization process and EPA's proposed rule at Section 702.1(c) makes clear that
nothing in the prioritization procedures should be interpreted as a limitation on EPA's existing
TSCA Section 26(c) authority for EPA to take actions on categories of chemicals. The term
"category of chemical substances" was already defined in TSCA Section 26(c).
Therefore, it will underpin any prioritization of categories that EPA might undertake. "* EPA's
proposed prioritization process rule does not otherwise address the category issue, but ACC urges
EPA to take note that in the prioritization (and risk evaluation) contexts, chemicals in a category
may not all have the same hazards, applications or conditions of use, so there will be questions
about how EPA would address the hazard and use profiles in the prioritization context. It will be
critical for EPA to ensure that any category approach taken is science based. Further, it is very
important that EPA be transparent when it contemplates category approaches to prioritization so that
stakeholders can fully understand all the factors leading to EPA's consideration of a category of
chemicals for prioritizing for risk evaluations.
B. Inactive chemicals and new chemicals
EPA makes clear in the preamble that "all chemical substances listed on the TSCA Inventory
are subject to prioritization" and that it has authority to prioritize both new chemicals and inactive
chemicals for risk evaluations under Section 6." The Agency also notes, however, that EPA does
not expect new chemicals to be high priority candidates because EPA will be making risk
determinations about new chemicals under Section 5.
The Agency also notes that the Inventory Reset rulemaking will distinguish active from inactive
chemicals in commerce, which will "inform EPA's exposure judgments during the prioritization
process." ACC interprets EPA's discussion to suggest that prioritization of inactive chemicals is
anticipated to occur only in exceptional cases. Inactive chemicals, under the Inventory Reset
definition, will not have been in commerce for the past 10 years, so prioritization of these will likely
be reserved for "legacy" chemical issues, e.g., those whose disposal conditions may at some later
point in time suggest the need for an updated TSCA risk evaluation to derive a risk management
clean-up standard.
It is ACC's view, however, that the broader directive to EPA in the LCSA is to focus its
prioritization process on the designation of high and low priority chemicals that are active in
commerce; and that the scope of the risk evaluation should focus on chemicals under those
conditions of use that present the greatest or lowest potential for both toxicity and exposure.
TSCA 26(c) (15 U.S.C 2625(c)) defines "category of chemical substances" as a "group of chemical substances the members of which are similar in
molecular structure, in physical, chemical, or biological properties, in use, or in mode of entrance into the human body or into the environment, or the
members of which are in some other way suitable for classification as such for purposes of this chapter, except that such term does not mean a group of
chemical substances which are grouped together solely on the basis of their being new chemical substances."
82 Fed.Reg. at 4830.
7 82 Fed. Reg. at 4830.
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Source: https://www.industrydocuments.ucsf.edu/docs/jzbn0226

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