EPA Seeks Small Businesses’ Feedback on Asbestos, Formaldehyde Risk Evaluations

EPA seeks representatives from small businesses, governments, and nonprofits to participate in two upcoming Small Business Advocacy Review (SBAR) panels. One panel will provide advice and recommendations that will inform the agency’s development of a proposed rule to address unreasonable risks associated with legacy uses of asbestos. These risks were identified in Part 2 of EPA’s risk evaluation of asbestos under the amended Toxic Substances Control Act. The other SBAR panel will provide the same function for EPA’s proposed rule addressing unreasonable risks identified in the TSCA risk evaluation of formaldehyde.

According to EPA’s call for nominations, the agency is in the early stages of developing regulations to protect public health from unreasonable risks associated with both substances as part of the risk management step in the TSCA process. Federal agencies are required under the Regulatory Flexibility Act to establish SBAR panels for proposed rules that may have significant economic impacts on small entities. While the panel is in session, a selected group of representatives will inform the panel members about potential effects the proposed rule may have on their company, government, or organization. In addition to the small entity representatives, the SBAR panels will include representatives from the Small Business Administration, the Office of Management and Budget, and EPA.

EPA is also beginning risk management activities for three other chemicals with recently completed TSCA risk evaluations: tris(2-chloroethyl) phosphate (TCEP), diisononyl phthalate (DINP), and diisodecyl phthalate (DIDP). The agency has not yet determined whether SBAR panels will be necessary for these chemicals.

EPA seeks self-nominations from small entities that may be subject to the proposed rules for asbestos or formaldehyde, as well as from trade organizations that exclusively or primarily represent affected small entities. Self-nominations to participate in the asbestos SBAR panel must be received by EPA by Sept. 7. Self-nominations for representatives to the formaldehyde SBAR panel must be received by Aug. 22. Further information is available on EPA’s website.