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J. J. Keller protects people and the businesses they run. You can trust our expertise across a wide range of subjects relating to labor, transportation, environmental, and worker safety. Our deep knowledge of federal and state agencies is built on a strong foundation of more than 100 editors and consultants and 70+ years of regulatory compliance experience.

EPA to re-evaluate exposures and risks to fenceline communities

March 16, 2022

On January 21, 2021, EPA released a proposed screening level methodology to evaluate potential chemical exposures and associated risks to fenceline communities in Toxic Substances Control Act (TSCA) risk evaluations. Fenceline communities are those near industrial facilities which may be exposed to chemicals over long periods of time.

Under the previous administration, the first 10 risk evaluations under TSCA generally did not assess air, water, or disposal exposures to the general population. EPA believes that exclusion failed to meet TSCA’s statutory direction to evaluate exposures to “potentially exposed or susceptible subpopulations,” including fenceline communities. The current Administration reversed that policy in June 2021.

EPA developed a screening methodology to examine whether the previous decision to exclude air and water exposure pathways from risk evaluations could increase risks to fenceline communities. EPA says the proposed methodology uses reasonably available data, information, and models to:

  • Quantify environmental releases,
  • Evaluate exposures to fenceline communities, and
  • Characterize risks associated with such releases and exposures for certain air and water pathways not previously evaluated in published risk evaluations.

EPA’s next steps

The screening level methodology will next go through public and peer review, including by the Science Advisory Committee on Chemicals (SACC). EPA will use this feedback to modify the proposed methodology, as appropriate.

EPA will use the methodology to identify any risks to fenceline communities from the air and water pathways that were not assessed for seven of the first ten chemicals for which EPA previously published risk evaluations. Once the screening methodology for a substance is completed, EPA will determine whether the risk management action being considered would address any unreasonable risks to fenceline communities that the methodology may have identified.

As a hypothetical example, if the proposed methodology identifies an unreasonable risk to fenceline communities (one that cannot be addressed through the risk management rule based on the previously-published risk evaluation), EPA could supplement the risk evaluation with additional analysis before proposing a risk management action.

For the next 20 chemicals undergoing risk evaluation and beyond, EPA plans to expand this first version of the framework by including a method to address potential environmental justice concerns and cumulative or aggregate exposures to chemicals.

Key to remember: EPA proposed a methodology for evaluating risks to fenceline communities, and will re-evaluate some previously-published risk evaluations by considering additional exposure pathways.


Publish Date

March 16, 2022

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Industry News

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Related Topics

Toxic Substances Control Act - EPA

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