On the recordJune 7, 2016
It is clear that the compromise directs EPA to systematically evaluate more chemicals than ever before. To help the Agency meet that objective, the compromise does two things. First, EPA can issue a test rule or order if it finds that a chemical substance may present an unreasonable risk to human health or the environment. In this case, an EPA order would be a final agency action subject to judicial review. EPA would be well-advised to consider the practice of issuing a `statement of need' similar to that required under section 4(a)(3) when using this authority. The section also provides EPA discretionary authority to require testing--by rule, order or consent agreement--when EPA determines that new information is necessary to review a pre-manufacture notice under section 5, to conduct a risk evaluation under section 6, or to implement rules or orders under those sections. The compromise also recognizes that EPA may need new information to prioritize a chemical substance for review, to assess certain exports, and at the request of another federal agency. To use this discretionary order authority, EPA must issue a `statement of need' that explains the need for new testing/exposure information. It must describe how available information has informed the decision to require new information, whether vertebrate animal testing is needed, and why an order is preferred to a rule. Section 4 of the compromise also requires EPA to use `tiered' screening and testing processes.…





