The U.S. Environmental Protection Agency (EPA) has filed an unopposed motion for voluntary remand in response to a legal challenge from Cherokee Concerned Citizens regarding a 2022 chemical regulation order under the Toxic Substances Control Act (TSCA). This remand would allow the EPA to reconsider 18 premanufacture notices (PMNs) submitted by Chevron USA, Inc. that were approved under the contested order.
EPA's Motion for Voluntary Remand
In a significant move, the U.S. Environmental Protection Agency (EPA) has requested a voluntary remand of a TSCA order it issued in August 2022, citing potential issues with the risk assessments conducted for 18 new chemical substances. The order, which had allowed Chevron to manufacture and distribute the substances, is now under review following a petition filed by Cherokee Concerned Citizens in April 2023. The EPA acknowledges that the initial assessments may have overestimated risks, warranting reconsideration of the order.
The EPA's filing comes after it identified possible errors in its original decision-making process, including the use of screening-level methods that may have produced conservative or inaccurate risk estimates. The motion suggests the agency will withdraw the contested order and undertake a more thorough analysis to comply with TSCA regulations.
Background of the Case
The legal dispute centers around the EPA’s handling of PMNs submitted by Chevron in 2021. Following its review, the EPA issued a Section 5(e) consent order, allowing Chevron to proceed with the manufacture of the chemicals, subject to certain conditions. However, the 2023 "Chevron Waste Plastics Risk Summary and Characterization" document raised concerns about the risk assessments used in the original decision. The Cherokee Concerned Citizens group challenged the order, arguing that it failed to sufficiently protect human health and the environment.
Procedural Developments
The case has progressed through several procedural stages since its filing. The EPA's initial motion to dismiss the petition as untimely was referred to a merits panel in February 2024. Since then, the EPA has indicated that ongoing internal deliberations may render the litigation unnecessary. The agency's request for voluntary remand suggests it will revise its assessments of the chemicals involved.
Implications of the Remand
If granted, the voluntary remand would effectively nullify the existing consent order, allowing the EPA to conduct a de novo review of Chevron’s PMNs. This process would consider both the concerns raised by the petitioners and new information presented in the 2023 risk characterization. The remand is seen as a practical resolution that could save resources for both the EPA and Cherokee Concerned Citizens while ensuring compliance with environmental safety standards.
