Late last December, U.S. Environmental Protection Agency (EPA) Administrator Lisa P. Jackson announced action plans on phthalates, long-chain chlorinated paraffins (LCCPs), and short-chain chlorinated paraffins (SCCPs). The four action plans are the first of many, as EPA intends to issue eight more or so in 2010. This EPA initiative announces actions that are almost breathtaking in scope, and its development and implementation of the action plan items will set a number of new precedents--and possibly shape future legislative proposals-- that industry will need to participate in and monitor closely. EPA has never previously announced so many actions under the Toxic Substances Control Act (TSCA), nor has it ever cited use of §6 so widely. Moreover, that it was issued in this form after being reviewed by the Office of Management and Budget is significant and portends potentially great and largely unfettered EPA activity in the months to come. A final point is to recognize EPA's decision to rely on the Office of Pollution Prevention and Toxics' (OPPT's) Design for the Environment (DfE) program to assist in conducting alternatives assessments for two of the chemical classes (phthalates and PBDEs). The DfE program's previous alternatives assessments have been open to participation by industry as well as other stakeholders in a forum that allows for complex issues and difficulties to be explained and addressed.

The action plans, discussed in more detail below, summarize available hazard, exposure, and use information; outline the risks that each chemical may present; and identify specific steps EPA is taking to address those concerns. According to EPA, "[a]s those actions begin, there will be opportunities for public and stakeholder comment and involvement." EPA states that its actions "represent its determination to use its authority under the existing TSCA to the fullest extent possible, recognizing EPA's strong belief that the 1976 law is both outdated and in need of reform."