EPA Sets Up Next Round of Small Business Advocacy Review Panels, Seeks Input on Toxic Substances Control Act Next Steps

Release date August 8, 2025 

The U.S. Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profits to participate as Small Entity Representatives (SERs) providing advice and recommendations for two separate Small Business Advocacy Review (SBAR) Panels. One SBAR Panel will focus on the agency’s development of a proposed rule to address unreasonable risk identified in EPA’s Toxic Substances Control Act (TSCA) risk evaluation for asbestos part 2. A separate SBAR Panel will focus on the agency’s development of a proposed rule to address unreasonable risk identified in EPA’s TSCA risk evaluation for formaldehyde. 

Under TSCA, EPA is required to evaluate the potential risk of existing chemicals in commerce before taking action to address any unreasonable risk. The agency issued the asbestos part 2 final risk evaluation for legacy uses and associated disposals of asbestos including chrysotile asbestos and five additional asbestos fiber types in November 2024, showing unreasonable risk to human health, primarily for workers. The agency also issued the formaldehyde final risk evaluation in January 2025, showing unreasonable risk to workers and consumers under certain conditions of use. EPA is now beginning the next risk management step in the TSCA process and will draft regulations to protect public health from the unreasonable risks identified in the final risk evaluations. The agency is still determining if SBAR panels are necessary for tris(2-chloroethyl) phosphate (TCEP), diisononyl phthalate (1,2-benzenedicarboxylic acid, 1,2-isononyl ester) (DINP) and diisodecyl phthalate (DIDP). The TSCA risk evaluation for TCEP was completed in September 2024 and the TSCA risk evaluations for DINP and DIDP were completed in January 2025. These three chemicals will also be moving to risk management which is the next step in the TSCA process.  

The Regulatory Flexibility Act requires agencies to establish an SBAR Panel for rules that may have a significant economic impact on a substantial number of small entities. The SBAR Panels will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and the EPA. The members of the Panels ask a selected group of SERs to provide advice and recommendations on behalf of their company, government, or organization to inform the members of the Panels about potential impacts of the proposed rules on small entities. 

EPA seeks self-nominations directly from the small entities that may be subject to the requirements of these two rules. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs. 

• Nominate yourself as a SER for the asbestos part 2 SBAR Panel. Self-nominations must be received by September 7, 2025. 
• Nominate yourself as a SER for the formaldehyde SBAR Panel. Self-nominations must be received by August 22, 2025.
• Learn more about TSCA risk management and opportunities for stakeholder engagement.