On November 22, 2024, the U.S. District Court for the District of Columbia entered two consent decrees establishing deadlines for completing risk evaluations for 20 High-Priority Chemicals and two manufacturer-requested risk evaluations (MRRE). The Community In-Power and Development Association Inc. (CIDA), v. EPA, Case No. 1:23-cv-02715. As reported in our May 10, 2024, memorandum, CIDA, the Learning Disabilities Association of America, Louisiana Environmental Action Network, Sierra Club, and Texas Environmental Justice Advocacy Services (CIDA Plaintiffs) filed suit in the U.S. District Court for the District of Columbia on September 18, 2023, and the American Chemistry Council (ACC) filed suit in the same court on December 19, 2023. The CIDA Plaintiffs and ACC claim that the U.S. Environmental Protection Agency (EPA) failed to perform non-discretionary duties under the Toxic Substances Control Act (TSCA) to complete timely several risk evaluations. The cases were consolidated on January 17, 2024. Under the consent decree with the CIDA Plaintiffs, EPA will complete its risk evaluations for the High-Priority Chemicals in accordance with the following schedule:

• EPA shall transmit to the Office of the Federal Register notices of availability of draft risk evaluations for at least six of the High-Priority Chemicals, including a draft risk evaluation for 1,3-butadiene, by no later than December 31, 2024. EPA issued its draft risk evaluation on December 2, 2024, and more information will be available in a forthcoming memorandum;
• EPA shall transmit to the Office of the Federal Register notices of availability of final risk evaluations for three of the High-Priority Chemicals, identified as tris(2-chloroethyl) phosphate (TCEP), formaldehyde, and 1,1-dichloroethane, by no later than December 31, 2024;
• EPA shall transmit to the Office of the Federal Register a notice of availability of draft risk evaluation for at least one of the remaining High-Priority Chemicals by no later than March 31, 2025;
• EPA shall transmit to the Office of the Federal Register notices of availability of final risk evaluations for seven of the remaining High-Priority Chemicals, one of which shall be 1,3-butadiene, by no later than December 31, 2025; and
• EPA shall transmit to the Office of Federal Register notices of availability of final risk evaluations for the remaining ten High-Priority Chemicals by no later than December 31, 2026.

Under the consent decree with ACC, EPA will complete its risk evaluations for the MRRE chemicals in accordance with the following schedule:

• EPA shall transmit a notice of availability of final risk evaluation for di-isodecyl phthalate (DIDP) to the Office of the Federal Register by no later than December 31, 2024; and
• EPA shall transmit a notice of availability of final risk evaluation for di-isononyl phthalate (DINP) to the Office of the Federal Register by no later than January 15, 2025.