EPA Takes Action on Phthalates & 3 Other Chemicals, Plans First "Chemicals of Concern" List
The Environmental Protection Agency has announced a series of intended actions on four chemicals EPA believes raise serious health or environmental concerns, including phthalates, short-chain chlorinated paraffins (SCCPs), polybrominated diphenyl ethers (PBDEs) and long-chain perfluorinated chemicals (PFCs).
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Plans 1st "Chemicals of Concern" List, Considering New Regulations
Among other things, EPA intends to establish a "Chemicals of Concern" list for the first time and is beginning a process that may lead to regulations requiring significant risk reduction measures to protect human health and the environment.
(Section 5(b)(4) of the Toxic Substances Control Act (TSCA) authorizes the EPA to compile and keep current a list of chemical substances with respect to which the EPA Administrator finds that the manufacture, processing, distribution in commerce, use, or disposal, or any combination of such activities, presents or may present an unreasonable risk of injury to health or the environment.)
Phthalates - Intends to Add 8 to "Concern" List, 6 to TRI, Consider New SNUR
Regarding phthalates, EPA intends to (partial list):
initiate a rulemaking in the fall of 2010 to add eight1 phthalates to the "Concern List", as chemicals that present or may present an unreasonable risk of injury to health or the environment;
initiate a rulemaking in late 2010 to add the six phthalates not already on the Toxics Release Inventory (TRI); and
consider rulemaking in late 2010/early 2011 to require manufacturers and processors of DnPP to notify EPA before it is manufactured or processed for a significant new use (SNUR).
(Phthalates are used in many industrial and consumer products, primarily as plasticizers in polyvinylchloride (PVC) products.)
SCCPs - Intends to Require Pre-Manufacture Notices, Possible Ban
Regarding SCCPs, EPA intends to (partial list):
require companies to submit Pre-Manufacture Notices for the SCCP (and possibly MCCP and LCCP2) fractions that are not on the TSCA Inventory and, if appropriate, initiate action under TSCA section 5 to address their potential risks;
consider initiating action under TSCA section 6(a) to ban or restrict the manufacture, import, processing or distribution in commerce, export, and use of SCCPs based on the persistence, bioaccumulation and toxicity of SCCPs and their presence in the environment.
(SCCPs are used as lubricants and coolants in metal cutting and metal forming operations and as secondary plasticizers and flame retardants in plastics.)
PBDEs - Intends to Add to "Concern" List, Support Phase-out of c-decaBDE, Propose New SNUR
Regarding PBDEs, EPA intends to (partial list):
initiate rulemaking in autumn 2010 to add commercial PDBE mixtures and/or the congeners they contain to the TSCA "Concern List" as chemicals that present or may present an unreasonable risk of injury to health or the environment;
support and encourage the voluntary phase-out of manufacture and import of the PDBE called c-decaBDE; and
initiate rulemaking to propose a TSCA SNUR requiring notice to EPA prior to the manufacture or import of articles to which c-pentaBDE or c-octaBDE have been added.
(PBDEs are used as flame retardants in a number of applications, including textiles, plastics, wire insulation, and automobiles.)
PFCs - Intends to Manage Long-Chain PFCs, Possibly Ban or Restrict Them
Regarding PFCs, EPA intends to (partial list):
consider initiating rulemaking under TSCA section 6 to manage long-chain PFCs; and
if, after further analysis EPA makes certain findings with respect to these chemicals, TSCA section 6 provides authority for EPA to ban or restrict the manufacture (including import), processing, and use of these chemicals.
(PFCs are used to provide non-stick surfaces on cookware, waterproof, breathable membranes for clothing, and oil, stain, and grease-resistant coatings on carpets, apparel, and paper.)
EPA Using All Possible Authority under "Outdated" TSCA, Wants Reform
EPA states that its actions represent its determination to use its authority under the existing Toxic Substances Control Act (TSCA) to the fullest extent possible, recognizing EPA's strong belief that the 1976 law is both outdated and in need of reform.
(In September 2009, EPA Administrator Jackson stated that legislation to strengthen TSCA was expected to be introduced "soon" and outlined six principles that EPA wants to have in it, including: risk-based reviews; manufacture-provided information on safe use of their chemicals; consideration of cost, substitutes, etc.; swift action on priority chemicals; encouraging "green chemistry"; and sustained funding. See ITT's Online Archives or 10/16/09 news, 09101625, for BP summary.)
1dibutyl phthalate (DBP), diisobutyl phthalate (DIBP), butyl benzyl phthalate (BBP), di-n-pentyl phthalate (DnPP), di (2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DnOP), diisononyl phthalate (DINP), and diisodecyl phthalate (DIDP).
2EPA intends to further evaluate whether medium-chain (MCCPs) and long-chain chlorinated paraffins (LCCPs) should also be addressed.
(See ITT's Online Archives or 12/14/09 and 12/01/09 news, 09121430 and 09120125, for BP summaries of Senate and House hearings on reforming TSCA.)
EPA press release (dated 12/30/09) available at http://yosemite.epa.gov/opa/admpress.nsf/bd4379a92ceceeac8525735900400c27/2852c60dc0f65c688525769c0068b219!OpenDocument
EPA Action Plans for all 4 chemicals (posted 12/30/09) available at http://www.epa.gov/oppt/existingchemicals/