ACC Submits Notice of Intent to File Suit for EPA to Complete Manufacturer-Requested Risk Evaluations for DINP and DIDP
The American Chemistry Council (ACC) announced on September 20, 2023, that together with the Texas Chemical Council, it submitted a 60-day notice of intent to file suit for the U.S. Environmental Protection Agency’s (EPA) failure to complete manufacturer-requested risk evaluations (MRRE) for diisononyl phthalate (DINP) and diisodecyl phthalate (DIDP) under the Toxic Substances Control Act (TSCA). ACC states that EPA failed to complete the MRREs by TSCA’s mandatory deadline of three years and six months from the date EPA initiated these risk evaluations. According to ACC, EPA initiated a risk evaluation for DINP on January 2, 2020, after receiving a request from Evonik Corporation, ExxonMobil Chemical Company, and Teknor Apex through ACC’s High Phthalates Panel. EPA initiated a risk evaluation for DIDP on January 2, 2020, after receiving a request from ExxonMobil Chemical Company through ACC’s High Phthalates Panel. ACC notes that EPA should have completed the MRREs for these two phthalates by July 2, 2023. More information on the final scope documents for DINP and DIDP is available in our September 3, 2021, memorandum.