On December 9, 2016, the U.S. Environmental Protection Agency (EPA) opened five dockets to collect information on five persistent, bioaccumulative, and toxic (PBT) chemicals. EPA requested information on uses, products containing these chemicals, exposed populations, and alternatives to these chemicals. These five chemicals were selected on October 11, 2016, to receive expedited action under Section 6(h) of the Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which requires EPA to take expedited regulatory action to address risks from certain PBT chemicals. The deadline to submit comments is fast approaching: December 9, 2017. The five chemicals and their corresponding dockets are:
- Decabromodiphenyl ethers (DecaBDE), used as a flame retardant in textiles, plastics and polyurethane foam — Docket ID No. EPA-HQ-OPPT-2016-0724;
- Hexachlorobutadiene (HCBD), used in the manufacture of rubber compounds and lubricants and as a solvent — Docket ID No. EPA-HQ-OPPT-2016-0738;
- Pentachlorothio-phenol (PCTP), used as an agent to make rubber more pliable in industrial uses — Docket ID No. EPA-HQ-OPPT-2016-0739;
- Tris (4-isopropylphenyl) phosphate, used as a flame retardant in consumer products and other industrial uses — Docket ID No. EPA-HQ-OPPT-2016-0730; and
- 2,4,6-Tris(tert-butyl)phenol, used as a fuel, oil, gasoline or lubricant additive — Docket ID No. EPA-HQ-OPPT-2016-0734.
In August 2017, EPA provided background information for each of the five PBT chemicals in the form of use documents which provide a preliminary summary of available information collected by EPA on the manufacturing (including importing), processing, distribution in commerce, use, and disposal of each chemical. Amended TSCA gives EPA three years to propose rules to reduce risks and exposures from these PBT chemicals to the extent practicable (until June 22, 2019), and EPA must issue the rules in final within 18 months of when they are proposed.
More information on the PBTs is available on our blog under keyword PBTs.