WDOE Petitions EPA to Eliminate Current Allowances for PCBs in Consumer Products

On January 4, 2024, the Washington Department of Ecology (WDOE) submitted a petition to the U.S. Environmental Protection Agency (EPA) under Section 21 of the Toxic Substances Control Act (TSCA) seeking a rulemaking to eliminate the current allowances for polychlorinated biphenyls (PCB) in consumer products. WDOE states that its research found that when PCBs are found in consumer products, “they are byproducts known to be associated with pigments, paints, or inks used in the manufacturing process.” According to WDOE, “[t]hese inadvertent PCBs currently allowed under TSCA directly expose people and contribute to PCB contamination in the environment.” Under TSCA Section 21, EPA must either grant or deny the petition within 90 days of receipt of the petition. EPA’s response is due April 3, 2024.