Today, the U.S. Environmental Protection Agency (EPA) proposed significant new use rules (SNURs) for three flame retardants that the Agency is currently evaluating under the Toxic Substances Control Act (TSCA). The SNURs would ensure that no one could begin manufacturing or processing these chemicals for a significant new use without a complete EPA review and risk determination, and could help ensure that EPA’s risk evaluations for these chemicals include a consideration of such new uses.
EPA is currently conducting risk evaluations for tris(2-chloroethyl) phosphate (TCEP), 4,4’-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA), and triphenyl phosphate (TPP) under TSCA section 6. These chemicals are among 23 chemicals identified by EPA as High-Priority Substances or requested for evaluation by chemical manufacturers. As part of this process, EPA uses reasonably available information to identify and evaluate the conditions of use for each substance. EPA already identified numerous conditions of use for the three chemicals in its scope for the risk evaluations for TCEP, TBBPA, and TPP. These conditions of use would not be subject to these SNURs.
The proposed SNURs would complement EPA’s risk evaluations of these chemicals by ensuring that EPA is aware of and has the opportunity to review any new uses of these chemicals. Without this proposed rule, companies could initiate new uses or resume discontinued uses of these chemicals without notification to and review by EPA. Moreover, if EPA is notified of any new uses for these chemicals before the risk evaluations for these chemicals are complete, EPA could have an opportunity to consider them in the risk evaluations and any associated risk management.
The SNURs would require any entities intending to start manufacturing or processing these chemicals for a new use, including for a use that the Agency determined has been discontinued, to submit a notice to the Agency. EPA would then be required to conduct a robust review of health and safety information to determine if this use would present unreasonable risk to human health or the environment and put any necessary restrictions in place before the use could begin.
Going forward, EPA plans to consider SNURs for the phthalates, solvents, and other chemicals undergoing TSCA section 6 risk evaluations.
EPA will accept public comments on the proposed SNURs for 60 days following publication in the Federal Register via docket EPA-HQ-OPPT-2023-0012 at www.regulations.gov. EPA is particularly interested in comments on uses that should or should not be included in the SNUR. This information will help guide the Agency’s approach to assessing these chemicals and protecting human health and the environment.
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