Saturday, July 22, 2023

EPA Sends PBT Update NPRM to OMB

Yesterday, the OMB’s Office of Information and Regulatory Affairs announced that it had received a notice of proposed rulemaking from the EPA on “Revisions to Regulations on Persistent, Bioaccumulative, and Toxic Chemicals Subject to the Toxic Substances Control Act (TSCA)”. According to the Spring 2023 Unified Agenda listing for the is rulemaking:

“The Toxic Substances Control Act (TSCA) directs EPA to take expedited action on certain persistent, bioaccumulative, and toxic (PBT) chemicals to address the risks of injury to health or the environment presented by the chemical substance and reduce exposure to the substance to the extent practicable. Consistent with that mandate, final risk management rules restricting the use of five PBT chemicals were issued in January 2021 and went into effect in February 2021. EPA is considering revisions to all five of the final rules to further reduce exposures, promote environmental justice, and better protect human health and the environment.”

The current PBT’s (and their regulation in 40 CFR) are:

DecaBDE (§751.405),

PIP (3:1) (§751.407),

2,4,6-TTBP (§751.409),

PCTP (§751.411), and

HCBD (§751.413)

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