Wednesday, December 13, 2023

EPA Sends 1-Bromopropane TSCA NPRM to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a notice of proposed rulemaking (NPRM) from the EPA on “1-Bromopropane (1-BP); Regulation Under the Toxic Substances Control Act (TSCA)”. Under the provisions of 15 USC 2605(c)(1)(A), this NPRM should have been published in August of 2021.

According to the Fall 2023 Unified Agenda entry for this rulemaking:

“This proposed rulemaking will address the unreasonable risk of injury to health presented by 1-bromopropane (1-BP). Section 6(a) of the Toxic Substances Control Act (TSCA) requires EPA address by rule any unreasonable risk identified in a TSCA risk evaluation and apply requirements to the extent necessary so the chemical no longer presents unreasonable risk. The Agency’s development of this rule incorporates significant stakeholder outreach and public participation, including over 40 external meetings as well as required Federalism, Tribal, and Environmental Justice consultations and a Small Businesses Advocacy Review Panel. EPA's risk evaluation for 1-BP, describing the conditions of use, is in docket EPA-HQ-OPPT-2019-0235, with the 2022 unreasonable risk determination and additional materials in docket EPA-HQ-OPPT-2016-0741.”

According to the EPA: “Products containing 1-BP include degreasers and cleaners, spray adhesives, spot removers, coin cleaners, paintable mold release, automotive refrigerant flushes, and lubricants.”

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