EPA Sends PBT TSCA Final Rule to OMB

Yesterday the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a final rule from the EPA on “Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulations of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)”.  The notice of proposed rulemaking for this action was published on November 24^th, 2023.

According to the Spring 2024 Unified Agenda entry for this rulemaking:

“The Environmental Protection Agency (EPA) is proposing revisions to the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. After receiving additional comments following the issuance of the 2021 PBT final rules, the Agency has determined that revisions to the decaBDE and PIP (3:1) regulations are necessary to address implementation issues and to reduce further exposures. As required under TSCA, these proposed requirements would, if finalized, reduce the potential for exposures to humans and the environment to decaBDE and PIP (3:1) to the extent practicable. The Agency is not proposing to revise the existing regulations for the other three PBT chemicals (2,4,6-TTBP, HCBD, and PCTP) at this time.”

The EPA has additional information available on their “Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under TSCA Section 6(h)” web page.

OMB Approves EPA Bioaccumulative Toxins NPRM

Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had approved a notice of proposed rulemaking (NPRM) for the EPA’s “Revisions to Regulations on Persistent, Bioaccumulative, and Toxic Chemicals Subject to the Toxic Substances Control Act (TSCA)”. The NPRM was sent to OIRA for review on July 21^st, 2023.

According to the Spring 2023 Unified Agenda entry for this 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.”

This NPRM may appear in the Federal Register this week. 

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)