The Environmental Protection Agency (EPA) has just proposed to assign chemical review priorities for 40 chemicals, as required by the 2016 Amendments to the Toxic Substances Control Act (TSCA; the “Frank R. Lautenberg Chemical Safety for the 21st Century Act”). As required by the 2016 Amendments, the proposal identifies 20 high priority chemicals for evaluation within three years, and 20 low priority chemicals that do not require further evaluation. Once each evaluation is completed, EPA is to determine appropriate regulatory requirements. Organizations that manufacture, process or use any of these chemicals should follow the rulemaking and evaluation process(es), and consider possible substitutes in order to reduce hazards and possible regulatory changes after completion of each relevant evaluation.
Which Chemicals Are High Priority For Evaluation?
EPA is proposing to list 20 high priority chemicals, for accelerated evaluation within the next 3 years. These chemicals (with their Chemical Abstracts Service (CAS) number) are:
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1,3-Butadiene (CAS 106–99–0)
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Butyl benzyl phthalate (BBP) (1,2-Benzenedicarboxylic acid, 1-butyl 2-(phenylmethyl) ester) (CAS 85–68–7)
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Dibutyl phthalate (DBP) (1,2-Benzenedicarboxylic acid, 1,2-dibutylester) (CAS 84–74–2)
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1,1-Dichloroethane (CAS 75–34–3)
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1,2-Dichloroethane (CAS 107–06–2)
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1,2-Dichloropropane (CAS 78– 87–5)
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Dicyclohexyl phthalate (1,2- Benzenedicarboxylic acid, 1,2- dicyclohexyl ester) (CAS 84–61–7)
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Di-ethylhexyl phthalate (DEHP) (1,2-Benzenedicarboxylic acid, 1,2- bis(2-ethylhexyl) ester) (CAS 117– 81–7)
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Di-isobutyl phthalate (DIBP) (1,2- Benzenedicarboxylic acid, 1,2-bis(2- methylpropyl) ester) (CAS 84–69–5)
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Ethylene dibromide (Ethane, 1,2- dibromo-) (CAS 106–93–4)
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Formaldehyde (CAS RN 50–00–0)
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1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8- hexamethylcyclopenta [g]-2-benzopyran (HHCB) (CAS 1222–05–5)
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4,4′-(1-Methylethylidene)bis[2, 6- dibromophenol] (TBBPA) (CAS 79– 94–7)
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o-Dichlorobenzene (Benzene, 1,2- dichloro-) (CAS 95–50–1)
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p-Dichlorobenzene (Benzene, 1,4- dichloro-) (CAS 106–46–7)
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Phosphoric acid, triphenyl ester (TPP) (CAS 115–86–6)
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Phthalic anhydride (1,3- Isobenzofurandione) (CAS 85–44–9)
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trans-1,2- Dichloroethylene (Ethene, 1,2-dichloro-, (1E)-) (CAS 156–60–5)
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1,1,2-Trichloroethane (CAS 79–00–5)
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Tris(2-chloroethyl) phosphate (TCEP) (Ethanol, 2-chloro-, 1,1′,1″- phosphate) (CAS 115–96–8)
Each chemical is subject to a separate rulemaking docket, where EPA will collect and evaluate information and comments.
Which Chemicals Are Low Priority and So Not Subject to Evaluation?
EPA is proposing to list 20 low priority chemicals, which will not be evaluated further under this TSCA process. These chemicals (with their CAS number) are:
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1-Butanol, 3-methoxy-, 1-acetate (CAS 4435–53–4)
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D-gluco-Heptonic acid, sodium salt (1:1), (2.xi.)- (CAS 31138–65–5)
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D-Gluconic acid (CAS 526–95– 4)
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D-Gluconic acid, calcium salt (2:1) (CAS 299–28–5)
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D-Gluconic acid, .delta.-lactone (CAS 90–80–2)
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D-Gluconic acid, potassium salt (1:1) (CAS 299–27–4)
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D-Gluconic acid, sodium salt (1:1) (CAS 527–07–1)
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Decanedioic acid, 1,10-dibutyl ester (CAS 109–43–3)
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1-Docosanol (CAS 661–19–8)
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1-Eicosanol (CAS 629–96–9)
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1,2-Hexanediol (CAS 6920–22– 5)
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1-Octadecanol (CAS 112–92– 5)
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Propanol, [2-(2- butoxymethylethoxy)methylethoxy]- (CAS 55934–93–5)
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Propanedioic acid, 1,3-diethyl ester (CAS 105–53–3)
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Propanedioic acid, 1,3-dimethyl ester (CAS 108–59–8)
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Propanol, 1(or 2)-(2- methoxymethylethoxy)-, acetate (CAS 88917–22–0)
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Propanol, [(1-methyl-1,2- ethanediyl)bis(oxy)]bis- (CAS 24800–44–0)
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2-Propanol, 1,1′-oxybis- (CAS 110–98–5)
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Propanol, oxybis- (CAS 25265– 71–8)
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Tetracosane, 2,6,10,15,19,23- hexamethyl- (CAS 111–01–3)
Each chemical is subject to a separate rulemaking docket, where EPA will collect and evaluate information and comments.
What Now?
EPA published its proposal in the Federal Register on March 21, 2019, with public comments due by June 19. After that, EPA will determine a final list. That will start the three year period during which these priority evaluations are to be completed, at which time EPA is to publish its results and determination what if any additional regulatory requirements and restrictions to provide. Readers will note that the next US Presidential election is in less than two years; depending who wins the follow-up regulatory provisions may reflect President Trump’s priorities or those of his successor.
If your organization manufactures, processes or uses a chemical that’s just been proposed for high priority review, you should prepare to evaluate your use. In doing so, you should consider whether you can replace a listed chemical with lower hazard substitutes. That would reduce the hazards of your operations and outputs, and may ease compliance requirements after 2022.
Self-Evaluation Checklist
Does the organization manufacture, process, or use any chemical that EPA has just proposed for high priority risk assessment?
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If so, has the organization reviewed its activities involving any such chemical, for present hazards and possible substitution?
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Is the organization participating in the public comment opportunity between now and June 19?
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Is the organization tracking any of the regulatory dockets involving one or more of these chemicals?
Does the organization manufacture, process, or use any chemical that EPA has just proposed for low priority risk assessment?
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If so, has the organization reviewed its activities involving any such chemical, for present hazards and possible substitution?
Where Can I Go For More Information?
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EPA’s webpage for chemical risk prioritization
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EPA proposal (3/21/19 Federal register)
Specialty Technical Publishers (STP) provides a variety of single-law and multi-law services, intended to facilitate clients’ understanding of and compliance with requirements.
About the Author
Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 25 years.
Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).
Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).
You may contact Mr. Elliott directly at: tei@ix.netcom.com