Proposed Significant New Use Rule for Certain Non-ongoing Uses of Three Flame Retardants
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Rule Summary
EPA is proposing significant new use rules (SNURs) for three flame retardants undergoing TSCA section 6 risk evaluations: tris(2-chloroethyl) phosphate (TCEP), CASRN 115-96-8; 4,4’-(1-methylethylidene)bis[2, 6-dibromophenol] (TBBPA), CASRN 79-94-7; and triphenyl phosphate (TPP), CASRN 115-86-6.
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.
Persons subject to the SNURs would be required to notify EPA at least 90 days before commencing any manufacturing (including import) or processing of the chemical substance for a significant new use. Once EPA receives a notification, EPA must review and make an affirmative determination on the notification, and put in place restrictions as necessary to address any unreasonable risk before the manufacture (including import) or processing for the significant new use can commence.
EPA is separately conducting risk evaluations of TCEP, TBBPA, and TPP under their respective conditions of use, pursuant to TSCA section 6(b)(4)(A) (15 U.S.C. 2605(b)(4)(A)). Through scoping and subsequent information gathering activity for the risk evaluations, EPA identified conditions of use of TCEP, TBBPA, and TPP to consider in the risk evaluations. The conditions of use identified by EPA and evaluated in the TSCA section 6 risk evaluations are not proposed to be designated as significant new uses and therefore would not require a Significant New Use Notice (SNUN) submission to the Agency.
Rule History
TSCA Section 5(a) SNURs can be used to require notice to EPA before chemical substances and mixtures are used in new ways that might create concerns. Under section 5(a) EPA can determine that a use of a chemical substance is a “significant new use.”
Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a) requires persons to submit a notice to EPA at least 90 days before they manufacture (including import), or process the chemical substance for that use.
When EPA receives this notice, the Agency must assess risks that may be associated with the significant new use, including risks to potentially exposed or susceptible subpopulations; make a determination under the statute; and, if appropriate, regulate the proposed activity before it occurs.
Although a specific evaluation of hazard is not required under TSCA section 5(a), EPA considered hazard in determining which chemicals would be subject to this SNUR.
Additional Resources
Read the full Federal Register notice at docket EPA-HQ-OPPT-2023-0012 on www.regulations.gov.