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EPA Opens Public Comment Period for Two Manufacturer Requests for Risk Evaluations, Continues to Meet TSCA Commitments

For Release: August 16, 2019

EPA is continuing to fulfill the commitments of the Lautenberg Act amendments to the Toxic Substances Control Act (TSCA) by opening a public comment period for manufacturer requests for the risk evaluations of two chemicals used in plastic production, DIDP and DINP. The manufacturer-requested risk evaluations of DIDP and DINP are among the first such evaluations of this kind to be requested under TSCA. EPA is also taking public comments on additional conditions of use the Agency identified to include in the risk evaluations.

Under the Lautenberg Act amendments to TSCA, chemical manufacturers can now request that EPA conduct a risk evaluation on a specific chemical. By giving manufacturers the opportunity to prioritize, identify, and request the evaluation of chemicals and conditions of use of interest to them, EPA is encouraging sensible and timely assessment of chemicals in the marketplace.

Upon publication of the Federal Register notice, comments may be submitted in DIDP’s docket, EPA-HQ-OPPT-2018-0435, and DINP’s docket, EPA-HQ-OPPT-2018-0436, on www.regulations.gov for 45 days.

EPA encourages comments on any information not included in the manufacturer requests that the commenters believe would be needed to conduct a risk evaluation. EPA also welcomes any other information relevant to the Agency’s proposed determinations of the conditions of use, including information on other conditions of use of the chemical than those included in the manufacturer request or in EPA’s proposed determinations.

After the comment period closes, the Agency will review the comments and either grant or deny the requests to conduct risk evaluations within 60 days. If these requests are granted, the manufacturers would be responsible for half the cost of the risk evaluations.

Learn more about the manufacturer requests for EPA to conduct risk evaluations for DIDP and DINP and EPA’s proposed additional conditions of use.

Learn more about manufacturer requests for risk evaluation.

Background

On May 24, 2019, EPA received a manufacturer request to conduct a risk evaluation of diisodecyl phthalate (DIDP) from ExxonMobil Chemical Company and a manufacturer request to conduct a risk evaluation of diisononyl phthalate (DINP) from ExxonMobil Chemical Company, Evonik Corporation, and Teknor Apex (both through the American Chemistry Council’s High Phthalates Panel).

On June 13, 2019, EPA found both requests to be facially complete. Under 40 CFR 702.37(e)(1), no later than 60 business days after receiving a request that EPA has determined to be facially complete, EPA is required to (1) submit for publication in the Federal Register the receipt of the request, (2) open a public docket for the request, and (3) provide no less than 45 calendar days for public comment.