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Regulatory Flexibility for Small Entities

Potential SBAR Panel: Regulation of Persistent, Bioaccumulative and Toxic Chemicals under Section 6 of the Toxic Substances Control Act (TSCA)

What is the Implication of the Proposed Rulemaking on Small Entities?

Section 6 of the Toxic Substances Control Act (TSCA) requires EPA to address unreasonable risks resulting from the manufacture (including import), processing, distribution in commerce, and use of chemicals, as well as any manner or method of disposal of chemicals. TSCA section 6(h) requires EPA to take expedited regulatory action for certain persistent, bioaccumulative and toxic (PBT) chemicals from the 2014 update of the TSCA Work Plan for Chemical Assessments that meet a specific set of criteria.

Five PBT chemicals were identified for action by EPA according to statutory criteria. Entities potentially regulated by this rulemaking include: those who manufacture, process, distribute in commerce, use or dispose of any of the five PBT chemicals identified for expedited action. The five PBT chemicals are:

  • Decabromodiphenyl ethers (DecaBDE), used as a flame retardant in textiles, plastics, wiring insulation, and building and construction materials;
  • Hexachlorobutadiene (HCBD), used as a solvent in the manufacture of rubber compounds and as hydraulic, heat transfer or transformer fluid;
  • Pentachlorothiophenol (PCTP), used as a mercaptan (sulfur) cross-linking agent to make rubber more pliable in industrial uses;
  • Phenol, isopropylated, phosphate (3:1), used as a flame retardant in consumer products and as lubricant, hydraulic fluid, and other industrial uses; and
  • 2,4,6-Tris(tert-butyl) phenol, an antioxidant that can be used as a fuel, oil, gasoline or lubricant additive.  

How Can I Learn More?

While the opportunity to participate on this Panel has passed, you will have the chance to submit comments concerning this rulemaking during the standard public comment period commencing after publication of the notice of proposed rulemaking in the Federal Register. Updates about the rulemaking are available on the program page. From this page, you can determine when the NPRM will publish and, thus, when you will have an opportunity to comment on the rulemaking.

Semiannual updates about the development status of the rulemaking are available on: