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EPA/OCSPP RIN: 2070-AK34 Publication ID: Fall 2018 
Title: Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h) 
Abstract:

As part of EPA's continuing efforts to implement the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended the Toxic Substance Control Act (TSCA) with immediate effect upon its enactment on June 22, 2016, EPA is developing a proposed rule to implement TSCA section 6(h). TSCA section 6(h) directs EPA to issue regulations under section 6(a) for certain persistent, bioaccumulative, and toxic chemical substances that were identified in the 2014 update of the TSCA Work Plan. These regulations must be proposed by June 22, 2019, and issued in final form no later than eighteen months after proposal. Section 6(h) further directs EPA, in selecting among the available prohibitions and other restrictions in TSCA section 6(a), to address risks of injury to health or the environment that the Administrator determines are presented by the chemical substances and reduce exposure to the chemical substances to the extent practicable. EPA must develop an exposure and use assessment, but the statute explicitly states that a risk evaluation is not required for these chemical substances. EPA has identified five chemical substances for proposed action under TSCA section 6(h). These chemical substances are: decabromodiphenyl ether; hexachlorobutadiene; pentachlorothiophenol; phenol, isopropylated phosphate (3:1), also known as tris(4-isopropylphenyl) phosphate; and 2,4,6-tris(tert-butyl)phenol. Decabromodiphenyl ether is a flame retardant that has been widely used in textiles, plastics, adhesives and polyurethane foam. Hexachlorobutadiene is produced as a byproduct in the production of chlorinated solvents and has also been used as an absorbent for gas impurity removal and as an intermediate in the manufacture of rubber compounds. Pentachlorothiophenol is also used in the manufacture of rubber compounds. Phenol, isopropylated phosphate (3:1) is a flame retardant and is also used in lubricants and hydraulic fluids and in the manufacture of other compounds. 2,4,6-Tris(tert-butyl)phenol is an antioxidant that can be used as a fuel or lubricant and as an intermediate in the manufacture of other compounds.

 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: Undetermined 
EO 13771 Designation: Regulatory 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 15 U.S.C. 2605, TSCA 6   
Legal Deadline:
Action Source Description Date
Final  Statutory  Statutory: TSCA section 6(h)  12/22/2020 
NPRM  Statutory  Statutory: TSCA section 6(h)  06/21/2019 

Statement of Need: Decisions and related analysis are still in process and not available for this rule.

Summary of the Legal Basis: Decisions and related analysis are still in process and not available for this rule.

Alternatives: Decisions and related analysis are still in process and not available for this rule.

Anticipated Costs and Benefits: Decisions and related analysis are still in process and not available for this rule.

Risks: Decisions and related analysis are still in process and not available for this rule.

Timetable:
Action Date FR Cite
NPRM  06/00/2019 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: Yes 
RIN Information URL: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/frank-r-lautenberg-chemical-safety-21st-century-act-0#pbt  
RIN Data Printed in the FR: No 
Agency Contact:
Cindy Wheeler
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0484
Email: wheeler.cindy@epa.gov

Peter Gimlin
Environmental Protection Agency
Office of Chemical Safety and Pollution Prevention
1200 Pennsylvania Avenue NW, Mail Code 7404T,
Washington, DC 20460
Phone:202 566-0515
Fax:202 566-0473
Email: gimlin.peter@epa.gov