EPA Publishes Proposed Rule on PBT Chemicals

On June 21, 2019, the U.S. Environmental Protection Agency (EPA) published a new rule to decrease exposure to several persistent, bioaccumulative, and toxic (PBT) chemicals. Designed to restrict their manufacture, importing, processing, and distribution, the proposed ruling focuses on the chemicals decaBDE, PIP (3:1), 2,4,6-TTBP, HCBD, and PCTP.

Persistent, Bioaccumulative, and Toxic Chemicals

The proposed rule includes a variety of information for the PBTs discussed (e.g., uses, relevant regulatory actions, corresponding hazard statements).

  • decaBDE (decabromodiphenyl ether)
    • The proposed rule would restrict its manufacture, importing, processing, and distribution with the exception of several instances (e.g., new aircraft parts, automobile replacement parts, recycled plastics).
    • EPA’s Hazard Statement:
    • “DecaBDE is toxic to aquatic invertebrates, fish, and terrestrial invertebrates. Data indicate the potential for developmental, neurological, and immunological effects, general developmental toxicity and liver effects in mammals. There was some evidence of genotoxicity. There was some evidence of carcinogenicity.”
  • PIP (3:1) (phenol, isopropylated, phosphate (3:1))
    • Aside from its potential use in aviation hydraulic fluid, lubricants, and motor vehicle parts, the proposed rule would constrain its in-commerce processing and distribution.
    • EPA’s Hazard Statement:
    • “PIP (3:1) is toxic to aquatic plants, aquatic invertebrates, sediment invertebrates and fish. Data indicate the potential for reproductive and developmental effects, neurological effects and effects on systemic organs, specifically adrenals, liver, ovary, and heart in mammals.”
  • 2,4,6-TTBP (2,4,6-tris(tert-butyl)phenol)
    • Under the proposed rule, its distribution (or distribution of any product containing it) in containers smaller than 55 gallons in size would not be allowed, for example, to prevent its use as a fuel additive.
    • EPA’s Hazard Statement:
    • “2,4,6-TTBP is toxic to aquatic plants, aquatic invertebrates, and fish. Data indicate the potential for liver and developmental effects.”
  • HCBD (hexachlorobutadiene)
    • Following review of its use conditions, the EPA is proposing no action for the chemical as other environmental laws cover exposure to it.
    • EPA’s Hazard Statement:
    • “HCBD is toxic to aquatic invertebrates, fish, and birds. Data indicate the potential for renal, liver, and developmental effects in mammals. HCBD has been identified as a possible human carcinogen.”
  • PCTP (pentachlorothiophenol)
    • The proposed rule would restrict its manufacture, processing, and distribution at by-weight concentrations in excess of one percent.
    • EPA’s Hazard Statement:
    • “PCTP is toxic to protozoa, fish, terrestrial plants, and birds. Data for analogous chemicals (pentachloronitrobenzene and hexachlorobenzene) indicate the potential for liver effects in mammals and systemic (body weight) effects for PCTP in mammals (no repeated-dose animal or human epidemiological data were identified for PCTP).”

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