Under the Toxic Substances Control Act (TSCA), in 2012, the U.S. Environmental Protection Agency (EPA) began assessing existing chemicals for risks to human health and the environment and, in October 2014, published the first update to the TSCA Work Plan for Chemical Assessments.

In the beginning, back in 2012, the EPA first used several sources to identify chemicals meeting prioritization factor criteria as potential candidates for review, a process that initially identified 1,235 chemicals. Next, the chemicals were screened to determine if any chemicals should be excluded due to other factors, including: 

  • Not being subject to TSCA or already regulated under TSCA,
  • Radioactivity,
  • Complex process streams, or
  • Natural occurrence or other factors.

That screening left 345 chemicals on the list of potential candidates. These chemicals were then screened again and scored according to three characteristics: hazard, exposure (including exposure during use), and potential for persistence and bioaccumulation. The scoring specifically focused on those chemicals that met one or more of the following requirements:

  • Potential concern for children’s health (for example, because of reproductive or developmental effects),
  • Neurotoxic effects,
  • Persistent, bioaccumulative, and toxic,
  • Probable or known carcinogens,
  • Used in children’s products or in products to which children may be highly exposed, or
  • Detected in biomonitoring programs.

After this step, a list of 83 chemicals were identified for assessment based on their potential to cause human or environmental harm.

In the 2014 update to the TSCA Work Plan, the EPA is using more recent chemical information submitted in 2012 under the Chemical Data Reporting (CDR) Rule, as well as 2011 data reported to the Toxics Release Inventory (TRI). Using this information, the 345 chemicals identified in 2012 were rescreened. In addition, the EPA screened “Action Plan” chemicals that were not included in the 2012 assessments, as well as two chemical flame retardants identified by the EPA during its development of a flame-retardant strategy.

According to the EPA, Action Plan chemical identification is “the most important component” of the enhanced chemical management program and serves as an expedited process for:

  • Identifying chemicals that pose a concern to the public,
  • Moving quickly to evaluate them and determine what actions need to be taken to address the risks they may pose, and
  • Initiating appropriate action.

To determine whether a chemical requires development of an Action Plan, the EPA uses the hazard, use, and exposure information available to determine applicability with multiple factors, including chemicals:

  • Identified as persistent, bioaccumulative, and toxic;
  • In high-production volume;
  • In consumer products;
  • Potentially of concern for children’s health because of reproductive or developmental effects;
  • Subject to review and potential action in international forums;
  • Found in human biomonitoring programs; and
  • In categories generally identified as being of potential concern in the new chemicals program.

Following these assessments, the EPA has removed 15 of the original chemicals in the TSCA Work Plan for Chemical Assessments, consolidated 1 chemical, and added 23 chemicals to the 2014 update to the TSCA Work Plan for Chemical Assessments. Among these are 5 Action Plan chemicals or groups that were added. Another 5 Action Plan Chemicals were not added for different reasons, such as their use was discontinued or they did not meet necessary parameters defined above. The following chemicals and chemical groups were added:

  • Bisphenol A (BPA)—Ranked high for hazard and exposure;
  • Decabromodiphenyl ether (decaBDE)—Ranked high for hazard, exposure, and persistence/bioaccumulation;
  • Hexabromocyclododecane (HBCD)—Ranked high for hazard, exposure, and persistence/bioaccumulation;
  • Nonylphenols and nonylphenol ethoxylates (NP/NPE)—Ranked high for hazard and exposure; and
  • A group of seven phthalates, including dibutyl phthalate (DBP), butyl benzyl phthalate (BBP), di(2-ethylhexyl) phthalate (DEHP), di-n-octyl phthalate (DnOP), di-isononyl phthalate (DINP), di-isodecyl phthalate (DIDP), and di-isobutyl phthalate (DIBP)—Ranked high for hazard and exposure. (An eighth phthalate, di-n-pentyl phthalate (DnPP), was not added because it is no longer in commerce.)

An additional five possible Action Plan chemicals were assessed and not added for reasons such as receiving moderate and low rankings for different parameters, effectively being managed through other programs, and/or they are no longer produced or imported into the United States. In some cases, however, the EPA plans to continue monitoring the chemicals through regulatory channels (like the Significant New Use Rule (SNUR)) and by gathering additional data.

The EPA also added 10 chemicals that in 2012 were “considered of moderate priority,” but have been given higher scores based on more recent data from the 2012 Chemical Data Reporting (CDR) Rule and 2011 data reported to the Toxics Release Inventory (TRI). The EPA found these chemicals are “being domestically produced or imported in greater quantities and are being used in a larger variety of consumer and children’s products, leading to an increase in their exposure score and a subsequent increase in their final score to ‘high’ under Step 2 of the screening process….” These chemicals and their readjusted scores are:

Chemical Hazard Score Environmental Persistence and Bioaccumulation Score Exposure Score
Barium carbonate 3—Acutely toxic 1—Low persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
1,3-Butadiene 3—Known human carcinogen 1—Moderate persistence and low bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
3,3’-Dichlorobenzidine 3—Probable human carcinogen 2—Moderate persistence and low bioaccumulation potential 2—Consumer product narrow use, lower likelihood of exposure
Dicyclohexyl phthalate 3*—Acute and chronic aquatic toxicity 1—Low persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
2-Dimethylaminoethanol 3—Acute toxicity 1—Low persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
2,5-Furandione 3*—Acute and chronic aquatic toxicity 1—Low persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
2-Hydroxy-4-(octyloxy)benzophenone 3*—Acute and chronic aquatic toxicity 1—Low persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
4,4′-(1-Methylethylidene) bis[2,6-dibromophenol] (TBBPA) 3*—Acute aquatic toxicity 2—High persistence and low bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
Molybdenum and Molybdenum Compounds 1—Chronic toxicity 3—High persistence and moderate bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure
Pentachlorothiophenol 3—Acute and chronic aquatic toxicity 3—High persistence and bioaccumulation potential 3—Consumer product widely used, high likelihood of exposure

An * indicates the score is based solely on environmental toxicity

In addition, two chemicals that were not screened in 2012, triphenyl phosphate (TPP) and isopropylated phenol, phosphate (iPTPP), which are flame retardant chemicals, were added. Of the original 83 Work Plan chemicals, 13 were removed in 2014 because data show they are not currently in commerce; however, the EPA will continue to review data on them for future assessment.

Three additional “special cases” were removed, including:

  • Mercury, for which the EPA already has hazard data and risk reduction efforts in place;
  • Quartz, which is managed by the health and safety regulations; and
  • Polycyclic aromatic hydrocarbons (PAHs), which will be assessed as a group under the creosote assessment.

For more information or assistance with your Environmental and Health & Safety regulatory compliance needs, contact Ralph Carito at Total Environmental & safety, LLC (Total) at rcarito@TotalEnviron.com or 908-442-8599.