On March 26, 2024, EPA published a proposed rule that would require manufacturers of sixteen chemical substances to submit a wide breadth of unpublished studies to the Agency.
If finalized, the rule would amend the list of chemicals subject to health and safety reporting located at 40 CFR 716.120 by adding the following:
- 4,4-Methylene bis(2-chloraniline) (CASRN 101–14–4)
- 4-tert-octylphenol(4-(1,1,3,3- Tetramethylbutyl)-phenol) (CASRN140– 66–9)
- Acetaldehyde (CASRN75–07–0)
- Acrylonitrile (CASRN 107–13–1)
- Benzenamine (CASRN 62–53–3)
- Benzene (CASRN 71–43–2)
- Bisphenol A (CASRN 80–05–7)
- Ethylbenzene (CASRN 100–41–4)
- Naphthalene (CASRN 91–20–3)
- Vinyl Chloride (CASRN 75–01–4)
- Styrene (CASRN 100–42–5)
- Tribomomethane (Bromoform) (CASRN 75–25–2)
- Triglycidyl isocyanurate; (CASRN 2451–62–9)
- Hydrogen fluoride (CARN 7664– 39–3)
- N-(1,3-Dimethylbutyl)-N′-phenyl-pphenylenediamine (6PPD) (CASRN 793– 24–8)
- 2-anilino-5-[(4-methylpentan-2-yl) amino]cyclohexa-2,5-diene-1,4-dione (6PPD-quinone) (CASRN 2754428–18– 5).
EPA proposed to prioritize five of the listed chemicals (underlined above) for TSCA section 6 risk evaluation in December 2023. The proposed rule also includes 10 chemicals EPA is considering including in its December 2024 initiation of prioritization. The last substance, a 6PPD transformation product, was included as a result of EPA’s decision to grant a citizen’s petition on 6PPD.
Pursuant to 40 CFR 716.10 and 716.50, the requested information would include studies on health and safety, environmental effects, physical-chemical properties, exposure, and degradation. Copies of unpublished studies, lists of known unpublished studies not in the submitter’s possession, and lists of ongoing studies would all be required. Copies of each study previously listed as ongoing would also be required upon completion, regardless of the study’s completion date.
Studies previously submitted to EPA pursuant to a requirement under TSCA would be exempted from the request. However, EPA proposes not to apply the typical exemption for persons manufacturing one of the 16 substances only as an impurity.
In addition to current manufacturers (including importers), persons who have manufactured or proposed to manufacture a listed substance within the past ten years would be required to submit the requested information. Comments on the proposed rule are due on May 28, 2024.