Your Position on Phthalates Wanted by the EPA

The U.S. Environmental Protection Agency (EPA) is getting ready to conduct Risk Evaluations on two phthalate chemicals, DIDP and DINP.  They are currently seeking public input about these phthalate chemicals.

The EPA has announced the availability of the draft scope documents for the manufacturer-requested risk evaluations of diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). 85 Fed. Reg. 7607785 Fed. Reg. 76072. EPA noted in its November 25, 2020, announcement that both DIDP and DINP “belong to a family of chemicals called phthalates and are commonly used as plasticizers in the production of plastic and plastic coating to increase flexibility.”

EPA seeks public input on the draft scope documents, which include the conditions of use to be included in the risk evaluations, the next step in the process. Comments on the draft scope documents are due January 11, 2021. EPA will use public comments to inform the final scope documents.

DIDP

According to the draft scope of the risk evaluation for DIDP, EPA plans to evaluate manufacturing (including importing); processing; distribution in commerce; industrial, commercial, and consumer uses; and disposal of DIDP in the risk evaluation…Consumer uses such as furnishing, cleaning, and treatment/care products were also identified.

DINP

According to the draft scope of the risk evaluation for DINP, EPA plans to evaluate manufacturing (including importing); processing; distribution in commerce; industrial, commercial, and consumer uses; and disposal of DINP…EPA identified industrial and commercial uses including automotive, fuel, agriculture, and outdoor use products and construction, paint, electrical, and metal products. Identified consumer uses include furnishing, cleaning, and treatment/care products.

Commentary

The draft scoping documents provide a first look into EPA’s approach to evaluating these two phthalates…EPA specifically excludes the use of both DIDP and DINP as components in food packaging from the risk evaluation because chemicals used as food additives (including as indirect food additives, such as a component of packaging) are, by definition in TSCA Section 3(2)(B)(vi), not chemical substances for TSCA (Toxic Substances Control Act) purposes…

Some members in the legal field are asking: What will be the preemptive effect on California’s ban on the use of these chemicals in toys if the EPA finds no unreasonable risk in that case?

Source: The U.S. Environmental Protection Agency and The National Law Review


 

Where to go to give public feedback:

-More information on the manufacturer requests for risk evaluations of DIDP and DINP is available in the EPA memorandum (dated August 19, 2019), “EPA Begins Comment Period on Manufacturer Requests for Risk Evaluation of DIDP and DINP, and Identifies Additional Conditions of Use.”

-Also see: diisodecyl phthalate (DIDP) and diisononyl phthalate (DINP). 85 Fed. Reg. 7607785 Fed. Reg. 76072

Contact EPA to ask a question or provide feedback on these phthalate chemicals