Small Business Environmental Roundtable, Nov 16, 2017

TO: Interested Persons

FROM: Kevin Bromberg, Assistant Chief Counsel;  David Rostker, Assistant Chief Counsel;  Tabby Waqar, Assistant Chief Counsel

SUBJECT: Next SBA Environmental Roundtable Meeting

The next U.S. Small Business Administration, Office of Advocacy Environmental Roundtable will be held to discuss the following topic at 10 a.m. on Thursday, November 16, 2017. The meeting will only be held via webconference and teleconference; in-person attendance is not an option for this meeting. Remote participation details will be provided when you RSVP. Send RSVP to


10–11 a.m.: Use Information for Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h)

Cindy Wheeler, Chemical Control Division, Office of Pollution Prevent and Toxics, Office of Chemical Safety and Pollution Prevention, U.S. Environmental Protection Agency

Roundtable meetings are open to all interested persons, with the exception of the press, in order to facilitate open and frank discussion about the impacts of Federal regulatory activities on small entities. Agendas and presentations are available to all, including the press. Anyone who wants to receive roundtable agendas or presentations, or to be included in the distribution list, should forward such requests to The purpose of these Roundtable meetings is to exchange opinions, facts and information and to obtain the attendees’ individual views and opinions regarding small business concerns. The meetings are not intended to achieve or communicate any consensus positions of the attendees.

Small Business Environmental Roundtable

Issue for Discussion

November 16, 2017

Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under TSCA Section 6(h)

The amended Toxic Substance Control Act requires EPA to take expedited regulatory action under section 6(a) for persistent, bioaccumulative, and toxic (PBT) chemicals from the 2014 update of the TSCA Work Plan for Chemical Assessments that meet the statutory criteria in section 6(h). Specifically, EPA is directed to move forward without completing a risk evaluation. The agency is required to propose a rule to reduce risks and exposures from these PBT chemicals no later than June 22, 2019, with a final rule to follow no more than 18 months later.

At this time, EPA has identified five PBT chemicals under the conditions specified by TSCA:

  1. Decabromodiphenyl ethers (DecaBDE), used as a flame retardant in textiles, plastics, wiring insulation, and building and construction materials;
  2. Hexachlorobutadiene (HCBD), used as a solvent in the manufacture of rubber compounds and as hydraulic, heat transfer or transformer fluid;
  3. Pentachlorothiophenol (PCTP), used as a mercaptan (sulfur) cross-linking agent to make rubber more pliable in industrial uses;
  4. Phenol, isopropylated, phosphate (3:1), used as a flame retardant in consumer products and as lubricant, hydraulic fluid, and other industrial uses; and
  5. 2,4,6-Tris(tert-butyl) phenol, an antioxidant that can be used as a fuel, oil, gasoline or lubricant additive.

EPA has established public dockets for each of the five PBT chemicals to collect information on exposure and use to inform the Agency’s rulemaking efforts. The deadline to submit information and public comments is December 9th, 2017.

Updated information:

EPA is extending until January 12, 2018, the public comment period to receive information on the five persistent, bioaccumulative and toxic (PBT) chemicals subject to section 6(h) of the Toxic Substances Control Act (TSCA). The comments were previously due on or before December 9, 2017.

EPA is interested in information from the public about these chemicals, including uses, products containing these chemicals, exposed populations, and alternatives to these chemicals. Information should be submitted on or before January 12, 2018.

Please submit relevant information, identified by the docket identification (ID) number associated with the relevant chemical:

  • Decabromodiphenyl ethers docket ID number EPA-HQ-OPPT-2016-0724
  • Hexachlorobutadiene, docket ID number EPA-HQ-OPPT-2016-0738
  • Pentachlorothiophenol, docket ID number EPA-HQ-OPPT-2016-0739
  • Phenol, isopropylated, phosphate (3:1), docket ID number EPA-HQ-OPPT-2016-0730
  • 2,4,6-Tris(tert-butyl) phenol, docket ID number EPA-HQ-OPPT-2016-0734

For more information, please visit EPA’s Assessing and Managing Chemicals website on the five PBTs at:

Read Advocacy’s regulatory alert on this topic here.