EPA Issues Draft Revisions to its Risk Determination for Cyclic Aliphatic Bromide Cluster (HBCD) under the Toxic Substance Control Act

On December 29, 2021, EPA published a draft revision to its risk determination for Cyclic Aliphatic Bromide Cluster, also referred to as “HBCD.” Previously, in September 2020, EPA published a risk evaluation for HBCD, finalizing determinations of unreasonable risk for specific conditions of use based on risks to the environment, workers, and occupational non-users. These uses include import, processing, recycling, commercial use, consumer use, disposal of HBCD, and the use of HBCD in building and construction materials and exposure through demolition.

As a result of recent policy changes, EPA is replacing its condition of use-specific unreasonable risk determinations with a determination of unreasonable risk for HBCD as a whole chemical substance driven by certain condition of uses. Also, as part of the revision, EPA is removing the assumption of personal protective equipment use by workers which means that four of the six conditions of use that drive the unreasonable risk determination based on only risks to the environment are now also being proposed to drive unreasonable risk based on health risks to workers. These conditions of use include import, incorporation into formulation, mixture, or reaction products, incorporation into articles; and recycling of XPS and EPS foam, resin, and panels containing HBCD.

Comments are due on February 14, 2021.

Read the revised risk determination here and submit comments here.

Advocacy contact: Tabby Zeb at (202) 205-6790 or email at tayyaba.zeb@sba.gov.