Recently, EPA released the action plan to identify a number of actions on EPA's consideration under the Toxic Substances Control Act (TSCA). The action plan on Nonylphenol (NP) and Nonylphenol Ethoxylates (NPEO) are summarized as follows:
EPA is initiating both voluntary and regulatory actions to manage potential risks from NP and NPEO. EPA intends to: 1. Support and encourage the ongoing voluntary phase-out of NPEO in industrial laundry detergents. The phase out has already begun, and would end the use of NPEO in industrial laundry detergents by 2013 for liquid detergents and 2014 for powder detergents. In addition, EPA intends to encourage the manufacturers of all NPE-containing direct-release products (e.g., firefighting gels and foams, dust-control agents and deicers) to move to NPE-free formulations.
2. Initiate rulemaking to simultaneously propose a significant new use rule (SNUR) under TSCA section 5(a) and a test rule for NP and NPEO under TSCA section 4. The proposed SNUR would designate use of NPEO in detergents and cleaning products a significant new use, which would require submission of a significant new use notice (SNUN) to EPA at least 90 days before beginning that use. EPA intends to evaluate how releases and exposures are mitigated through the phase-out action; and would finalize any proposed testing actions accordingly.
3. Consider initiating rulemaking under TSCA section 5(b) (4) to add NP and NPEO to the Concern List of chemicals that present or may present an unreasonable risk of injury to health or the environment.
4. Initiate rulemaking to add NP and NPEO to the Toxics Release Inventory, which would require facilities to report releases of these chemicals to the environment.