Notice2025-00730
Diisononyl Phthalate (DINP); Risk Evaluation Under the Toxic Substances Control Act; Notice of Availability
Primary source
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Published
January 15, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA or Agency) is announcing the availability of the final risk evaluation under the Toxic Substances Control Act (TSCA) for diisononyl phthalate (DINP) (1,2-Benzene- dicarboxylic acid, 1,2- diisononyl ester) (CASRN 28553- 12-0). The purpose of risk evaluations under TSCA is to determine whether a chemical substance presents an unreasonable risk of injury to health or the environment under the conditions of use, including unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant to the risk evaluation by EPA, and without consideration of costs or non-risk factors. EPA used the best available science to prepare this final risk evaluation and determined, based on the weight of scientific evidence, that DINP poses unreasonable risk to human health. Under TSCA, EPA must initiate risk management actions to address the unreasonable risk.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3828-3830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00730]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2018-0436; FRL-8806-04-OCSPP]
Diisononyl Phthalate (DINP); Risk Evaluation Under the Toxic
Substances Control Act; Notice of Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency (EPA or Agency) is
announcing the availability of the final risk evaluation under the
Toxic Substances Control Act (TSCA) for diisononyl phthalate (DINP)
(1,2-Benzene- dicarboxylic acid, 1,2- diisononyl ester) (CASRN 28553-
12-0). The purpose of risk evaluations under TSCA is to determine
whether a chemical substance presents an unreasonable risk of injury to
health or the environment under the conditions of use, including
unreasonable risk to potentially exposed or susceptible subpopulations
identified as relevant to the risk evaluation by EPA, and without
consideration of costs or non-risk factors. EPA used the best available
science to prepare this final risk evaluation and determined, based on
the weight of scientific evidence, that DINP poses unreasonable risk to
human health. Under TSCA, EPA must initiate risk management actions to
address the unreasonable risk.
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPPT-2018-0436, is available online
at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Additional information about dockets
generally, along with instructions for visiting the docket in-person,
is available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT:
For technical information: Todd Coleman, Existing Chemical Risk
Management Division (7404M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460-0001; telephone number: (202) 564-1208; email address:
<a href="/cdn-cgi/l/email-protection#b8dbd7d4ddd5d9d696ccd7dcdcf8ddc8d996dfd7ce"><span class="__cf_email__" data-cfemail="c6a5a9aaa3aba7a8e8b2a9a2a286a3b6a7e8a1a9b0">[email protected]</span></a>.
For general information: The TSCA-Hotline, ABVI-Goodwill, 422 South
Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404;
email address: <a href="/cdn-cgi/l/email-protection#53070010127e1b3c273f3a3d36133623327d343c25"><span class="__cf_email__" data-cfemail="db8f88989af693b4afb7b2b5be9bbeabbaf5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
This action is directed to the public in general and may be of
particular interest to those involved in the manufacture (defined under
TSCA section 3(9) to include import), processing, distribution, use,
and disposal of DINP, related industry trade organizations, non-
governmental organizations with an interest in human and environmental
health, State and local governments, Tribal Nations, and/or those
interested in the assessment of risks involving chemical substances and
mixtures regulated under TSCA. As such, the Agency has not attempted to
describe all the specific entities that this action might apply to. If
you need help determining applicability, consult the technical contact
listed under FOR FURTHER INFORMATION CONTACT.
B. What is the Agency's authority for taking this action?
The Agency conducted this risk evaluation under TSCA section 6, 15
U.S.C. 2605, which requires that EPA conduct risk evaluations on
chemical substances and identifies the minimum components EPA must
include in all chemical substance risk evaluations. Each risk
evaluation must be conducted consistent with the best available
science, be based on the weight of the scientific evidence, and
consider reasonably available information. 15 U.S.C. 2625(h), (i), and
(k). See also the implementing procedural regulations at 40 CFR part
702 and for more information about the TSCA risk evaluation process for
existing chemicals, go to <a href="https://www.epa.gov/assessing-and-managing-chemicals-under-tsca">https://www.epa.gov/assessing-and-managing-chemicals-under-tsca</a>.
C. What action is the Agency taking?
EPA is announcing the availability of the final risk evaluation
under TSCA for DINP. The purpose of risk evaluations under TSCA is to
determine whether a chemical substance presents an unreasonable risk of
injury to health or the environment under the conditions of use,
including unreasonable risk to potentially exposed or susceptible
subpopulations identified as relevant to the risk evaluation by EPA,
and without consideration of costs or non-risk factors. EPA has used
the best available science to prepare this final risk evaluation and,
based on the weight of scientific evidence, determined that DINP poses
unreasonable risk to human health. Upon a determination of unreasonable
risk, EPA must initiate risk management action as required
[[Page 3829]]
pursuant to TSCA section 6(a), 15 U.S.C 2605(a), to address the
unreasonable risk.
II. Background
A. What is DINP?
DINP is a common chemical name for the category of chemical
substances that includes the following substances: Di-isononyl
phthalate (DINP) (1,2-Benzene- dicarboxylic acid, 1,2- diisononyl
ester) (CASRN 28553-12-0 and 68515-48-0). Both CASRNs contain mainly C9
dialkyl phthalate esters. DINP is manufactured (including imported),
processed, distributed, and disposed as part of industrial, commercial,
and consumer conditions of use. DINP is used primarily as a plasticizer
to make flexible polyvinyl chloride (PVC). It is also used to make
building and construction materials; automotive articles; and other
commercial and consumer products including adhesives and sealants,
paints and coatings, and electrical and electronic products. DINP
production volumes are available through the TSCA Chemical Data
Reporting (CDR) rule under two associated CAS Registry Numbers
(CASRNs): 1) The production volume for CASRN 28553-12-0 in 2015 was
between 100 to 250 million pounds (lb.) and decreased to 50 to 100
million lb. in 2019 based on the latest 2020 CDR data; and 2) The
production volume for CASRN 68515-48-0 in 2015 ranged between 100 to
250 million lb. and changed to between 100 million and 1 billion lb. in
2019 based on the latest 2020 CDR data.
B. Summary of Activities for the Risk Evaluation of DINP
In May 2019, EPA received a request to conduct a risk evaluation
for DINP from ExxonMobil Chemical Company, Evonik Corporation, and
Teknor Apex, through the American Chemistry Council's High Phthalates
Panel (ACC HPP). In December 2019, EPA notified ACC HPP that the Agency
had granted the manufacturer requested risk evaluation (Ref. 1). In
November 2020, EPA released the draft scope of the DINP risk evaluation
(Ref. 2), and, after receiving public comments, issued the problem
formulation in August 2021 (Ref. 3). In May 2024, the Environmental
Hazard and Human Health Hazard technical support documents for DINP
were released for public comment and peer review by the Science
Advisory Committee on Chemicals (SACC) (Ref. 4). In September 2024, EPA
released a full draft risk evaluation for public comment (Ref. 5). The
draft documents and public comments are in docket ID number EPA-HQ-
OPPT-2024-0436.
The docket also includes a response to comments document (Ref. 6),
a non-technical summary of the final risk evaluation (Ref. 7), and the
final risk evaluation (Ref. 8).
III. Unreasonable Risk Determination
EPA has determined that DINP presents an unreasonable risk of
injury to human health under the COUs. EPA did not identify risk of
injury to the environment that would contribute to the unreasonable
risk determination for DINP. EPA has determined that the unreasonable
risk to human health presented by DINP is due to the following: (1)
Non-cancer effects (developmental toxicity) in female workers of
reproductive age from acute inhalation exposures; (2) Non-cancer
effects (liver effects) in female workers of reproductive age from
chronic aggregate exposures; and (3) Non-cancer effects (liver effects)
in workers from chronic and aggregate exposures. This unreasonable risk
determination is based on the information in the risk evaluation, the
appendices, and technical support documents of the risk evaluation in
accordance with TSCA section 6(b). It is also based on TSCA's best
available science (TSCA section 26(h)), weight of scientific evidence
standards (TSCA section 26(i)), and relevant implementing regulations
in 40 CFR part 702.
The COUs that EPA identified as significantly contributing to the
unreasonable risk from DINP include those that lead to exposures to
average adult workers, including female workers of reproductive age, in
scenarios in which unprotected workers used spray adhesives and
sealants or paints and coatings that contain DINP, because doing so
could create high concentrations of DINP in mist that an unprotected
worker could inhale.
Between release of the draft risk evaluation and finalization of
the DINP risk evaluation, EPA updated the risk determination to find
that four conditions of use (COUs) significantly contribute to the
unreasonable risk of DINP. These updates were based on new information
identified by EPA, information provided by public commenters, and
recommendations of the Science Advisory Committee on Chemicals (SACC).
These changes stem from consideration of (1) multiple factors impacting
occupational exposure during spray application; and (2) determination
that the liver effects associated with chronic exposure are relevant to
adult works, adult consumers, and adult members of the general
population, but not infants and children.
IV. Next Step Is Risk Management
Consistent with TSCA section 6(a), EPA will propose a risk
management regulatory action to the extent necessary so that DINP no
longer presents an unreasonable risk. EPA expects to focus its risk
management action on the COUs that significantly contribute to the
unreasonable risk. However, it should be noted that, under TSCA section
6(a), EPA is not limited to regulating the specific activities found to
drive unreasonable risk and may select from among a suite of risk
management requirements in TSCA section 6(a) related to manufacture
(including import), processing, distribution in commerce, commercial
use, and disposal as part of its regulatory options to address the
unreasonable risk. As a general example, EPA may regulate upstream
activities (e.g., processing, distribution in commerce) to address
downstream activities (e.g., consumer uses) driving unreasonable risk,
even if the upstream activities do not drive the unreasonable risk.
Like the prioritization and risk evaluation processes, there is an
opportunity for public comment on any proposed risk management actions.
V. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
1. EPA. Di-isononyl Phthalate (DINP); Manufacturer Request for
Risk Evaluation Under the Toxic Substances Control Act (TSCA).
Federal Register. 84 FR 42912, August 19, 2019 (FRL-9998-25-OCSPP).
2. EPA. Di-isononyl Phthalate (DINP); Draft Scope of the Risk
Evaluation To Be Conducted Under the Toxic Substances Control Act
(TSCA); Notice of Availability and Request for Comments. Federal
Register. 85 FR 76072, November 27, 2020 (FRL-10017-15-OSCPP).
3. EPA. Di-isononyl Phthalate (DINP); Final Scope of the Risk
Evaluation To Be Conducted Under the Toxic Substances Control Act
(TSCA); Notice of Availability. Federal Register. 86 FR 48693,
August 31, 2021 (FRL- 8806-01-OSCPP).
4. EPA. Di-isodecyl Phthalate (DIDP) and Di-isononyl Phthalate
(DINP); Science Advisory Committee on Chemicals (SACC) Peer Review
of Draft Documents; Notice of
[[Page 3830]]
SACC Meeting; Availability; and Request for Comment. Federal
Register. 89 FR 43847, May 20, 2024 (FRL-11760-02-OCSPP).
5. EPA. Di-isononyl phthalate (DINP); Draft Risk Evaluation
Under the Toxic Substances Control Act (TSCA); Notice of
Availability, Webinar and Request for Comment. Federal Register. 89
FR 71270, September 3, 2024 (FRL-8806-02-OCSPP).
6. EPA. Comment Summary and Responses for Di-isodecyl Phthalate
(DIDP) and Diisononyl Phthalate (DINP). December 2024.
7. EPA. Nontechnical Summary of the TSCA Risk Evaluation for Di-
isononyl Phthalate (DINP). December 2024. (EPA Publication ID No.
EPA-740-S-25-001).
8. EPA. TSCA Risk Evaluation for Di-isononyl Phthalate (DINP).
December 2024. (EPA Publication ID No. EPA-740-R-25-001).
Authority: 15 U.S.C. 2601 et seq.
Dated: January 7, 2025.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
[FR Doc. 2025-00730 Filed 1-14-25; 8:45 am]
BILLING CODE 6560-50-P
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