EPA Issues Draft Risk Evaluation for Flame Retardant TCEP

In a significant development on December 14, 2023, the U.S. Environmental Protection Agency (EPA) released its draft risk evaluation for Tris(2-chloroethyl) phosphate (TCEP), a flame retardant widely used in paints, coatings, textiles, and aerospace applications. This is a crucial step under the Toxic Substances Control Act (TSCA) and opens the door for public comment.

Unprecedented Findings: Unreasonable Risks to Health and Environment

EPA's draft risk evaluation, based on the latest scientific evidence, has preliminarily found that TCEP poses unreasonable risks to both human health and the environment. This finding comes as the first among the 20 High-Priority Substances prioritized in 2019. EPA's improved risk evaluation process includes a thorough assessment of potential exposure risks to sensitive subpopulations such as workers, children, and subsistence fishers.

TCEP Background: A Chemical with Lingering Threats

TCEP, which has a long history of use in various industries, has been linked to serious health effects, including kidney cancer, reproductive issues, neurological disorders, developmental challenges, and kidney-related effects. Despite a substantial reduction in U.S. production since 2014, TCEP still finds application in certain paints, coatings, and aerospace products. Importantly, its non-chemical binding to materials allows it to leach into the environment, raising concerns about water, sediment, soil, and air contamination.

Worker Risks and Consumer Exposure

For workers, the EPA assessment identified unreasonable risks from both inhalation and dermal exposure, even without assuming universal and proper use of Personal Protective Equipment (PPE). Consumer exposure, particularly through inhalation and ingestion, reveals risks associated with TCEP leaching from textiles and products into indoor air. Children may be at increased risk if they are frequently exposed to TCEP-containing materials.

Environmental Impact: Fish, Water, and Subsistence Fishers at Risk

The presence of TCEPs in water can lead to its accumulation in fish, posing unreasonable risks to those who consume them. Subsistence fishers and tribal populations, who rely heavily on fish for food and cultural practices, face elevated risk. EPA's evaluation also includes environmental impact on aquatic organisms chronically exposed to TCEP through surface water and sediment.

Call for Action: Public Comment and Peer Review

EPA's draft risk evaluation is now open for public comment until January 5, 2024. Interested parties can participate via the docket EPA-HQ-OPPT-2023-0265 on www.regulations.gov. Additionally, a virtual preparatory meeting on March 5, 2024, will precede the letter peer review by independent scientific experts that will start on March 13, 2024. The Agency encourages the submission of specific exposure information to help refine the risk estimates for the final evaluation.

Next Steps

Should EPA conclude in the final risk evaluation that TCEP poses unreasonable risks, the Agency is committed to taking swift action. This includes the development of risk mitigation options to safeguard both human health and the environment.