EPA Finds Flame Retardant TCEP Poses Unreasonable Health and Environmental Risks

The EPA has determined that TCEP poses significant health and environmental risks, particularly to susceptible populations and through specific industrial and consumer uses, and will propose regulatory measures to mitigate these risks.

The U.S. Environmental Protection Agency (EPA) has released its final risk evaluation for TCEP (tris(2-chloroethyl) phosphate) and determined that it poses an unreasonable risk to human health and the environment. This determination follows an extensive assessment of TCEP’s exposures and hazards, considering factors such as the magnitude of risk, exposed populations, and the severity of potential health effects.

TCEP (CASRN 115-96-8) is primarily used as a flame retardant and plasticizer in polymers for aerospace equipment and products, and in paint and coating manufacturing. According to 2016 Chemical Data Reporting (CDR), the production volume for TCEP was 39,682 lbs/year. While recent manufacturing data is limited, some production may still occur below the reporting threshold of 25,000 lbs.

Significant Health Risks and Environmental Impact Identified

EPA’s evaluation revealed that TCEP has the potential to cause severe health issues, including kidney cancer, damage to the nervous system and kidneys, and reproductive harm. The agen findings highlighted significant risks to workers and consumers from specific uses of TCEP.  Ten conditions of use from importing, processing, industrial uses, commercial uses, and consumer uses were identified to significantly contribute to the unreasonable risk.

• Manufacturing imports
• Paint and coating manufacturing
• Polymers used in aerospace equipment and products
• Aerospace equipment and products and automotive articles and replacement parts containing TCEP
• Paints and coatings for industrial use
• Paints and coatings for commercial use
• Laboratory chemicals
• Fabric and textile products
• Foam seating and bedding products
• Wood and engineered wood products

The EPA also found that TCEP poses an unreasonable risk to aquatic species, including fish and aquatic invertebrates. Fish living in water bodies with high concentrations of TCEP can accumulate the chemical, posing risks particularly to groups that consume large amounts of fish, such as subsistence fishers and Tribes.

Next Steps for Risk Management

To address these risks, the EPA will proceed with risk management measures. This includes releasing a proposed rule under the Toxic Substances Control Act (TSCA) section 6 to protect human health and the environment from the identified risks of TCEP.

It should be noted that the risk management action will not be limited to the specific activities that contribute significantly to the unreasonable risks, and EPA may extend the regulated scope to upstream activities (e.g.m processing, distribution in commerce) to address downstream activities even if the upstream activities do not contribute significantly to the unreasonable risk.

EPA’s Evaluation Process

• The EPA has engaged in several activities related to TCEP evaluation and regulation:
• December 2019: Designated TCEP as a high-priority substance for risk evaluation.
• August 2020: Published a final scope document outlining the risk evaluation factors.
• June 2023: Proposed a Significant New Use Rule(SNUR) to ensure no new significant use of TCEP without EPA review.
• December 2023: Released the draft risk evaluation for public comment and peer review.