Our Environment, Land Use & Natural Resources Group explains the Environmental Protection Agency’s proposed Toxic Substances Control Act rule that aims to address the risks the agency believes are posed by 1-bromopropane (1-BP) by banning its use in most consumer products.
- The rule would ban 1-BP in most consumer goods, with a few exceptions
- The rule would impose strict controls on industrial and commercial use of 1-BP
- The rule would likely lead to significant operational changes for industries currently relying on 1-BP
On July 30, 2024, the Environmental Protection Agency (EPA) issued a notice of a proposed rule under the Toxic Substances Control Act (TSCA) to address what the EPA concluded are unreasonable risks of injury to human health presented by certain uses of 1-bromopropane (1-BP). The EPA determined that 1-BP poses significant health risks, including neurotoxicity, developmental toxicity, and cancer. Consequently, the EPA’s proposed rule would ban 1-BP in most consumer products and impose workplace safety requirements for the industrial and commercial uses of 1-BP that are not banned. There is a 45-day comment period before a final rule will be issued.
1-Bromopropane (1-BP)
1-BP, also known as n-propyl bromide, is a solvent widely used in applications such as vapor degreasing, adhesives, and sealants. 1-BP has been under scrutiny for its safety in both occupational and consumer settings based on the EPA’s concerns over the substance’s potential to cause severe health effects, including neurological damage and cancer.
EPA’s Proposed Rule
Under the rule:
- The use of 1-BP in consumer products like aerosol spray degreasers, spot cleaners, and automotive care products would be banned.
- Exemptions are provided for its use in building insulation because it was found to not contribute to unreasonable health risks.
- Industrial and commercial uses of 1-BP in sectors such as dry cleaning, stain removal, and adhesives are also targeted for prohibition, with a compliance timeline of six to 18 months, depending on the user group.
- Companies continuing to use 1-BP in certain allowed industrial applications would be required to implement strict workplace safety measures, including exposure limits and protective equipment requirements.
Implications
The proposed rule will likely lead to significant operational changes for industries relying on 1-BP, potentially driving them to seek alternative substances. Companies using or handling 1-BP today should assess how this proposed rule could impact their operations and consider potential future regulatory developments. Furthermore, companies that currently use or previously used 1-BP should review whether the proposed rule, once in effect, could result in additional potential legal risks based on that use.
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