EPA Issues Advance Notice of Proposed Rulemaking to Protect Salmon from Chemical Used in Rubber Products

EPA Issues Advance Notice of Proposed Rulemaking to Protect Salmon from Chemical Used in Rubber Products

EPA advances process under Toxic Substances Control Act in response to Tribal petition

November 14, 2024

WASHINGTON-Today, Nov. 14, the U.S. Environmental Protection Agency is issuing an advance notice of proposed rulemaking (ANPRM) under Section 6 of the Toxic Substances Control Act (TSCA) to gather information on the potential risks associated with N-(1,3-Dimethylbutyl)-N′-phenyl-p-phenylenediamine (6PPD) and its transformation product, 6PPD-quinone. In August 2023, the Yurok Tribe, the Port Gamble S'Klallam Tribe and the Puyallup Tribe of Indians submitted a petition under TSCA Section 21 asking EPA to establish regulations (pdf)under TSCA Section 6 prohibiting the manufacturing, processing, use and distribution of 6PPD in tires. EPA granted this petition in November 2023and committed to publishing an ANPRM by Fall 2024 in order to gather more information that could be used to inform a subsequent regulatory action.

"Today, we're following through on the commitment we made to our Tribal partners to gather more information about this chemical used in rubber products to help protect coho salmon," said Assistant Administrator for the Office of Chemical Safety and Pollution Prevention Michal Freedhoff."We'll use the information we get on the health and environmental risks to determine next steps to protect people and the planet."

"Toxic stormwater runoff is one of the biggest threats facing Puget Sound salmon recovery," said Rep. Derek Kilmer (WA-06). "I am grateful that the EPA has been responsive to the petition filed by Tribes from across our region who are helping to lead the effort to better understand how 6PPD and 6PPD-quinone get into our waterways, how they impact our environment and our health, and how we can get these chemicals out of local ecosystems. We have an obligation to protect salmon in the Pacific Northwest in order to honor the federal government's trust and treaty responsibilities to Tribes in the region. I am excited that the EPA is moving forward with this rulemaking as an important step toward salmon recovery."

"Salmon are a keystone species and research shows that the 6PPD-Q chemical which runs off from vehicle tires into our waterways is lethal to their survival, and our marine ecosystem," said Rep. Marilyn Strickland (WA-10). "As co-chair of the Puget Sound Recovery Caucus, I have secured funding to find solutions to this problem, and the U.S. EPA is taking an important step forward to help us."

The chemical 6PPD has been used in motor vehicle tires for more than six decades to make them more durable. It can also be found in other rubber products such as footwear, synthetic turf infill and playgrounds. 6PPD reacts with ozone pollution in the air to form a transformation product called 6PPD-quinone, which may be present in stormwater runoff from parking lots and streets due to the presence of tire wear particles. Runoff may be washed into streams and other bodies of water during rain events. As a result, aquatic organisms can be exposed to 6PPD-quinone. Concentrations of 6PPD-quinone in stormwater in the Pacific Northwest were found to be lethal to coho salmon after only a few hours of exposure.

EPA is issuing an ANPRM to solicit information on the chemicals, including but not limited to: environmental effects on aquatic and terrestrial ecosystems, potential human health effects, environmental fate and transport, exposure pathways, persistence and bioaccumulation, additional uses of 6PPD, and releases from consumer products such as sneakers, playgrounds, rubber-modified asphalt, reused tire or other rubber products. EPA is also seeking comment and information related to alternatives to 6PPD, as well as potential chemical transformation products associated with potential alternatives.

For example, there are data showing that 6PPD-quinone is toxic to fish, with coho salmon being the most sensitive species studied to date. However, there are still uncertainties about the potential impacts of 6PPD-quinone on human health, as well as the potential for exposure from other sources of 6PPD-quinone.

EPA's Work on 6PPD

It was EPA-funded research that first established the link between 6PPD-quinone and salmon deaths in the Puget Sound region in 2020. Since then, EPA has been engaged in ongoing efforts with other federal agencies, states, Tribes, industry and other stakeholders to address information gaps and address concerns regarding the use of 6PPD and the risks of 6PPD-quinone.

EPA is continuing to fund research activities to expand its understanding of the impacts of 6PPD-quinone, and to fill data gaps. For example, the Office of Research and Development is continuing further investigation of 6PPD-quinone, including work on fate and transport, ecotoxicity, and green infrastructure solutions for stormwater contamination. The Office of Water developed a draft analytical method for detection of 6PPD-quinone in surface and stormwater and finalized screening values for 6PPD-quinone and 6PPD to protect sensitive salmon and other aquatic life. The agency is also coordinating with the National Science and Technology Council's Joint Subcommittee on Environment, Innovation and Public Health on potential cross-governmental research on human health effects.

EPA proposed a rule in March 2024 under Section 8(d) of TSCA that would require manufacturers (including importers) of 6PPD to report lists and copies of unpublished health and safety studies on 6PPD and 6PPD-quinone to EPA. EPA plans to finalize this rule by the end of 2024.

EPA has also developed a webpage on 6PPD and 6PPD-quinone to keep the public and stakeholders updated as research progresses, alternatives are identified, and ways to mitigate the effects of the chemicals on the environment are implemented.

EPA will accept written comments on the ANPRM for 60 days following publication via docket EPA-HQ-OPPT-2024-0403 at Regulations.gov.

Learn more and read the Advanced Notice of Proposed Rulemaking for 6PPD.

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