EPA Finalizes Risk Evaluation for Flame Retardant TCEP
EPA released its final risk evaluation for the flame retardant and plasticizer Tris(2-chloroethyl) phosphate (TCEP) under the Toxic Substances Control Act (TSCA). EPA has determined that this chemical poses an unreasonable risk of injury to human health and the environment. TCEP has the potential to cause kidney cancer, damage the nervous system and kidneys, and harm fertility.
This is the first risk evaluation EPA has finalized for the 20 High-Priority Substances designated in 2019. EPA incorporated improvements into the risk evaluation process that were announced in June 2021 and in an April 2024 final rule. As part of these improvements, EPA assessed TCEP exposure to potentially exposed or susceptible subpopulations like workers, pregnant women, infants that breastfeed, children, people living in fenceline communities near facilities that emit TCEP, and people and Tribes whose diets include large amounts of fish.
Uses and Risks Associated with TCEP
TCEP is a chemical used in paints and coatings, aerospace and automotive applications, and was historically used in fabrics and textiles, foam seating and construction materials. It is also found in a range of goods that are imported into the United States. Domestic production of TCEP has decreased by about 99 percent since 2014, but it is still used in the United States to make some paints and coatings for structural and automotive applications and as a flame retardant and plasticizer for specific aerospace applications.
TCEP can leach out of products and into the environment because it is not chemically bonded to the materials it is mixed into. TCEP that is released into the environment from manufacturing processes or leaching from products primarily ends up in water, sediment, soil or dust. TCEP may leach out of materials disposed of in landfills and get into ground water or surface water. It can also be released into the air.
EPA found that TCEP presents unreasonable risk of kidney cancer and noncancer health effects to workers and consumers.
EPA determined that seven out of 21 conditions of use of TCEP contribute significantly to the unreasonable risk to workers:
- 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; and
- Laboratory chemicals.
EPA found unreasonable risk from both inhalation and dermal exposures when workers are handling or applying liquid formulations containing TCEP. Workers with the greatest potential for exposure to TCEP are those who spray TCEP-containing paints or coatings, and workers who are involved in processing a 2-part resin used in paints, coatings, and polyurethane resin castings for aerospace applications.
EPA found unreasonable risk to consumers from three out of 21 conditions of use: fabric and textile products; foam seating and bedding products; and wood and engineered wood products. Consumers are most at risk when they breathe or ingest dust from TCEP that comes off of fabrics, textiles, foam and wood products. Infants and children may also be at risk if they frequently mouth products containing foam, textiles or wood that contain TCEP. A single instance of exposure, such as a child mouthing a TCEP-containing product once, does not mean an individual will definitely suffer adverse health effects.
EPA found unreasonable risks for people who eat large amounts of fish contaminated with TCEP. The chemical can accumulate in fish if they live in a stream or other waterbody with high concentrations of TCEP. These concerns are particularly notable for groups that eat higher quantities of fish, such as subsistence fishers and Tribes. Tribal populations for whom fish is important dietarily and culturally have greater risk than the general population and subsistence fishers.
EPA also found that TCEP presents unreasonable risk to the environment, specifically to fish chronically exposed to TCEP through surface water and sediment. EPA assessed TCEP exposures to the aquatic environment when TCEP leaches or is released into water through the manufacturing, processing, or use of TCEP or TCEP-containing materials. EPA did not find unreasonable risk to land-dwelling animals from exposure to TCEP.
Next Steps
EPA is now moving forward on risk management to address the unreasonable risk presented by TCEP. EPA will release a proposed rule under TSCA section 6 to protect people and the environment from the risks EPA identified.
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