Attorney General Bonta Opposes EPA’s Evaluation on Toxic Flame-Retardant Risks

OAKLAND - California Attorney General Rob Bonta joined a multistate comment letter in opposition to the U.S. Environmental Protection Agency's (EPA) draft risk evaluation for Tetrabromobisphenol A (TBBPA) under the Toxic Substances Control Act (TSCA). TBBPA is a flame-retardant widely used in consumer products, mainly plastic enclosures for electronics, and also in furniture and textile items and building and construction materials. Exposure to TBBPA may result in detrimental health impacts, including diseases associated with its neuro-, immuno-, and reproductive toxicities and cancer, and infants and children are particularly vulnerable to TBBPA exposure. In the letter, Attorney General Bonta and the coalition argue that EPA's deficient draft risk evaluation ignores the health risks of TBBPA exposure in consumer products, and, if adopted, would undermine existing protections several states have adopted to restrict the use of TBBPA to protect their residents against its harmful health effects.

"The Trump Administration's draft risk evaluation would endanger consumers by resulting in weaker regulations that expose them to preventable health risks," said Attorney General Bonta. "California will not stand for decisions that put the health and well-being of our residents and Americans nationwide at risk. We strongly urge the EPA to withdraw this draft risk evaluation immediately."

Enacted in 1976, TSCA gives the EPA the authority to regulate chemical substances to protect human health and the environment and to require manufacturers and importers to provide information on chemical substances. TSCA allows the EPA to evaluate existing and new chemicals for safety and requires the EPA to restrict or ban chemicals that pose unreasonable risks of injury to human health or the environment. In 2019, the EPA designated TBBPA as "High-Priority Substance" for risk evaluation under TSCA. The EPA identified significant concerns that TBBPA may pose detrimental health risks through chronic exposures.

California has long recognized the need for strong protections against TBBPA exposure. In 2018, California passed Assembly Bill 2998, which restricted the sale and distribution of juvenile products, upholstered furniture, replacement components of reupholstered furniture, and the foam in mattresses, that contain certain flame-retardant chemicals, including TBBPA. The Office of Environmental Health Hazard Assessment has also listed TBBPA on California's Proposition 65 list of carcinogens because it is a probable human carcinogen.

The coalition asserts that the EPA's draft risk evaluation fails to:

• Include all the intended, known, or foreseeable uses of TBBPA in the conditions of use evaluated and makes separate risk determinations for workers, consumers, and the general population.
• Consider aggregate exposures and risks and evaluate TBBPA within a class of other flame retardants by using the best available science, as required by TSCA.
• Account for existing state regulations which may be impacted by EPA's final risk evaluation for TBBPA.

In filing the comment letter, Attorney General Bonta is joined by the attorneys general of Delaware, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, Oregon, Rhode Island, Washington, Wisconsin, the District of Columbia, and the Corporation Counsel of the City of New York.