The U.S. Environmental Protection Agency gave an update last week on the agencys position regarding medium and long chain chlorinated paraffins at the Metal Removal Fluids conference by the Independent Lubricant Manufacturers Association in Rosemont, Illinois. Dr. Maria Doa, EPAs director of Chemical Control Division in the Office of Prevention Control and Toxics, stated that EPA continues to stand by its January 2015 preliminary risk assessments for MCCPs and LCCPs, although it intends to move its ban date for domestic production and import of MCCPs and LCCPs from May 31, 2016 to sometime mid-year 2017. Dr. Doa said in her presentation to the conference that the EPA had heard from many manufacturers that they needed more time to transition.
In January, the EPA sent letters to Dover Chemical, Ineos Chlor Americas and Qualice advising them that production of mid- and long-chain CP would be prohibited after May 2016.
That revised date likely will not appear in the Federal Register, but Dr. Doa indicated that EPA intends to post a notification of the pendency of the action on its website "soon."
The ban date will not require downstream users to immediately destroy or replace existing stocks. Users will be allowed to use up any inventories they may have beyond the mid-2017 ban date. The "window" to provide information to EPA on "critical uses" of MCCPs and LCCPs is narrowing for the agency to consider "carve outs" for specific "critical uses." When pressed for what EPA considers a critical use, Doa wanted chain length, percentage of chlorination and test data that indicates the inadequacy of substitutes.
Evidently, the Department of Defense (DoD) told EPA to proceed despite the lingering concerns with defense-specific critical uses. Members with military-supplier customers conveyed to Doa that Boeing and other suppliers are still trying to gather information. Again, there seems to be a window to collect further critical use information, but the window is closing quickly.
EPA is not currently concerned with vLCCP. Presuming the test data the current domestic manufacturers are undertaking to gather do not reveal significant PBT issues, the Agency does not intend to take action on those substances.
