NASF Submits Comments to Minimize Small Business Impact of EPA Rule for the Use of N-Propyl Bromide

EPA held a meeting of the Small Business Advocacy Review (SBAR) Panel on May 11, 2021 to discuss EPA’s potential proposed rulemaking for n-propyl bromide (1-Bromopropane) under TSCA §6(a). NASF and two of its members have been designated as small entity representatives (SREs) and participated in this meeting. EPA identified unreasonable risks associated with certain conditions of use and laid out its proposed approach to impose restriction on the use on n-propyl bromide. This included setting an existing chemical exposure limit (ECEL) of 0.05 parts per million (ppm) for n-propyl bromide based primarily on calculated occupational exposure risks.

As part of this process, NASF submitted comments on EPA’s approach that is under considerations. The comments noted that the ECEL would not be achievable, even with expensive, state-of-the-art vacuum degreasers. Accordingly, facilities that must use n-propyl bromide based on customer approvals or specifications would have to switch to alternatives.

Unfortunately, while some of the available alternatives may be promising, none of them appear to be a drop-in replacement at this time due to technological and economic feasibility considerations. To avoid potentially major consequences for small surface finishing businesses, NASF requested that EPA consider allowing at least five years to implement any restrictions on the use of n-propyl bromide for critical applications. This additional time could help to reduce the potential adverse impacts of the rule on small surface finishing businesses.

The SBAR Panel will consider all of the comments (both verbal and written from the small entity representatives) on the rule and will prepare a report for the EPA Administrator on potential ways to reduce impacts to small entities that may arise from this rulemaking. Following this input, EPA will draft a proposed rule to identify management options for n-propyl bromide that protect human health and the environment and will minimize impacts on small businesses. EPA must issue a proposed rulemaking by August 2021. For more information of this process and NASF’s comments, please contact Jeff Hannapel with NASF at jhannapel@thepolicygroup.com.