Comment & Consultation
Proposed rulemaking process for unreasonable risks for HPS Phthalates; Regulation under TSCA – Ends Nov 1. Webinars Sept 14 and 16
The U.S. Environmental Protection Agency (EPA) Office of Chemical Safety and Pollution Prevention (OCSPP) is initiating consultation and coordination with federally recognized Tribes regarding regulatory management of unreasonable risks identified in the Toxic Substances Control Act (TSCA) Risk Evaluations for Butyl Benzyl Phthalate (BBP), Dibutyl Phthalate (DBP), Dicyclohexyl Phthalate (DCHP), Diethylhexyl Phthalate (DEHP), and Diisobutyl Phthalate (DIBP).
TSCA requires EPA to issue a proposed rule under TSCA section 6(a) applying risk management requirements to the extent necessary to address the unreasonable risks one year after the date on which the final risk evaluation is published and publish a final rule two years after the publication date of the final risk evaluation. EPA’s final risk evaluations for BBP1, DBP2, DCHP3, DEHP4, and DIBP5 were published on regulations.gov and announced via a Federal Register notice on January 6, 2026 (91 FR 373)and is also available (with supporting documents), on EPA’s website.
This consultation and coordination process will be conducted in accordance with the EPA Policy on Consultation with Indian Tribes and the Guidance for Discussing Tribal Treaty or Similar Rights. EPA invites you and/or your designated consultation representative(s) to participate in this process to discuss potential risk management to address the unreasonable risks identified in the BBP, DBP, DCHP, DEHP, and DIBP risk evaluations under TSCA including implications for treaty or similar rights, Indigenous Knowledge, and sacred sites. OCSPP’s anticipated timeline for the consultation and coordination period is expected to extend from September 1, 2026 – November 1, 2026. During this period, two identical technical webinars will be conducted, covering the same information. To participate, OPPT invites you and/or your designee(s) to join us for one or both of the following sessions:
•September 14, 2026 Tribal Technical Briefing 1 from 11:00 am-1:00 pm (ET)
Zoom Registration Link:
https://usepa.zoomgov.com/meeting/register/2goZiUNARrmaZV3-p0VgGQ
•September 16, 2026 Tribal Technical Briefing 2 from 11:00 am-1:00 pm (ET)
Zoom Registration Link:
https://usepa.zoomgov.com/meeting/register/_Ke6KlqoQJKioMIDeGe8sQ
We look forward to your participation in this consultation and coordination process and hope that you or your designee(s) can join us for one or both technical webinars. If you have any questions, are unavailable to participate in the webinar and/or have comments, including written comments, would like to request a consultation, or if we may be of additional assistance in the interim, please contact Amanda Miles at miles.amanda@epa.gov or 202-566-0348.
Presentation: How Tribes Can Influence Agency Decision Making
Public participation matters. Democratic, legal, and management principles justify why public comments make a difference in regulatory policy. Big Corporations, private citizens, industry polluters also comment, it is important that Tribal perspectives are represented alongside others.
Slides from RTOC Policy Advisor, Rich Eichsteadt on How Tribes Can Influence Agency Decision Making.pdf
Local Governments Reimbursement Program | US EPA
www.epa.gov
In the event of a release (or threatened release) of hazardous substances, EPA may provide a "safety net" of up to $25,000 per incident to local governments for expenses related to the release and ass…