G/TBT/N/USA/1909  
9 August 2022  
(22-6016) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Environmental Protection Agency (EPA)  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if diff erent from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: EPA is proposing to add the DINP category to the toxic chemical list on the 
basis that the updated hazard assessment demonstrates that the proposed diisononyl 
phthalate (DINP) category meets the Emergency Planning and Community Right -to-Know 
Act (EPCRA) toxicity criterion.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Diisononyl 
phthalate (DINP); branched alkyl di -esters of 1,2 benzenedicarboxylic acid in which alky l 
ester moieties contain a total of nine carbons; Environmental protection (ICS code(s): 
13.020); Domestic safety (ICS code(s): 13.120); Production in the chemical industry (ICS 
code(s): 71.020); Products of the chemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Addition of 
Diisononyl Phthalate Category; Community Right -to-Know Toxic Chemical Release 
Reporting; (13 page(s), in English)  
6. Description of content:  On 5 September 2000, in response to a  petition filed under the 
Emergency Planning and Community Right -to-Know Act (EPCRA), EPA issued a proposed 
rule to add a diisononyl phthalate (DINP) category to the list of toxic chemicals subject 
to the reporting requirements under EPCRA and the Pollutio n Prevention Act (PPA). EPA 
proposed to add this chemical category to the EPCRA toxic chemical list based on its 
preliminary conclusion that this category met the EPCRA toxicity criterion. EPA has 
updated its hazard assessment for DINP and is proposing to add DINP as a category 
defined to include branched alkyl di -esters of 1,2 benzenedicarboxylic acid in which alkyl 
ester moieties contain a total of nine carbons. The updated hazard assessment 
demonstrates that the proposed DINP category meets the EPCRA tox icity criterion 
because the members of the category can reasonably be anticipated to cause cancer and 
serious or irreversible chronic health effects in humans; specifically, developmental, 
kidney, and liver toxicity. EPA is proposing to add the DINP catego ry to the toxic chemical 
list on this basis and is requesting comment on the updated DINP hazard assessment and 
associated updated economic analysis.  G/TBT/N/USA/1909  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Prevention of decep tive practices and consumer protection; Protection of 
human health or safety; Protection of the environment  
8. Relevant documents:   
87 Federal Register (FR) 48128, 8 August 2022; Title 40 Code of Federal Regulations 
(CFR) Part 372:  
https://www.govinfo.gov/content/pkg/FR -2022-08-08/html/2022 -16908.htm  
https://www.govinfo.gov/content/pkg/FR -2022-08-08/pdf/2022 -16908.pdf  
This proposed rulemaking; supplemental notice is identified by Docket Number EPA -HQ-
TRI-2022-0262. Th e Docket Folder is available from Regulations.gov at 
https://www.regulations.gov/docket/EPA -HQ-TRI-2022-0262/document  and provides 
access to primary and supporting documents a s well as comments received. Documents 
are also accessible from Regulations.gov  by searching the Docket Number. WTO Members 
and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by 
or before 4pm Eastern Time  on 7 October 2022. Comments received by the USA TBT 
Enquiry Point from WTO Members and their stakeholders will be shared with the regulator 
and will also be submitted to the Docket  on Regulations.gov if received within the 
comment period.  
G/TBT/N/USA/122 and Add.1  - Addition of Diisononyl Phthalate Category; Community 
Right-to-Know Toxic Chemical Release Reporting; proposed rule, notice of data 
availability published 14 June 2005:  
https://www.govinfo.gov/content/pkg/FR -2005-06-14/html/05 -11664.h tm 
https://www.govinfo.gov/content/pkg/FR -2005-06-14/pdf/05 -11664.pdf  
Add.1: Extension of the comment period published 12 September 2005  
https://www.govinfo.gov/content/pkg/FR -2005-09-12/html/05 -18090.htm  
https://www.govinfo.gov/content/pkg/FR -2005-09-12/pdf/05 -18090.pdf  
The notice of data availability published 14 June 2005 and the extension of the comment 
period published 12 September 2005 are identified by Docket Number EPA -HQ-TRI-2005-
0004' the docket folder is accessible at https://www.regulations.gov/docket/EPA -HQ-TRI-
2005-0004/document.  
G/TBT/N/USA/947 and subsequent addenda a nd corrigendum  - Prohibition of Children's 
Toys and Child Care Articles Containing Specified Phthalates, identified by Docket Number 
CPSC -2014-0033. 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 October 2022  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://www.govinfo.gov/content/pkg/FR -2022-08-08/html/2022 -16908.htm  
https://www.govinfo.gov/content/pkg/FR -2022-08-08/pdf/2022 -16908.pdf  
https://members.wto.org/crnattachments/2 022/TBT/USA/22_5360_00_e.pdf