G/TBT/N/USA/2010  
23 June 2023  
(23-4310) 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) [2041]  
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 different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  Flame 
retardants; Quality (ICS code(s): 03.120); Environmental protection (ICS code(s): 
13.020); Products of the c hemical industry (ICS code(s): 71.100)  
5. Title, number of pages and language(s) of the notified document:  Flame 
Retardants; Significant New Uses Rules for Certain Non -Ongoing Uses; (14 page(s), in 
English)  
6. Description of content:  Proposed rule - Under the Toxic Substances Control Act (TSCA) , 
EPA is proposing significant new use rules (SNURs) for three flame retardants, tris(2 -
chloroethyl) phosphate (TCEP), 4,4' -(1-methylethylidene)bis[2, 6 -dibromophenol], also 
known as "tetrabromobisphenol A," (TBBPA), and triphenyl phosphate (TPP), which are 
all undergoing TSCA risk evaluations . The proposed significant new uses are manufacture 
(including import) or processing for any use, with the exception that the conditions of use 
the Agency expects to consider within the scope of the TSCA secti on 6 risk evaluations 
are not proposed as significant new uses. Persons subject to the SNUR would be required 
to notify EPA at least 90 days before commencing any manufacturing (including import) 
or processing of the chemical substance for a significant ne w use. Once EPA receives a 
notification, EPA must review and make an affirmative determination on the notification, 
and take such action as is required by any such determination before the manufacture 
(including import) or processing for the significant ne w use can commence.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of human health or safety; Protection of the environment; Quality 
requirements  
8. Relevant documents:   
88 Federal Register (FR) 40728, 22 June 2023; Title 40 Code of Federal Regulations (CFR) 
Part 721:  G/TBT/N/USA/2010  
 
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  https://www.govinfo.gov/content/pkg/FR -2023-06-22/html/2023 -13250.htm  
https://www.govinfo.gov/content/pkg/FR -2023-06-22/pdf/2023 -13250.pdf  
This proposed rule is identified by Docket Number EPA -HQ-OPPT-2023-0012. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OPPT-2023-0012/document  and provides access to primary documents as well as 
comments received. Documents are also accessible from Regulations.gov  by searching 
the Docket Number. WTO Members and their stakeholders are a sked to submit comments 
to the USA TBT Enquiry Point  by or before 4pm Eastern Time  on 7 August 2023. 
Comments received by t he 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 wit hin the comment period.  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  7 August 2023  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2023/TBT/USA/23_10501_00_e.pdf