Advance Notice on Bisphenol A Testing Submitted to White House for Review

The Environmental Protection Agency submitted to the White House Office of Management and Budget an advance notice of proposed rulemaking that would require chemical manufacturers to conduct toxicity tests for bisphenol A.

OMB review is generally the last step before a federal agency issues a rulemaking notice. According to OMB's Office of Information and Regulatory Affairs, it received the advance notice on Dec. 21.

In late October EPA said it had begun work on the advance notice of proposed rulemaking, saying then that it intended to require toxicity tests to determine the potential for bisphenol A to cause endocrine-related adverse effects in environmental organisms at low concentrations (34 CRR 1079, 11/8/10).

The advance notice of proposed rulemaking, expected in the first quarter of 2011, also will seek comment on requiring sampling and monitoring of surface water, groundwater, drinking water, soil, sediment, sludge, and landfill leachate in the vicinity of expected bisphenol A releases to determine whether potentially sensitive organisms may currently be exposed to concentrations of the chemical in the environment that are at or above levels of concern for adverse effects, including endocrine-related effects, EPA said.

The advance notice was not published in EPA's regulatory agenda (75 Fed. Reg. 79,844).

The development of a test rule was among the actions EPA said it was considering when it released its Bisphenol A Action Plan in March (34 CRR 319, 4/5/10).

EPA's description of the bisphenol A advance notice of proposed rulemaking it is developing is available at

EPA's Bisphenol A Action Plan is available at