Two NGOs have begun a process to file suit against seven chemical companies in the US, including an affiliate of Dow Chemical, for allegedly failing to report imports of the solvent n-propyl bromide (nPB) to the Environmental Protection Agency (EPA). 

Safer Chemicals, Healthy Families and the Environmental Health Strategy Center (EHSC) have sent a formal 60-day notice of intent to sue the companies – the first step in a citizen enforcement action under the Toxic Substances Control Act (TSCA). The companies are Chemical Solvents, Unistar Chemical, First Continental International, Storchem USA, Solvents Company, Murashu USA and Dow Agrosciences.

The NGOs allege that the companies collectively imported at least 1.6 million lbs (726 t) of nPB. Under TSCA regulations, companies should have notified EPA by Oct. 31, 2016 if they imported 25,000 lbs or more of the solvent in any of the prior four years.

Data from the US Customs and Border Protection agency showed that the companies exceeded this threshold at least once during this period, but EPA records obtained by the advocacy groups under the Freedom of Information Act contain no reports of nPB imports from these firms.

Nearly all the unreported nPB was said to be from China, the source of the majority of nPB imports into the US.

Now recognized as a carcinogen and an ozone depleting substance by the US National Toxicology Program, nPB was originally marketed as a safer alternative for uses such as dry cleaning and industrial degreasing. While the solvent continues to be produced in the US, domestic manufacturers have publicly vowed to limit sales to prevent certain high exposure uses.

Last December, the EPA named nPB as one of the first ten chemicals to be assessed for safety under the revised TSCA. Andy Igrejas, national campaign director of Safer Chemicals, Healthy Families, commented: “EPA relies on companies to accurately report manufacturing and especially import of toxic chemicals in order to evaluate their potential risk. By failing to report, companies effectively limit the scope of both the public’s and EPA’s understanding of the uses of these chemicals and the risks they present.”

If the case proceeds to court, the consumer health groups will seek a judicial order for the companies to comply with the reporting requirements. They are also urging the EPA to impose fines. The environment agency thus far has not officially commented on the case, and it is unclear which substances will actually be addressed under the aegis of administrator, Scott Pruitt.

The appointee of new US President Donald Trump has recently made headlines for his efforts to repeal rules passed during the administration of former President Barack Obama.