The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, requires the Environmental Protection Agency (EPA) to issue final rules to reduce exposures to certain PBT chemicals. PBT chemicals are persistent, bioaccumulative, and toxic, and can have potential risks for exposed populations. These chemicals build up in the environment over time, making it important to minimize exposure to them.
To comply with the TSCA, EPA has issued five final rules that went into effect on January 6, 2021, to reduce exposures to PBT chemicals. In March 2022, EPA issued another final rule that extended the compliance dates for the prohibitions on processing and distribution and the associated recordkeeping requirement of one of these PBT chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)), when used in certain articles until October 31, 2024. This action was based on the detailed information provided during the 60-day public comment period for EPA’s October 2021 proposal.
The following are the five PBT chemicals under TSCA section 6(h):
- Decabromodiphenyl ether (DecaBDE)
- Phenol, isopropylated phosphate (3:1) (PIP (3:1))
- 2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP)
- Hexachlorobutadiene (HCBD)
- Pentachlorothiophenol (PCTP)
Under TSCA Section 5(a)(2), EPA can issue Significant New Use Rules (SNURs) for existing chemicals to require notice before chemical substances and mixtures are used in new ways that might create concerns. SNURs can be used to regulate the manufacturing, processing, distribution in commerce, and disposal of chemical substances.
Once EPA determines that a use of a chemical substance is a significant new use, TSCA section 5(a) requires persons to submit a significant new use notice (SNUN) to EPA at least 90 days before they manufacture (including import) or process the chemical substance for that use.
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