TSCA

The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety Act for the 21st Century, 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 may pose potential risks to exposed populations. These chemicals accumulate in the environment over time, making it important to minimize exposure to them.

To comply with TSCA, the EPA has issued five final rules that went into effect on January 6, 2021, to reduce exposures to PBT chemicals. In March 2022, the EPA issued another final rule that extended the compliance dates for the treatment and distribution prohibitions and the record-keeping requirement associated with one of these PBT chemicals, phenol, isopropyl phosphate (3:1) (PIP (3:1)), when used in certain items until October 31, 2024. This action was based on the detailed information provided during the 60-day public comment period for the EPA's October 2021 proposal.

The five PBT chemicals under TSCA Section 6(h):

• Decabromodiphenyl ether (DecaBDE)
• Phenol, isopropyl phosphate (3:1) (PIP (3:1))
• <span lang="FR" style="mso-ansi-language: FR;">2,4,6-Tris(t-butyl)phenol (2,4,6-TTBP)
• Hexachlorobutadiene (HCBD)
• Pentachlorothiophenol (PCTP)

Under Section 5(a)(2) of TSCA, the EPA may issue Significant New Use Rules (SNURs) for existing chemicals to require notification before chemicals and mixtures are used in new ways, which could raise concerns. SNURs can be used to regulate the manufacture, processing, commercial distribution and disposal of chemical substances.

Once the EPA determines that a use of a chemical is a significant new use, Section 5(a) of TSCA requires persons to submit a Significant New Use Notice (SNUN) to the EPA at least 90 days before they manufacture (including import) or process the chemical for that use.

How ComplyMarket can help you:

• ComplyDoC: An intelligent computing solution and a first-in-kind open-source cloud solution for supply chain sustainability, chemical compliance management and to products to collect information from suppliers.
• Ad-hoc Consultation: The ComplyMarket team has extensive experience in providing regulatory support to TSCA.