The law on the control of toxic substances (TSCA), as modified by the Frank R. Lautenberg law on chemical security for the 21st century, obliges the environmental protection agency (EPA) to issue final rules to reduce exposure to certain PBT chemical substances. PBT chemicals are persistent, bioaccumulative and toxic, and may present potential risks for exposed populations. These chemicals accumulate in the environment over time, hence the importance of minimizing exposure to them.
To comply with the TSCA, the EPA issued five final rules in force on January 6, 2021, to reduce exposure to PBT chemicals. In March 2022, the EPA issued another final rule which extended compliance dates for processing and distribution prohibitions and the requirement for holding files associated with one of these PBT chemicals, phenol, phosphate isopropylic (3: 1) (PIP (3: 1)), when used in certain articles until October 31, 2024. 60 -day public comments period for the EPA October 2021 proposal.
The five PBT chemicals under section 6 (h) of the TSCA:
- Ether Scécabomodiphenylique (Decabde)
- Phoenol, isopropyl phosphate (3: 1) (PIP (3: 1))
- 2.4.6-Tris (t-butyl) phenol (2.4.6-TTBP)
- Hexachlorobutadiene (HCBD)
- Pentachlorothiophenol (PCTP)
Under section 5 (a) (2) of the TSCA, the EPA can issue rules on new significant uses (SNURS) for existing chemicals in order to require an opinion before chemicals and mixtures are used in a new way, which could arouse concern. SNURS can be used to regulate manufacturing, treatment, commercial distribution and elimination of chemicals.
Once the EPA determines that the use of a chemical substance is a new significant use, section 5 (a) of the TSCA requires that people submit a new significant use (SNUN) to EPA at least 90 days before they manufacture (including import) or treat the chemical for this use.
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