TSCA

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 establish definitive rules to reduce exposures to certain PBT chemicals. PBT chemicals are persistent, bioaccumulative and toxic and can pose potential risks to exposed populations. These chemicals build up in the environment over time, making it important to minimize exposure to them.

To comply with the TSCA, the EPA issued five final rules, which went into effect on January 6, 2021, to reduce exposure to PBT chemicals. In March 2022, the EPA issued another final rule that extended the compliance deadlines for processing and distributing PIP (3:1), as well as the associated record-keeping requirement for 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 proposal in October 2021.

The following are the five PBT chemicals as defined in 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)

Pursuant to TSCA Section 5(a)(2), the EPA may issue Significant New Use Rules (SNURs) for existing chemicals to require prior notification before using chemical substances and mixtures in new ways that could raise concerns. SNURs can be used to regulate the production, processing, trade, and disposal of chemicals.

Once the EPA determines that the use of a chemical is a significant new use, TSCA Section 5(a) requires individuals to file a significant new use notification (SNUN) with the EPA no later than 90 days before manufacturing (including importing) or processing the chemical for that use.

How ComplyMarket can help you:

• ComplyDoC: An intelligent IT and first-time open-source code cloud solution for managing supply chain sustainability, chemical and product regulatory compliance to collect information from suppliers.
• Ad hoc advice: The ComplyMarket team has extensive experience in providing regulatory support for TSCA.