The Environmental Protection Authority (EPA) obliges the law on the control of toxins (TSCA), as changed by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, to reduce exposure to certain PBT chemicals. PBT chemicals are persistent, bio-accumulating and toxic and can represent potential risks for exposed population. These chemicals build up in the environment over time, which makes it important to minimize exposure to them.
In order to comply with the TSCA, the EPA has issued five final rules that came into force on January 6, 2021 to reduce exposure to PBT chemicals. In March 2022, the EPA issued another final rule that extended the compliance appointments for processing and distributing PIP (3: 1) as well as the associated recording obligation for certain items by October 31, 2024. This measure was based on the detailed information that was provided during the 60-day public comment period for the proposal of the EPA in October 2021.
The following are the five PBT chemicals according to 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)
According to TSCA Section 5 (a) (2), the EPA can issue significant new usage rules (SNURS) for existing chemicals to request prior notification before chemical substances and mixtures are used for new ways that could cause concerns. Snurs can be used to regulate the manufacture, processing, trade and disposal of chemicals.
As soon as the EPA determines that the use of a chemical is an important new use, TSCA Section 5 (a) stipulates that people must submit a significant new usage notification (SNUN) to the EPA at the latest before they manufacture the chemical for this use (including import) or process.
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