The Toxic Substances Control Act (TSCA), 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 exposure to certain PBT chemicals. PBT chemicals are persistent, bioaccumulative, and toxic, and can have potential risks to the exposed population. These chemicals settle in the environment over time, so it is 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 exposure to PBT chemicals. In March 2022, the EPA issued another final rule extending the date of compliance for the processing and distribution ban and the record-keeping requirements related to one of these PBT chemicals, phenol, isopropyl phosphate (3:1) (PIP (3:1)), when used in some articles until October 31, 2024. This action is based on detailed information provided during the 60-day public comment period for the EPA's proposal in October 2021.
Here are five PBT chemicals under section 6(h) of the TSCA:
- 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 Section 5(a)(2) of the TSCA, EPA may issue Significant New Use Rules (SNURs) for existing chemicals to require notification before chemicals and chemical mixtures are used in new ways that may cause concern. SNUR can be used to regulate manufacturing, processing, distribution in trade, and disposal of chemicals.
Once EPA determines that a chemical use is a significant new use, Section 5(a) of TSCA requires individuals to file a significant new use notification (SNUN) with EPA at least 90 days before they manufacture (including import) or process a chemical substance for such use.
How ComplyMarket Can Help You:
- ComplyDoC: is the first and intelligent open-source code cloud solution for Supply Chain Sustainability Management, Chemical & Product Compliance to collect information from suppliers.
- Ad-hoc Consulting: The ComplyMarket team has extensive experience in providing regulatory support for TSCA.