TSCA

The Toxic Substances Control Act (TSCA), amended by the Frank R. Lautenberg Chemical Safety Act for the 21st century, obliges 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 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 compliance dates for processing and distribution prohibitions and record-keeping requirements associated with one of these PBT chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)), when used in certain items through October 31, 2024. This action was based on detailed information provided during the 60-day public comment period for the EPA's proposal in October 2021.

The five PBT chemicals in section 6(h) of the TSCA:

• Decabromodiphenyl ether (DecaBDE)
• Phenol, isopropylated 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 may issue Significant New Use Rules (SNURs) for existing chemicals to require notice before chemicals and mixtures are used in new ways that may create concerns. SNURs can be used to regulate the production, processing, commercial distribution and disposal of chemicals.

Once EPA determines that the use of a chemical is a significant new use, section 5(a) of the TSCA requires individuals to file a significant new use notice (SNUN) with the EPA at least 90 days before they manufacture (including import) or process the chemical for such use.

How ComplyMarket can help you:

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