TSCA

The Toxic Substances Control Act (TSCA), as amended by the Frank R. Lautenberg Chemical Safety Act for the 21st Century, requires the Environmental Protection Agency (EPA) to issue final regulations to reduce exposure to certain PBT chemicals. PBT chemicals are permanent, bioaccumulative, and toxic, and can pose a risk to vulnerable populations. These chemicals accumulate in the environment all the time, therefore it is important to reduce 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 compliance date for processing and distribution bans and record-keeping requirements related to one of these PBT chemicals, phenol, isopropylated phosphate (3:1) (PIP (3:1)), when used in some specific items until October 31, 2024. This action is based on detailed information provided during the 60-day public comment period for the EPA's recommendation in October 2021.

The following are the 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 TSCA, EPA may issue Significant New Use Regulations (SNURs) for existing chemicals to require notice before chemicals and chemical mixtures are used in new ways that may cause concern. SNUR can be used to control the production, processing, distribution in trade, and disposal of chemicals.

Once EPA determines that the use of a chemical is a significant new use, Section 5(a) of TSCA requires individuals to submit a significant new use notice (SNUN) to EPA at least 90 days before they produce (including import) or process a chemical substance for that use.

How ComplyMarket Can Help You:

• ComplyDoC: is a smart and open-source IT 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 to TSCA.