The Toxic Substances Control Act (TSCA), as amended by Frank R. Lautenberg's Chemical Safety for the 21st Century Act, requires the Environmental Protection Agency (EPA) to issue final rules to reduce exposure to certain PBT chemicals. These chemicals are persistent, bioaccumulative and toxic, and may pose potential risks to exposed populations. These chemicals accumulate in the environment over time, so it's important to minimize exposure to them.
To comply with TSCA, EPA has issued five final rules that went into effect on January 6, 2021, to reduce exposures to PBT chemicals. In March 2022, EPA issued another final rule that extended the compliance dates for the processing and distribution bans and recordkeeping requirement associated with one of these PBT chemicals, isopropylated phenol phosphate (3:1)), when used in certain items to October 31, 2024. This action was based on detailed information provided during the 60-day public comment period for EPA's October 2021 proposal.
The five PBT chemicals under section 6(h) of the TSCA:
- Decorodiphenyl ether (DecaBDE)
- Isopropylated phenol 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, 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 raise concerns. SNURs can be used to regulate the manufacture, processing, distribution in the trade, and disposal of chemicals.
Once EPA determines that a chemical use is a significant new use, TSCA Section 5(a) requires individuals to submit a notice of significant new use (SNUN) to EPA at least 90 days before manufacturing (including importing) or processing the chemical for that use.
How ComplyMarket can help you:
- ComplyDoC: It is 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 Consulting: The ComplyMarket team has extensive experience in providing regulatory support to TSCA.