TSCA

TSCA

Toxic Substances Control Act (TSCA), Frank R. Lautenberg Chemical Safety 21. As amended by the Act of the Century, it obliges the Environmental Protection Agency (EPA) to issue final rules to reduce exposure to certain PBT chemicals. PBT chemicals can be persistent, cumulative, and toxic, and may carry potential risks to exposed populations. These chemicals accumulate in the environment over time, so it's important to minimize exposure to them.

In accordance with

TSCA, the EPA enacted five final rules to reduce exposure to PBT chemicals that went into effect Jan. 6, 2021. In March 2022, the EPA enacted another final rule extending the compliance dates of the prohibition on processing and distribution and the associated record-keeping requirement for phenol, isopropylethyl phosphate (3:1) (PIP (3:1)), a PBT chemical when used in certain products, to October 31, 2024. This action was based on detailed information provided during the 60-day public comment period for the EPA's October 2021 proposal.

The following five PBT chemicals are under section 6(h) of 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)

Pursuant to TSCA Section 5(a)(2), EPA may issue Significant New Rules of Use (SNURs) for existing chemicals and provide for notice before chemicals and mixtures are used in new ways that may cause concern. SNURs can be used to regulate the production, processing, trade, and disposal of chemical substances.

Once EPA determines that the use of a chemical is a material new use, TSCA section 5(a) requires individuals to submit a substantial new use notice (SNUN) to EPA at least 90 days prior to that use.

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