✅ Who must comply (in practice)

You should treat TSCA 6(h) as applicable if you are any of the following and your goods enter U.S. commerce:

• 🏭 Manufacturers (including importers)
• ⚙️ Processors (formulators, compounders, recyclers, assemblers)
• 🚚 Distributors (including re-sellers and logistics-linked distributors)
• 🧩 Brand owners/OEMs selling finished articles (finished goods) into the U.S.
• 🌍 Non-U.S. suppliers shipping components/materials to U.S. customers (you’ll be asked to provide proof)

🧪 The five TSCA 6(h) PBT chemicals you must screen for

The TSCA PBT rules focus on five chemicals—each with its own thresholds, use restrictions, deadlines, and evidence requirements:

1- Decabromodiphenyl ether (decaBDE) — 40 CFR § 751.405

2- Phenol, isopropylated phosphate (3:1) (PIP (3:1)) — 40 CFR § 751.407

3- 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) — 40 CFR § 751.409

4- Pentachlorothiophenol (PCTP) — 40 CFR § 751.411

5- Hexachlorobutadiene (HCBD) — 40 CFR § 751.413

🔎 Key regulatory mechanics you must understand

1) The “0.1% by weight” threshold (not a free pass)

For decaBDE and PIP (3:1), many prohibitions do not apply when the substance is <0.1% by weight and not intentionally added.

⚠️ For multi-component products, EPA training materials emphasize that threshold logic is often evaluated at the component/article level, not by averaging across the final assembled product.

2) Phase-ins, exclusions, and long “service-life” timelines

Several restrictions are immediate, while others are phased in by use-case (e.g., specific equipment categories, vehicles, replacement parts). You must map each PBT to its use scenario and track the specific deadline that applies.

3) Proof is mandatory: records + notifications + controls

Recordkeeping is not optional. Retention periods vary by chemical (3 or 5 years), and EPA can request your evidence.

📌 Detailed requirements by chemical (what you must do)

🟥 1) decaBDE — 40 CFR § 751.405

Core obligation: broad prohibitions with phased use-specific deadlines, plus environmental release controls and mandatory records.

What’s required

• 🚫 Restrictions & phase-ins for specific uses (examples include hospitality curtains, certain wire/cable insulation uses, aerospace parts, motor vehicle replacement parts tied to service-life/2036 logic).
• 🧯 0.1% by weight / not intentionally added threshold concept applies unless otherwise specified.
• 🗂️ Recordkeeping: 5 years (ordinary business records such as invoices/BOLs, plus compliance statements; make available to EPA on request).
• 💧 Releases to water prohibited during manufacturing/processing/distribution starting January 21, 2025 (follow applicable controls to prevent releases).
• 🪧 Regulated-area signage & PPE requirements exist for certain pallet recycling scenarios; the rule text includes specific sign language and “regulated area” concepts.

What companies should do

• Build a decaBDE use-map (plastics, recycled materials, legacy components).
• Set purchasing controls: ban intentional use, require supplier declarations, and define a test strategy for high-risk plastic streams.
• Implement water-release prevention controls where relevant (process water, cleaning, storage, containment).

🟧 2) PIP (3:1) — 40 CFR § 751.407

Core obligation: restrictions on processing/distribution (including for articles), strong emphasis on deadlines + downstream notification + recordkeeping.

What’s required

• 🚫 General prohibition on processing & distribution in commerce after March 8, 2021, with detailed exclusions and phase-ins.
• 🧯 0.1% by weight / not intentionally added threshold concept applies unless otherwise specified.
• 📅 Major practical deadlines many product companies face:
• Jan 6, 2025: adhesives & sealants phase-in prohibition
• Oct 31, 2024: prohibition for use in articles (unless excluded/longer phase-in)
• Oct 31, 2026: distribution in commerce of PIP (3:1)-containing articles prohibited (unless excluded/longer phase-in)
• 🧾 Downstream notification
• Add required language into SDS by Feb 19, 2025, or put required language on product labels by May 19, 2026.
• 🗂️ Recordkeeping: 5 years.
• 💧 Releases to water prohibited during manufacturing/processing/distribution; follow best practices to prevent releases during commercial use.
• 🦺 2024 revisions brought updated provisions (including worker protection and extended recordkeeping), with an effective date of January 21, 2025.

What companies should do

• Identify where PIP (3:1) can appear (common in certain plastics, electronics, wire/cable components, and specific industrial applications).
• Build a phase-in decision tree: “Is my scenario excluded? If not, what deadline applies?”
• Implement a controlled process to push SDS/label downstream notifications on time, with versioning and customer traceability.

🟨 3) 2,4,6-TTBP — 40 CFR § 751.409

Core obligation: restrictions tied to concentration and packaging, effective in 2026.

What’s required

• 🚫 After January 6, 2026, distribution in commerce >0.3% by weight in containers <35 gallons is prohibited.
• 🚫 After January 6, 2026, processing & distribution of oil and lubricant additives >0.3% is prohibited.
• 🗂️ Recordkeeping: 3 years for distributors.

What companies should do

• Check lubricants/additives and smaller-pack consumer/industrial containers.
• Lock specs so formulations stay ≤0.3% (or eliminate).

🟩 4) PCTP — 40 CFR § 751.411

Core obligation: a clear concentration cap with early effective dates.

What’s required

• 🚫 After March 8, 2021, manufacturing/processing prohibited unless ≤1% by weight.
• 🚫 After January 6, 2022, distribution in commerce prohibited unless ≤1% by weight.
• 🗂️ Recordkeeping: 3 years.

What companies should do

• If you source rubber-related chemicals/materials, require explicit PCTP concentration confirmation.
• Update QC acceptance rules to enforce ≤1% cap (or eliminate).

🟦 5) HCBD — 40 CFR § 751.413

Core obligation: broad prohibitions with limited exceptions + records.

What’s required

• 🚫 After March 8, 2021, manufacturing/processing/distribution in commerce of HCBD (and HCBD-containing products/articles) is prohibited except where the rule allows (e.g., certain byproduct scenarios).
• 🗂️ Recordkeeping: 3 years.

What companies should do

• Confirm whether any upstream chlorinated solvent operations create HCBD byproduct exposure in your supply chain.
• Maintain clear documentation for any allowed scenario.

🧰 Company compliance checklist (what you should implement)

Use this as a practical TSCA 6(h) implementation plan:

🧾 1) Build your TSCA 6(h) inventory

• Map all products/articles sold into the U.S.
• Break down into BOM → components → materials → substances (where possible).
• Flag high-risk categories: plastics, electronics, wire/cable, adhesives, lubricants/greases, rubber chemistries.

🧬 2) Collect evidence from suppliers (and make it contract-grade)

• Require supplier declarations for the 5 PBTs (and thresholds).
• Collect supporting documents: SDS, composition statements, test reports when needed.
• Add contractual obligations for change notification (formulation/material changes).

🧠 3) Apply the rules correctly (thresholds + phase-ins + exclusions)

• Decide: intentionally added vs incidental and whether the 0.1% concept applies.
• Determine the specific deadline that applies to your use-case (don’t assume one date fits all).

🏭 4) Implement operational controls (where you manufacture/process)

• Put in place measures to prevent releases to water where required.
• Ensure workplace protection requirements are addressed for relevant scenarios.

🧷 5) Execute downstream notifications (PIP (3:1))

• Update SDS language by Feb 19, 2025 or label language by May 19, 2026.
• Maintain proof of distribution of notices to downstream customers.

🗃️ 6) Maintain audit-ready records (3–5 years depending on chemical)

• Keep invoices, bills of lading, compliance statements, supplier declarations, and internal decisions.
• Retain for 5 years (decaBDE, PIP (3:1)) and 3 years (2,4,6-TTBP distributors, PCTP, HCBD).

💡 How a material compliance management platform supports TSCA 6(h)

A strong compliance platform reduces TSCA 6(h) risk by turning complex legal text into controlled, repeatable processes:

• 🧭 Rule-to-product mapping: Link each TSCA 6(h) rule to product categories, BOMs, and use-cases (including phase-in logic and exclusions).
• 🔍 Automated substance screening: Check BOMs/materials against the 5 PBTs and thresholds; flag parts/components that break thresholds.
• 🤝 Supplier data collection workflows: Request, validate, and track supplier declarations, SDS versions, and change notifications.
• 📣 Notification management: Generate and track downstream notice requirements (e.g., SDS/label language) with customer traceability.
• 🗂️ Evidence & audit trails: Centralize records (3–5 year retention), approvals, and compliance decisions so you can answer EPA/customer requests quickly.
• 📅 Deadline control: Calendarized compliance obligations by product/use, with alerts before phase-in dates.

⭐ Why ComplyMarket is the best-fit solution for TSCA Section 6(h) compliance

ComplyMarket stands out by combining material compliance management, automated product-level substance checks, supplier collaboration, and audit-ready reporting in one integrated platform—making TSCA Section 6(h) compliance practical at scale.

With ComplyMarket, companies can:

• Build a single source of truth for PBT substance data and TSCA 6(h) obligations
• Automate BOM/component screening against TSCA thresholds and phase-in dates
• Run structured supplier requests for declarations, SDS updates, and supporting evidence
• Manage downstream notifications and keep verifiable delivery records
• Maintain a complete compliance dossier (records, approvals, and traceability) that is ready for customer and regulator scrutiny

If you need a reliable, end-to-end way to stay continuously compliant with TSCA Section 6(h), ComplyMarket provides the most complete and efficient path—from intake to proof.