TSCA restricted substances: Changes in January 2021

On January 6, 2021, the U.S. Environmental Protection Agency (EPA) published final rules under Toxic Substances Control Act (TSCA) Section 6(h) to restrict the importation and use of five persistent, bioaccumulative, and toxic (PBT) chemicals. The final rules took effect on February 5, 2021. The associated requirements (restrictions) came into force on March 8, 2021 (60 days after publication) for manufacturers of some of these substances, although others have a longer in-force period. January 6, 2022 appears to be the enforcement date for product distributors of chemicals whose manufacturing restrictions came into force earliest, although enforcement dates for distributors of some chemicals may be later.

These chemicals include:

  • PIP (3:1), phenol, isopropylated phosphate (3:1), CAS 68937-41-7 (restriction date per originally published final rule: March 6, 2021).
  • DecaBDE, decabromodiphenyl ether, CAS 1163-19-5 (restriction date per originally published final rule: April 6, 2021).
  • 2,4,6 TTBP, 2,4,6-tris(tert-butyl)phenol, CAS 732-26-3 (restriction date per originally published final rule: March 8, 2021).
  • HCBD, hexachlorobutadiene, CAS 87-68-3, (restriction date per originally published final rule: March 6, 2021).
  • PCTP, pentachlorothiophenol, CAS 133-49-3 (restriction date per originally published final rule: March 6, 2021).     

On March 8, 2021, the EPA issued an update on the implementation of these new restrictions. Important aspects of this update include:

  • A 60-day public comment period, seeking input on the following issues:
    • Whether the rules sufficiently reduce exposure to these chemicals.
    • Newly-raised compliance issues associated with the finale rule on PIP (3:1).
    • Whether to consider additional or alternative measures or approaches.
  • A temporary 180-day "No Action Assurance" indicating that the EPA will use discretion on enforcement issues related to the prohibitions on processing and distribution of PIP (3:1) for use in, and as used in, articles. 
    • However, documentation and customer notification requirements related to PIP (3:1) in the final rule are still in effect as of the originally established date. 

Assent recommends that companies potentially affected by these requirements monitor the EPA's website and other news channels for ongoing updates.

For more information, see "TSCA restricted substances: Information on substances restricted in Q1 2021", "TSCA 2021 chemical restrictions and PIP (3:1): Where to start", and other TSCA help center articles.

 

References:

https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/persistent-bioaccumulative-and-toxic-pbt-chemicals-under

https://www.epa.gov/newsreleases/epa-seeks-public-comment-protecting-human-health-and-environment-pbt-chemicals

Article is current as of 2021-03-12.

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