TSCA

In January 2021, the U.S. EPA strengthened controls on five persistent, bioaccumulative, and toxic (PBT) chemicals under TSCA Section 6(h), publishing the final rule in the Federal Register 86 FR 866-932. The rule regulates manufacturing, processing, and distribution of these substances, including raw materials, products, and finished goods.

• Toxic Chemical Reporting: Under TSCA, manufacturers or importers must report to the EPA and submit relevant chemical data. Existing chemicals require Chemical Data Reporting (CDR); for new chemicals, prior to manufacture, import, or significant new uses (Significant New Uses Rule, SNUR), a Pre-Manufacture Notice (PMN) must be submitted 90 days in advance for EPA risk assessment, review, and determination.
  Official website: ChemView | US EPA to check whether a chemical is existing; if not, it is considered a new chemical.
• Restrictions on Toxic Chemicals:
  • Includes Methylene Chloride (paint and coating removal), PCBs, asbestos (schools), lead-based paint (housing and child-occupied facilities), and formaldehyde (wood products).
  • Five PBT chemicals: 2,4,6-TTBP, HCBD, DecBDE, PIP (3:1), PCTP. Relevant regulations and exemptions are detailed below and on the official website: Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under TSCA Section 6(h) | US EPA

^{Note 1} Exemptions:

• HCBD as an unintended byproduct in chlorinated solvent production.
• Processing and distribution of HCBD for waste fuel combustion.

• ^{Note 1}: Distribution of DecaBDE-containing plastic pallets manufactured before March 8, 2021, is prohibited after pallet end-of-life.
• ^{Note 2}: Exemption for products made from recycled DecaBDE-containing plastics.
• ^{Note 3}: After aircraft/spacecraft end-of-life, prohibit import, processing, and distribution of:
  • Aircraft or spacecraft containing Decabromodiphenyl ether (DecaBDE) produced before January 8, 2024
  • Replacement parts for aircraft or spacecraft containing Decabromodiphenyl ether (DecaBDE)

^{Note 1} Exemptions:

• Hydraulic fluids for aviation or military use.
• Lubricants and greases.
• New and replacement parts for automobiles and aerospace vehicles.
• Manufacture of cyanoacrylate adhesives in closed systems.
• Special engine air filters for trains and ships.
• Plastics recovered from products or articles containing PIP (3:1).
• Products or articles made from plastics recovered from products or articles containing PIP (3:1).

^{Note 2}:

• Downstream notification requirements can be fulfilled via Safety Data Sheets (SDS) or product labels containing PIP (3:1) or products/articles containing PIP (3:1).

• Toxic Chemical Reporting:
  • CDR: Water, natural substances, polymers, microorganisms, natural gas, inseparable intermediates, impurities, by-products. Low volume (25,000 lbs or 2,500 lbs) does not require CDR reporting.
  • PMN: Research & development, export-only, polymers, test samples, low volume (10,000 kg)/low release.
• Control of Prohibited or Restricted Toxic Substances: Five persistent, bioaccumulative, and toxic substances (PBTs). Related regulations and exclusions are listed in previous sections and on the official website.

• Plastics, rubber, and oils are high-risk PBT substances.
• Existing substances under CDR must be reported every four years, with specified reporting dates.
• PMN for new chemical substances must be submitted 90 days before manufacturing or import. Since the US EPA may request additional toxicological information, submitting 12 months in advance helps ensure completion.

• Content testing of the five persistent, bioaccumulative, and toxic substances (PBTs: 2,4,6-TTBP, HCBD, DecBDE, PIP (3:1), PCTP).
• Content testing of priority list substances.

• January 2021: Added control for five persistent, bioaccumulative, and toxic substances (PBTs).
• September 2021: Delayed the control date for PIP(3:1) finished products under PBTs to October 31, 2024.