Complying with TSCA Section 6(h) PBT Regulations: What You Need to Know

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted in 2016, includes a provision under TSCA section 6(h) that requires the U.S. Environmental Protection Agency (EPA) to take expedited action on specific Persistent, Bioaccumulative, and Toxic (PBT) chemicals to address risks and reduce exposures to the extent practicable. In 2016, the EPA identified five PBT chemicals for expedited action and issued a proposed rule in 2019. Finally, on January 6, 2021, the EPA issued final rules on these chemicals.

Under the Toxic Substances Control Act (TSCA), the EPA has the authority to regulate chemicals that are persistent, bioaccumulative, and toxic in order to protect human health and the environment. These chemicals can build up in the environment over time and can have potential risks for exposed populations, including the general population, consumers and commercial users, and susceptible subpopulations (such as workers, subsistence fishers, tribes, and children).

The five PBT chemicals that the EPA has taken expedited action on are:

1. Phenol, isopropylated phosphate (3:1) or PIP 3:1 (CAS 68937-41-7)
2. Decabromodiphenyl ether (DecaBDE) (CAS 1163-19-5)
3. 2,4,6-tris(tert-butyl)phenol (2,4,6 TTBP) (CAS 732-26-3)
4. Hexachlorobutadiene (HCBD) (CAS 87-68-3)
5. Pentachlorothiophenol (PCTP) (CAS 133-49-3)

To meet the requirements of TSCA PBT regulations for these substances, companies should:

• Record their use of restricted substances in their products, parts, and materials.
• Keep this documentation for at least three years.
• Notify their downstream customers about the presence of any TSCA-restricted substances in their products.

PIP 3:1 Compliance Extension: New Dates to Keep in Mind

In September 2021, the EPA announced its intent to initiate a new rulemaking process and plans to propose new rules in the Spring of 2023 for these five PBT chemicals. Additionally, in March 2022, the EPA issued a final rule that further extends the compliance dates for the prohibitions on processing and distribution, and the associated recordkeeping requirement of one of these PBT chemicals, phenol, isopropylated phosphate (3:1) or PIP 3:1, when used in certain articles until October 31, 2024. This action was based on the detailed information provided during the 60-day public comment period for the EPA's October 2021 proposal.

Phenol, isopropylated, phosphate (3:1) is widely used for both its flame retardant and lubricating properties. A number of applications to which flame retardants such as PIP (3:1) are added include the use in textiles, rubber, polyurethane foam, antistatic agent, cellulose, cotton, cutting oils, electronic equipment such as video display units cables, casting resins, glues, engineering thermoplastics, epoxy resins, and phenolic resins.

It is important for companies to be aware of these new rules and to take the necessary steps to comply with them in order to avoid potential regulatory action. In addition, it is important for companies to monitor the developments surrounding these PBT chemicals and any future changes to the regulations that may be made by the EPA. By doing so, companies can ensure that they are operating in a safe and sustainable manner and protecting the health of their employees and the environment.