U.S. TSCA Reform Update: Recent Implementation Activities

Recent TSCA Implementation Activities Categories: Industry News Aug 15, 2017

On June 22, 2016, the primary chemical control legislation in the United States, the U.S. Toxic Substances Control Act (TSCA), underwent significant amendment. Enacted as the Frank R. Lautenberg Chemical Safety for the 21st Century Act, this TSCA Reform includes substantial new responsibility and authority for the Environmental Protection Agency (EPA) for oversight of chemical safety in the U.S.

Since enactment, considerable implementation activities have been underway in order to meet mandated deadlines included in the Act.

On June 22, 2017 as required by statutory deadlines under the TSCA Reform, EPA issued the pre-publication Federal Register notices of three new final framework rules that address processes for required implementation activities:

  1. Procedures for Prioritization of Chemicals for Risk Evaluation: Prioritization process and criteria for designation of chemicals as high or low priority for risk evaluation
  2. Procedures for Chemical Risk Evaluation: Risk evaluation process requiring an affirmative finding for high priority chemicals to determine whether or not these chemicals present an unreasonable risk to human health or the environment
  3. TSCA Inventory Notification (Active-Inactive) Reporting Requirements: Process to a report chemicals in commerce over the ten years preceding enactment of Reform to establish chemical substances on the TSCA Inventory that are “active”, so that the EPA may focus prioritization and evaluation efforts on only these substances

On this date EPA also published pre-publication Notices in the Federal Register addressing the scope of the risk assessments for the first ten chemicals identified to undergo risk evaluations. These ten chemicals are:

N-methylpyrrolidone – Proposed Rule also issued under TSCA Section 6(a)

Methylene Chloride – Proposed Rule also issued under TSCA Section 6(a)

Trichloroethylene – Proposed Rule also issued under TSCA Section 6(a)

1,4-Dioxane

1-Bromopropane

Asbestos

Pigment Violet 29

Carbon Tetrachloride

Tetrachloroethylene

Cyclic Aliphatic Bromide Cluster

Final Framework Rules

On July 20, 2017 EPA published two of the Final framework rules in the Federal Register: the Procedures for Prioritization of Chemicals for Risk Evaluation and the Procedures for Chemical Risk Evaluation. These Final Rules will become effective on September 18, 2017.

On August 11, 2017, EPA published the Final Rule in the Federal Register for the TSCA Inventory Notification. This Rule is effective immediately as of August 11, 2017. Of key importance is that manufacturers and importers will now have 180 days from this effective date to report their chemicals in commerce in the ten year period from June 21, 2006 to June 21, 2016 (the “lookback period”) to EPA for designation as active on the TSCA Inventory. Failure to do so will result in the loss of compliant commercial activity for substances not designated as active.

Additionally, EPA published a Notice of availability of the guidance document which includes information to assist interested parties who wish to develop and submit draft risk evaluations to EPA.

In addition to the above, there are numerous other Proposed Rules, Final Rules, and Notices being issued under TSCA Reform.

Keeping abreast of the fast-paced implementation activities, the requirements, and the impacts to your business can be a daunting task. For assistance in understanding the requirements and impacts under TSCA Reform, contact the UL Regulatory team. We have global expertise ready to assist you!

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