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American TSCA testing

2023-11-06

American TSCA testing


What is TSCA in the United States ?

The U.S. TSCA  (full name: Toxic Substances Control Act ), commonly known as the U.S. Toxic Substances Control Act, was passed into effect by the U.S. Congress in 1977. It underwent major reforms in 2016 and is implemented by the U.S. Environmental Protection Agency ( EPA ). The bill aims to comprehensively consider the environmental, economic and social impacts of chemical substances circulating in the United States and prevent " unreasonable risks " to human health and the environment .


The TSCA Act is the primary regulation in the United States to effectively manage chemical substances for commercial use.

For companies whose products are listed in TSCA regulatory categories, compliance with TSCA regulatory requirements is a necessary condition for products to enter the U.S. market.


On January 6 , 2021 , the U.S. Environmental Protection Agency ( US EPA ) published the final rule for five persistent, bioaccumulative, and toxic ( PBT ) substances in the Federal Register , 40 CFR 751.401-751.413 , *** The final rule sets out control requirements for five hazardous substances in substances, mixtures or articles. The regulations will officially take effect on February 5 , 2021 .


The five hazardous substances proposed include:

1. DecaBDE decabromodiphenyl ether

2. PIP (3:1) isopropylated triphenyl phosphate

3. PCTP pentachlorothiophenol

4. HCBD hexachlorobutadiene

5. 2,4,6-TTBP 2,4,6 tri - tert- butylphenol


The control requirements for the five hazardous substances are as follows:

substance

regulations

Control requirements

Scope of application

limit

Implementation date

exemption

DecaBDE _

40 CFR 751.405

Manufacturing and processing of DecaBDE or products and articles containing
DecaBDE

prohibit

March 8 , 2021 _ _

Recycle plastic

Commercial distribution of DecaBDE or products and items containing  DecaBDE

prohibit

January 6 , 2022 _ _

Manufacturing , processing and distribution of DecaBDE  - containing curtains for the hospitality industry

prohibit

July 6 , 2022 _ _

Processing and distribution of DecaBDE- containing wire and cable insulation for use in nuclear power generation facilities

prohibit

January 6 , 2023 _ _

Manufacture , process and distribute components for installation in new aerospace vehicles

prohibit

January 8 , 2024 _ _

Manufacturing , processing and distribution of automotive replacement parts containing DecaBDE

prohibit

2036 or the end of the vehicle’s useful life , whichever is earlier

Distributing plastic shipping pallets containing DecaBDE manufactured before March 8 , 2021

prohibit

Until the end of the service life

Isopropylated triphenyl phosphate (PIP(3:1))

40 CFR
751.407

Processing and distribution of PIP(3:1) or products and articles containing  PIP(3:1)

prohibit

March 8 , 2021 _ _

1. Hydraulic oils for aviation or military use 2. Lubricants and lubricants used in new and replacement parts for automobiles and aerospace vehicles 3. Products used as intermediates in closed systems to produce cyanoacrylate adhesives 4. Special engine air filters for locomotive and marine applications 5. Plastics recovered from products or items containing PIP (3:1) 6. Plastics recovered from products or items containing PIP (3: 1) finished product or article






Released into bodies of water during manufacturing , processing and distribution

prohibit

March 8 , 2021 _ _

Processing and distribution of PIP (3:1) for photographic prints and photographic prints containing PIP (3:1)

prohibit

January 1 , 2022 _ _

Processing and distribution of PIP (3:1) for adhesives and sealants , products containing PIP (3:1) for adhesives and sealants and adhesives and sealants containing PIP (3:1)

prohibit

January 6 , 2025 _ _

2,4,6  tri - tert -butylphenol (2,4,6-TTBP)

40 CFR
751.409

Distribution of 2,4,6-TTBP in containers less than 35 gallons in volume

≤0.3%

January 6 , 2026 _ _

/

Processing and distribution of oils and lubricants containing 2,4,6-TTBP

≤0.3%

January 6 , 2026 _ _

Pentachlorothiophenol
(PCTP)

40 CFR
751.411

Production and processing of PCTP or PCTP- containing products and articles

≤1%

March 8 , 2021 _ _

/

Distribution of PCTP or PCTP- containing products and items

≤1%

January 6 , 2022 _ _

Hexachlorobutadiene
(HCBD)

40 CFR
751.413

Production, processing and distribution of HCBD or HCBD -containing products and articles

prohibit

March 8 , 2021 _ _

HCBD is unintentionally produced as a by- product in the manufacture of chlorinated solvents. HBCD is burned as waste fuel.


In addition, on June 28 , 2021 , the U.S. Environmental Protection Agency ( EPA ) issued a report on per- and polyfluoroalkyl substances ( PFAS ) under Section 8(a)(7) of the Toxic Substances Control Act ( TSCA ) and Notice of Proposed Rulemaking on Recordkeeping Requirements. The proposed rule would require businesses that manufacture (including import) or have manufactured these chemicals in any year since January 1, 2011 , to electronically report information on uses , production, disposal, exposure, and hazards of PFAS .


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