The U.S. Toxic Substances Control Act Dates to 1976,(TSCA) allows the Environmental Protection Agency (EPA) to comprehensively manage chemicals in U.S. commerce. The EPA can use Section 6 of TSCA to restrict the use of the existing substance

In 2016, TSCA was recast as the Frank R. Lautenberg Chemical Safety for the 21st Century Act, also known as “New TSCA” or the “Lautenberg Chemical Safety Act.” The recast:

  • ● Mandates the evaluation of existing chemicals with clear and enforceable deadlines
  • ● Requires the development of risk-based chemical assessments.
  • ● Increases public transparency for chemical information.
  • ● Provides consistent funding for the EPA to carry out responsibilities under the new law.

The recent risk management rules for five persistent, bio-accumulative, and toxic chemicals are the first of many risk management rulemakings under TSCA.

What Substances had EPA Restricted? 

Between 1976–2020, the EPA Restricted Nine Substances or Substance Families Under TSCA.

  • ● Phenol, isopropylated phosphate (3:1), CAS 68937-41-7  [Flame retardant and plasticizer]
  • ● Decabromodiphenyl ether, CAS 1163-19-5 [Flame retardant]
  • ● 2,4,6-tris(tert-butyl)phenol, CAS 732-26-3 [ Antioxidant, lubricant, and fuel additive]
  • ● Antioxidant, lubricant, and fuel additive [Hydraulic, heat transfer, or transformer fluid]
  • ● Pentachlorothiophenol, CAS 133-49-3 [Plasticizer]

Obligations from March 8, 2021 

  1. ● Example: Forklifts (hydraulic fluid, gaskets, seals, etc.).
  2. ● Example: Milling and grinding machinery (non-aqueous cutting fluids).
    1. 4. Environmental releases have also prohibited some thoughts on supplier risk scoping.

    What are the Parts, Materials, & Fluids Might Be Impacted? 
    Low risk: 

    • ● Electronic components, PCB boards
    • ● Electrical insulation, plastic enclosures
    • ● Power supplies, power cords, wiring harnesses
    • ● Vinyl cable jacketing and wire sheathing
    • ● Hydraulic fluids, cutting fluids, lubricants
    • ● Gaskets, seals, o-rings
    • ● Rubberized and plasticized components
    • ● Flame-retardant resins, thermoplastics

    Draft risk management rules are expected 12 months after the issue of the final risk evaluation that means by the end of 2021 or early 2022.