Skip to main content
  • News Story

EPA Requests Comments on PBT Rules

The U.S. EPA has opened a public comment period to collect input on five persistent, bioaccumulative, and toxic (PBT) chemical substances.

Laboratory worker with blue gloves holds a pipette with green liquid over a several test tubes

April 12, 2021

In the waning days of the Trump administration, the U.S. Environmental Protection Agency (EPA) published final rules under Section 6 of the Toxic Substances Control Act (TSCA) to regulate five persistent, bioaccumulative, and toxic (PBT) chemical substances. See our previous article entitled “EPA Regulates Five PBT Chemicals” for additional information regarding the final rules.

On March 16, 2021, the EPA published a notice announcing a 60-day public comment period to collect additional input on the final PBT rules. More specifically, the EPA is seeking comments on the final rules, including whether there are further exposure reductions that could be achieved, including exposure reductions for susceptible subpopulations and the environment; implementation issues associated with the final rules; and whether to consider additional or alternative measures or approaches. In particular, EPA is seeking comments on newly raised issues associated with the March 8, 2021, compliance date in the PIP (3:1) rule for certain regulated articles. Comments must be received on or before May 17, 2021.

In a separate but related action, the Agency announced its decision not to pursue enforcement actions for violations of the prohibitions on the processing and distribution of PIP (3:1) for use in articles, or articles containing PIP (3:1) for up to 180 days. This announcement came in the form of a “No Action Assurance” dated March 8, 2021

Recommended action items

  • Review the materials to which links are provided in this article;
  • Consider submitting comments; and
  • Continue to watch this space, as we frequently post articles regarding significant new developments under TSCA.

References

Environmental Protection Agency.  “Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under TSCA Section 6(h); Request for Comments” Federal Register 86 (16 March 2021): 14398-14401.  2021-05138.pdf (govinfo.gov).

Never Miss an Update:

UL’s global regulatory assurance team contains more than 50 regulatory analysts worldwide, serving customers in six continents, with multilingual support in more than 30 languages. Our team can help you navigate the complex, ever-changing regulatory landscape to understand and execute your compliance obligations. For all of the latest regulatory news and the most important industry updates, sign up for our monthly Regulatory Round-Up Newsletter.

Please wait…

Get in touch

Have questions, need specifics? Let's get this conversation started.

Help and support

How can we help?