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.
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).