The Toxic Substance Control Act (TSCA) was officially implemented on October 11, 1976. The Act 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. After several revisions, it has now become the effective regulation of chemical substances in the United States.
The Hazardous Substances Final Rule is based on TSCA Section 6 requirements that require the Environmental Protection Agency (EPA) to take expedited regulatory action to regulate persistent, bioaccumulative and toxic (PBT) chemicals. The final rule must be issued within 18 months of issuing the proposed rule, banning or restricting the production, processing, and distribution of hazardous substances. At present, the US EPA has issued a final rule for the control of hazardous substances to control five PBT substances, and has released 33 substances for risk assessment, of which ten substances have completed the final risk assessment.
TSCA divides chemical substances in the United States into "existing substances" and "new substances" for management.
For substances not listed on the TSCA list, i.e. new substances, if the exemption conditions are not met, the manufacturer or importer of the substance must make a PMN (pre-manufacturing) declaration.
For "existing substances", companies need to focus on two control requirements of the Significant New Use Rule (SNUR) and the Hazardous Substances Final Rule. Among them, the Hazardous Substances Final Rule is based on the requirements of Section 6 of TSCA, which requires the EPA to take rapid regulatory action to control persistent, bioaccumulation, and toxic (PBT) chemical substances, prohibit or restrict the production, processing, and distribution of hazardous substances, aiming at reducing the exposure of these substances to the human body and the environment.
Five PBT Chemicals under TSCA section 6(h):
Restricted substances |
CAS No. |
Uses |
Scope of control |
Restriction requirements |
Implementation date |
Exemption |
Decabromodiphenyl ether (DecaBDE) |
1163-19-5 |
Flame retardant, used in imported products such as wire and cable rubber sleeves, textiles, electronic equipment casings, construction and building materials, and aerospace and auto parts |
Manufacture and processing in commerce of DecaBDE or products and articles containing DecaBDE |
Prohibit |
March 8, 2021 |
Recycled plastics, and articles and products made from such recycled plastic so long as no new decaBDE is added during the recycling or production process. |
Commercial distribution in commerce of DecaBDE or products and articles containing DecaBDE |
Prohibit |
January 6, 2022 |
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Manufacture, processing and distribution in commerce of DecaBDE-containing curtains for the service industry |
Prohibit |
July 6, 2022 |
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Manufacture, processing and distribution in commerce of DecaBDE-containing insulated wire and cable for use in nuclear power facilities |
Prohibit |
January 6, 2023 |
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Manufacture, processing and distribution in commerce of components containing DecaBDE for use in aerospace vehicles |
Prohibit |
January 8, 2024 |
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Manufacture, processing and distribution in commerce of automotive replacement parts containing DecaBDE |
Prohibit |
After the end of the vehicle's useful life or 2036, whichever comes first |
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Distribution in commerce of plastic shipping pallets containing decaBDE manufactured before March 8, 2021 |
Prohibit |
At the end of the pallet's service life |
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Phenol, isopropylated phosphate (3:1) (PIP (3:1)) |
68937-41-7 |
Flame retardant in plastics, used as functional fluids in aircraft and industrial machinery. |
Processing and distribution of PIP (3:1) or products and articles containing PIP (3:1) |
Prohibit |
March 8, 2021 |
1. Hydraulic fluids used in the aviation industry or to meet military safety and performance specifications, if there is no alternative chemical that meets the requirements of the US Department of Defense; 2. Used in lubricants and greases; 3. Used in motor vehicles and aerospace vehicles and parts; 4. Used as an intermediate in the production of cyanoacrylate adhesives in closed systems; 5. Used in special engine air filters for locomotives and ships; 6. Recycled plastics and products made from such recycled plastics, if no new PIP (3:1) is added during the recycling or reproduction process. |
Processing and distribution PIP (3:1) for adhesives and sealants, PIP (3:1)-containing products for adhesives and sealants, and PIP (3:1)-containing adhesives and sealants |
Prohibit |
January 6, 2025 |
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Processing and distribution of PIP (3:1) for photographic prints and photographic prints containing PIP (3:1) |
Prohibit |
January 1, 2022 |
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2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP) |
732-26-3 |
Antioxidants in fuel additives and injector cleaners, and additives in motor oils and lubricants. |
Distribution in commerce of 2,4,6-TTBP and products containing 2,4,6-TTBP in any container with a volume of less than 35 gallons. |
Concentrations ≤0.3% |
January 6, 2026 |
/ |
Processing and distribution in commerce of 2,4,6-TTBP, and products containing 2,4,6-TTBP, for use as an oil or lubricant additive |
Concentrations ≤0.3% |
January 6, 2026. |
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Pentachlorothiophenol (PCTP) |
133-49-3 |
Used in rubber industry |
Manufacturing (including import), processing in commerce of HCBD and HCBD-containing products or articles |
Concentrations ≤1% |
March 8, 2021 |
/ |
Distribution in commerce of HCBD and HCBD-containing products or articles |
Concentrations ≤1% |
January 6, 2022 |
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Hexachlorobutadiene (HCBD) |
87-68-3 |
Rubber manufacturing and solvents in hydraulic, heat transfer or transformer fluids |
Manufacturing (including import), processing, and distribution in commerce of HCBD and HCBD-containing products or articles |
Prohibit |
March 8, 2021 |
The unintentional production of HCBD as a byproduct during the production of chlorinated solvents, and the processing and distribution in commerce of HCBD for burning as a waste fuel. |
Substance name |
Substance classification |
CAS No. |
Status (Risk Management) |
Asbestos |
N/A |
1332-21-4 |
Final risk evaluation (November 2020) |
1-Bromopropane |
Solvents |
106-94-5 |
Final risk evaluation (August 2020) |
1,4-dioxane |
Solvents |
123-91-1 |
Final risk evaluation (November 2020) |
Carbon Tetrachloride |
Solvents |
56-23-5 |
Final risk evaluation (October 2020) |
C.I. Pigment Violet 29 (PV29) |
dyestuff |
81-33-4 |
Final risk evaluation (January 2021) |
Cyclic Aliphatic Bromide Cluster (HBCD) |
flame retardant |
25637-99-4; |
Final risk evaluation (September 2020) |
3194-55-6; |
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3194-57-8 |
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Methylene Chloride |
Solvents |
75-09-2 |
Final risk evaluation (June 2020) |
N-Methylpyrrolidone (NMP) |
Solvents |
872-50-4 |
Final risk evaluation (November 2020) |
Perchloroethylene |
Solvents |
127-18-4 |
Final risk evaluation (November 2020) |
Trichlorethylene (TCE) |
Solvents |
79-01-6 |
Final risk evaluation (November 2020) |
CIRSC&K Testing Reminder:
Enterprises need to understand the regulatory requirements quickly, formulate a management and control plan suitable for their own company, and determine the compliance of their products through testing or supply chain investigations.CIRSC&K Testing can provide enterprises with targeted service solutions, assisting companies in completing hazardous substance investigations, responding to regulatory requirements in a timely manner, reducing corporate export risks, and continuing to follow up on regulatory developments to provide strong technical support for smooth export of corporate products.
Our services
- Hazardous Substances Testing;
- Carrying out TSCA directory and confidential directory queries;
- Responding to existing substances listed on the TSCA Inventory;
- Pre-production notification exemptions (including substances governed by other regulations, substances used in research and development, low production substances, and polymers);
- Pre-Production Notifications (PMNs); and
- Significant New Use Notice (SNUN).
If you have any needs or questions, please contact us attest@cirs-group.com.
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