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TSCA Act
In October 1976, the U.S. Congress enacted the Toxic Substances Control Act (TSCA), which is a regulation for the control of chemicals circulating in the United States. The U.S. Environmental Protection Agency (EPA) is the regulatory authority for the regulation. In 2016, the Frank Lautenberg Chemical Safety Act for the 21st Century signed by former U.S. President Obama revised TSCA. TSCA divides chemical substances into “existing chemical substances” and “new chemical substances” for control respectively. Existing chemical substances are substances listed in the TSCA List, and more than 86000 are currently listed.
PBT Final Rule for Hazardous Substances
The PBT Hazardous Substances Final Rule is based on the requirement of TSCA Part 6 (h) that EPA should take expedited regulatory action to control persistent, bioaccumulative and toxic PBT chemical substances. Final rules must be issued within 18 months of issuing the proposed rule to prohibit or restrict the production, processing and distribution of hazardous substances to reduce exposure to these substances by humans and the environment. On January 6, 2021, the EPA issued final rules for the control of hazardous substances, putting forward control requirements for five PBT substances in products and articles. These rules will be gradually implemented from March 8, 2021. See the table below:
| substance name | Product control scope | prohibited activities | limits | implementation time |
| DecaBDE CAS No.:& nbsp;1163-19-5 | DecaBDE and items containing DecaBDE | manufacturing and processing | prohibited | March 8, 2021 |
| distribution | January 6, 2022 | |||
| Isopropylated triphenyl phosphate (PIP (3:1))CAS No.:& nbsp;68937-41-7 | PIP (3:1) and articles containing PIP (3:1) | processing and distribution | prohibited | March 8, 2021 |
| photographic print | processing and distribution | January 1, 2022 | ||
| Adhesives, sealants and related items | processing and distribution | January 6, 2025 | ||
| Hexachlorobutadiene (HCBD)CAS No.: 87-68-3 | HCBD and items containing HCBD | Manufacturing, processing and distribution | prohibited | March 8, 2021 |
| Pentachlorophenol (PCTP)CAS No.:& nbsp;133-49-3 | PCTP or items containing PCTP | manufacturing and processing | 1wt% | March 8, 2021 |
| distribution | January 6, 2022 | |||
| 2,4,6-Tri-tert-butylphenol (2,4,6-TTBP)CAS No.: 732-26-3 | Lubricating oils and greases containing 2,4,6-TTBP additives in passenger containers of less than 35 gallons | processing and distribution | 0.3wt% | January 6, 2026 |
SNUR
The Significant New Use Rule (SNUR) is based on the requirements of Part 5 of the TSCA. Existing chemical substances produced, imported or processed for significant new uses in the United States must submit a new use notice to the EPA 90 days before the activity; until the EPA makes a review decision, the substance is prohibited from starting activities for significant new uses; if necessary, the EPA will initiate evaluations for certain significant new use declarations.
In July 2020, the EPA issued the SNUR final amendment to long-chain perfluoroalkyl carboxylates (LCPFAC) and perfluoroalkyl sulfonate chemicals (PFAS), the significant new use rule for LCPFAC and PFAS proposed on January 21, 2015, and the LCPFAC proposed on March 3, 2020 as part of the surface coating of imported articles, the article exemption regulations no longer apply and will be implemented on September 25, 2020.
enterprise-related obligations
TSCA is called the “U.S. REACH Regulation” in the industry. Article exporting companies should clarify the product quality requirements that they should meet based on the scope of their products, and ensure that their products meet the relevant product safety provisions in the regulations through supply chain management and product testing to ensure smooth export to the United States.
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