In an announcement that portends substantial regulatory changes, the head of the US EPA Chemicals Office announced a shift in policy to further regulate chemicals within manufactured goods or finished products. The change would mean that importers, manufacturers, and processors will need to know the chemicals in manufactured or finished goods and assess whether the US EPA restricts those chemicals.

The US EPA announced these changes during remarks to the Product Stewardship Society on September 28, 2021. The US EPA already viewed chemicals in manufactured or finished goods as subject to the Toxic Substances Control Act (TSCA), shifting years of policy in which the agency carved out exemptions for certain products.

Since the beginning of the Biden Administration, regulatory actions by the US EPA on persistent, bioaccumulative, and toxic (PBT) chemicals show how the agency may impose this new view on regulating articles under TSCA.

• In January 2021, the US EPA issued regulations for five PBT chemicals, which restricted the presence of some of these chemicals in products or articles, starting in 2021, with some compounds receiving an extension as certain industries were not given enough notice to find substitutions.
• In June 2021, the US EPA issued a proposed rule that would require reporting from importers of articles containing polyfluoroalkyl substances, or PFAS, known as “forever” chemicals. The rule would require manufacturers and importers of articles that contain at least one listed PFAS chemical in any year since January 1, 2011, to report on PFAS uses, production volumes, disposals, and hazards.

These actions indicate that the US EPA under the new Administration is taking environmental impacts and public health very seriously.

Please note that this article is not a legal discussion about these rules and policies. If you are considering taking action based on any of these items, you must discuss it thoroughly with a qualified legal professional.

CCES has the technical experts to help your company and operations reduce its chemical- or health-based impacts on workers and neighbors, avoiding potential fines and enforcement penalties. Contact us today at 914-584-6720 or at karell@CCESworld.com.