TSCA Compliance Services from GreenSoft Technology
The Toxic Substances Control Act now impacts electronics producers
Recent rule changes to the Toxic Substances Control Act (TSCA) have put the electronics industry on high alert.
On January 6, 2021, US Environmental Protection Agency (EPA) passed new rules banning or restricting five persistent, bioaccumulative and toxic (PBT) substances.
Unlike prior rules which largely applied only to the production, processing, and importing of chemicals, these new rules include restrictions on substances present in articles.
Of the five restricted substances, PIP 3:1, is currently widely used as a flame-retardant plasticizer for PVC, and has been found to be commonly used in electronic equipment. Figure 2, below, shows some of the equipment and components in which PIP 3:1 is commonly present.
Another of the five substances, DecaBDE, was commonly used in electronic equipment in the past, but due to its restriction under the EU RoHS Directive and EU REACH regulation Substances of Very High Concern (SVHC) Candidate List, it has become less common in electronic equipment over time. The remaining three restricted substances are not likely to be present in electronic equipment.
Starting September 4, 2021, articles manufactured or sold in the US may no longer contain any amount of PIP 3:1. The clock is ticking for electronics producers to remove this substance from their supply chain.
Violations of the TSCA substance restrictions can result in civil and criminal penalties of $37,500 per violation per day, and could even include up to 1 year of jail time for intentional violations.
GreenSoft Technology helps with supply chain data collection
As part of our TSCA data services, GreenSoft Technology will contact your supply chain to collect data on the presence of PIP 3:1, PIP 3:1 and DecaBDE, or all five PBT substances in your products.
We contact your suppliers as many times as it takes to obtain complete and accurate data, and use our award-winning GreenData Manager (GDM) software to validate data, and generate compliance reports and substance analysis.
Tell the EPA your comments
The EPA published these new rules on January 6, 2021, with an original effective date of March 8, 2021. Due to pressure from the electronics industry, the EPA announced a 180-day extension on March 8, pushing the deadline to remove PIP 3:1 from articles to September 4, 2021.
On March 8, the EPA also opened a new 60-day comment period for companies and industry stakeholder to provide comments on the substance restrictions, and on the ability of affected companies to comply by September 4.
Companies who feel that more than 180 days is needed to address PIP 3:1 in their products are encouraged to provide a comment to the EPA before May 7, 2021.