A TSCA reform major shift: No grandfathered chemicals

August 25th, 2016 by Dakota Software Staff Industry News

The original Toxic Substances Control Act made a major concession in terms of which chemicals it would actively review or investigate. That version of TSCA, passed in 1976, allowed many chemicals already used in numerous forms of commerce to bypass testing procedures and remain in various industrial and commercial applications. Now, the updated requirements in the new version of the act mean many chemicals long utilized in a variety of processes and products will face scrutiny from the Environmental Protection Agency (EPA) for the first time.

A major change in regulations and business operations
The many additions and alterations to the TSCA reform mean lots of short- and long-term changes. The potential review of many chemicals long considered safe from new regulatory action is among the most severe for businesses. Industrial processes, commercial services and a variety of products may be impacted by the review of these previously grandfathered chemicals.

Depending on the EPA's findings and the speed with which it moves through the review process - according to the American Chemistry Council, the EPA has 180 days to start reviewing its first 10 high-priority chemicals - there are a number of potential outcomes. In some instances, an acceptable analog to a restricted chemical may be easily substituted, or a small shift in production or active process may remove the need for a chemical altogether. Other businesses may not have such an easy fix, and costly and time-consuming experimentation with reformulation and alternative chemicals could create significant burdens.

The amendments to TSCA require that EPA concurrently investigates at least 20 chemicals at any given time and a new review begins as soon as one is completed.

The process may move quickly for some chemicals where the EPA reaches a conclusion in short order, which would then move the next chemical on the list into an active investigation slot. However, with just 20 reviews ongoing at once, there's little chance a given business or industry will see all or most of its commonly used chemicals reviewed - and potentially restricted or prohibited - in a short time frame.