Embedded Files
Do you know how your business will be impacted by changes to the U.S. chemical control laws, namely the Toxic Substances Control Act (TSCA), Sections 4, Section 5 & Section 6?
TSCA is an EPA program that now focuses on chemical safety across the chemical life cycle, including the workplace
EPA is mandated by Congress to ensure chemical safety by determining if a chemical poses an “unreasonable risk”
Chemicals posing an unreasonable risk will be restricted or banned
EPA will tell users how certain chemicals must be managed in the workplace
New occupational exposure limits are being set that will require air sampling
TSCA requirements must be met even if a workplace is in compliance with OSHA
In 2016 the U.S. Toxic Substances Control Act (TSCA) was amended requiring EPA to ensure chemical safety by evaluating chemical hazards throughout the chemical life cycle. This Congressional mandate gives EPA sweeping new authority over chemical safety, and management including the workplace. However, after nearly 10 years of implementing the amended TSCA it has become clear that the crafters of the amendments were unaware of the existence of workplace programs and policies under OSHA at risk of duplication.
For Example:
Methylene chloride was among the first 10 chemicals prioritized by EPA for hazard review. Unfortunately, EPA began its risk evaluation process without considering the OSHA methylene chloride standard, or industry compliance with the standard. Since identifying “unreasonable risk” for most uses almost 50% of methylene chloride will be eliminated from the market. Those who continue to use methylene chloride must comply with not only the new EPA requirements but must also continue their OSHA program compliance. Depending on the industry and use, most users are required to have a time-bound plan to eliminate use of methylene chloride, and all users must now adhere to a new lower exposure limit (EPA ECEL). This shift in chemicals legislation has given EPA authority to require very prescriptive and more restrictive risk management measures unlike OSHA’s performance-based standards.
38 Chemicals List (and growing)
There are currently 38 chemicals in various stages of review. In addition to methylene chloride those that have risk mitigation rules include asbestos, trichloroethylene, perchloroethylene, and carbon tetrachloride. If you use any of these chemicals as a raw material, a lab reagent, in R&D, or in a maintenance process, it is incumbent on you to learn more about TSCA’s impact to your operations, products, research and customers. Based on EPA’s chemical hazard evaluation, at a minimum you may need to revise your hazard communication program and training, rethink your air sampling strategy by redefining your exposure groups to include “occupational non-users”, re-evaluate your air sampling data, establish new work procedures, and meet with senior management to discuss potential business and downstream user impact due to higher costs and limited chemical availability.
Health & Safety Consideration
Hazard Communication possible changes
Pictograms
Warning statements
Hazard classifications
Changes to restricted areas of use
Be aware of EPA “unreasonable risk” determinations
Be prepared to explain differing occupational exposure limits to employees
Air sampling
Be aware of new exposure limits (EPA ECELs) and the potential need to resample previously monitored areas to ensure compliance under TSCA
Sampling may be prudent for even minor and infrequent uses of additives, cleaners and solvent blends (e.g., maintenance operations)
Sampling of occupational non-users, otherwise exposures are considered the same as for occupational users
Provide EPA with detailed information on use
Impact on availability, quality and price
Some substances will be phased out over time
Be aware of phase out impact on raw materials, maintenance materials, cleaning solvents – reformulation could impact quality, performance and price
Product scarcity can increase prices
Eventual phase out will require reformulation or further work with EPA to justify continued use.
What can you do?
For substances with published risk management rules (listed above) you must comply.
For other substances in the hazard evaluation pipeline, be prepared.
For newly prioritized substances, take action.
For answers and to learn more, contact AM Health & Safety.
Page updated
Report abuse