Regulation of Persistent, Bioaccumulative and Toxic Chemical

On October 29, 2019, RILA filed comments to EPA’s Office of Pollution Prevention and Toxics (OPPT) on the Proposed Rules under section 6(h) of the Toxic Substance Chemicals Act (TSCA) that would ban the importation and distribution of consumer products containing five listed chemicals 60 days after the effective date of the final rule. Three of the listed chemicals (DecaBDE, PIP (3:1), and PCTP) are found in a significant number of consumer products, including home furnishings, appliances, tools, apparel, footwear, children’s products and toys, pet supplies, auto, office supplies, grocery, pharmacy, and personal care products.
RILA’s comments detailed retailers’ complex supply chains as well as the significant compliance challenges and potentially serious adverse economic impact of the Proposed Rules. Below are some highlights of RILA’s comments.

1. Reasonable Timeframe for Implementation

• EPA Proposed: To ban distribution of products and articles containing DecaBDE, PIP (3:1), or PCTP beginning 60 days after publication of the final rule (the presumable effective date of those rules).
• RILA Requests: EPA should set a reasonable timeframe for the implementation of the Proposed Rules to allow time for retailers to work with their supply chains. Retailers/Importers should be allowed three to five years after promulgation of a final rule to come into compliance.

2. Sell-Through Provision

• EPA Proposed: The Proposed Rules currently do not contain a sell through provision. Thus products containing DecaBDE, PIP (3:1), or PCTP that are legally manufactured and imported prior to the effective date of the Final Rule would still be banned from sale or distribution.
• RILA Requests: To prevent serious economic harm to retailers/importers, EPA should allow a sell-through provision for products manufactured and imported prior to the compliance deadline.

3. Strict Liability Standard for Compliance

• EPA Proposed: To make importer/retailers strictly liable for violating the bans on importing, distributing and sale of articles containing DecaBDE, PIP (3:1), or PCTP.
• RILA Requests: EPA should revise the proposed strict liability standard for compliance to information “known to or reasonably ascertainable” by the importer.