The U.S. Environmental Protection Agency (EPA) is leveraging its authority under the Toxic Substances Control Act (TSCA) to require chemical companies to submit records detailing the health and environmental effects caused by 4,4'-Methylene bis(2-chloroaniline) (MBOCA). This significant step, announced on 14 December 2023, marks the first use of the EPA's section 8(c) authority in over three decades, signalling a robust approach to chemical risk evaluation.
The Focus on MBOCA: A Chemical Under Scrutiny
MBOCA, primarily used in producing rubbers, plastics, and resins, has been classified by the EPA as a probable human carcinogen. Its inclusion in the TSCA Work Plan of 2014 indicated its potential hazards and exposure risks, making it a candidate for further assessment. With the recent initiation of the statutory prioritisation process of five chemicals, including MBOCA, the EPA is on course to commence a risk evaluation of this substance within the next 9-12 months.
TSCA Section 8(c) in Action: Recordkeeping and Reporting Requirements
Under TSCA section 8(c), companies must maintain and submit records of significant adverse reactions related to human health or the environment caused by chemicals like MBOCA. These records span over 30 years for employee health effects and five years for other health-related harms and environmental impacts. The EPA's request for these records is a critical step in compiling comprehensive data to understand and evaluate the risks associated with MBOCA.
Guidance and Support for Compliance
To aid companies in complying with these requirements, the EPA has provided detailed guidance on TSCA section 8(c) Recordkeeping and Reporting, along with tools for submitting records through the EPA’s online Central Data Exchange (CDX) system. A historical document titled "Questions and Answers Concerning the TSCA Section 8(c) Rule" from July 1984 is also made available for reference.
Implications for Stakeholders
Chemical manufacturers and processors are now under a 60-day deadline, following the Federal Register notice, to submit their records to the EPA. This action underscores the importance of diligent recordkeeping and transparent reporting in the chemical industry. Stakeholders should review their compliance strategies and ensure that all relevant data is accurately reported. This initiative not only supports regulatory compliance but also contributes to the broader goal of safeguarding public health and the environment from potential chemical hazards.
Looking Ahead
The EPA's move to collect data on MBOCA is just the beginning. The agency may extend its 8(c) authority to gather data on the other chemicals currently under prioritisation. This proactive approach by the EPA reflects a renewed commitment to rigorous chemical risk evaluation and highlights the vital role of industry cooperation in achieving environmental and health safety objectives.
