FLUKE
Kimball Electronics
Tolomatic
Industrial Scientific
AHEAD
roboception
FLUKE
Kimball Electronics
Tolomatic
Industrial Scientific
AHEAD
roboception
By Abhishek Shetty | Wed Dec 21 2022 | 2 min read

Table of Contents

What Is TSCA Section 6(h)?

The Frank R. Lautenberg Chemical Safety for the 21st Century Act, enacted in 2016, includes a provision under TSCA section 6(h) that requires the U.S. Environmental Protection Agency (EPA) to take expedited action on specific Persistent, Bioaccumulative, and Toxic (PBT) chemicals to address risks and reduce exposures to the extent practicable.

In 2016, the EPA identified five PBT chemicals for expedited action and issued a proposed rule in 2019.

In January 2021, the EPA finalized rules restricting five specific PBT substances—known collectively as the TSCA PBT 5.

Under the Toxic Substances Control Act (TSCA), the EPA has the authority to regulate chemicals that are persistent, bioaccumulative, and toxic in order to protect human health and the environment. These chemicals can build up in the environment over time and can have potential risks for exposed populations, including the general population, consumers and commercial users, and susceptible subpopulations (such as workers, subsistence fishers, tribes, and children).

The TSCA PBT 5 Substances

These substances have widespread industrial applications and are now regulated:

The TSCA PBT section 6h 5 Substances.PNG

Who Is Affected by TSCA 6(h)?

Even if you're not manufacturing these chemicals, your company may be impacted if you:

  • Import parts or finished goods containing these substances
  • Assemble products with flame retardants, plasticizers, or specialized rubber components
  • Ship products into the U.S. market

This affects industries like electronics, automotive, machinery, and industrial equipment.

Compliance Responsibilities in a Manufacturing Company

For a non-chemical manufacturer, TSCA 6(h) compliance involves several teams:

  • Compliance/Regulatory Affairs: Lead the program, supplier outreach, and documentation
  • Procurement: Engage suppliers for declaration collection
  • Engineering/R\&D: Approve material changes or substitutions
  • Legal: Review exemptions, ensure documentation meets audit standards
  • Product Stewardship: Maintain BOM integrity, update PLM/ERP systems

TSCA Section 6(h) Compliance Checklist

  1. Substance Screening
    • Review BOMs, SDSs, FMDs for the 5 PBT substances
    • Focus on plastic, rubber, and electrical components
  2. Supplier Declarations
    • Distribute TSCA PBT declaration templates
    • Collect CAS number confirmations and usage declarations
  3. Documentation
    • Maintain signed declarations, screening reports, exemption justifications
  4. Exemption Review
  5. Internal Coordination
    • Share findings with sourcing, engineering, legal teams
    • Update material approval workflows
  6. Monitoring & Training
    • Subscribe to EPA updates
    • Recertify suppliers annually or with product changes
    • Conduct internal training on TSCA fundamentals

Managing Supplier Declarations

Use IPC-1752A XML or Excel-based declaration forms to collect:

  • Internal Item Number
  • Manufacturer Name and Part Number
  • Presence of PBT (Yes/No/Unknown)
  • Specific PBT (e.g., PIP 3:1, DecaBDE)
  • CAS Number
  • Reason for use or exemption
  • Supporting documents (FMD, SDS, CoC)

TSCA 6(h) Exemptions & Deadline Updates

EPA granted extensions for PIP 3:1 due to its prevalence in electronics and manufacturing:

  • Updated enforcement deadlines (2022 and 2024 amendments)
  • Workplace use exemptions
  • Phased-out use timelines (check EPA rule notices)

Risk of Non-Compliance

  • EPA fines up to \$50,000 per day
  • Shipment holds at U.S. customs
  • Business disruption with major OEMs or government contracts

Tools to Simplify Compliance

Need help streamlining TSCA 6(h) compliance? Contact us to explore how Acquis automates supplier declarations and substance tracking.

Topics

TSCAUSA Regulations

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TSCA Section 6(h) & PBT Compliance: What Manufacturers Must Know

TSCA Section 6(h), introduced by the Frank R. Lautenberg Chemical Safety Act (2016), requires the EPA to take expedited action—such as bans or restrictions on specific Persistent, Bioaccumulative, and Toxic (PBT) substances to reduce exposure “to the extent practicable.” This ensures faster regulation of high-risk chemicals across supply chains.
The EPA finalized rules on five PBT substances: PIP (3:1) Decabromodiphenyl ether (DecaBDE) 2,4,6‑Tris(tert‑butyl)phenol (2,4,6‑TTBP) Hexachlorobutadiene (HCBD) Pentachlorothiophenol (PCTP) Manufacture, import, processing, and distribution are restricted for these chemicals.
Compliance applies not only to chemical manufacturers but also to importers, assemblers, and electronics companies any organization importing or using goods containing listed PBTs even at trace levels.
EPA interprets this phrase to include practical considerations such as feasibility, economic burden, availability of alternatives, and health benefit. Rules issued must aim to phase out use where technically and economically reasonable.
Final rules took effect in February 2021. Compliance dates have since been extended for specific uses especially for decabDE and PIP (3:1) in electronics, aerospace, automotive, and semiconductor equipment. Phaseouts may run through 2024–2030 depending on industry and application.
Companies must retain records (e.g., declarations, screening reports) for at least five years , including exemption justifications. Downstream notification is mandatory, particularly for chemicals like PIP (3:1).
Violations can result in penalties up to $50,000 per day , shipment blocks at U.S. customs, audit findings, and disruptions with OEMs or government contracts. Minor trace PBT levels can still trigger compliance issues unless excluded.