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Recent updates to measures designed to control toxic chemicals in the environment complicate compliance for companies across a variety of sectors. Bruce Jarnot, a regulatory and sustainability expert at Assent, tells companies what they need to do to avoid steep penalties that can include prison time.
The EPA can use Toxic Substances Control Act (TSCA) to restrict the use of certain substances (e.g. asbestos insulation or lead paint) that are deemed harmful to human health or to the environment. In certain cases, treated articles that include those harmful substances may also be restricted. Non-compliance may result in penalties of up to $50,000 per violation per day or prison time.
Obligations regarding TSCA restrictions can be simplified into three key aspects. Companies must:
- Document the use of restricted substances in parts, materials and products, and retain the documentation for a minimum of three years.
- Communicate the presence of banned substances to commercial customers.
- Evaluate consumables used in-house (e.g. hydraulic fluid, seals or gaskets) and service parts used for U.S.-based manufacturing and warehouse operations to determine if they contain in-scope restricted substances.
Evolving requirements
In 2016,…
