Members of the Chlorinated Paraffins Industry Association (CPIA) Dover Chemical, Inovyn, and Qualice LLC have recently signed consent orders (CO) with EPA that approve all outstanding chlorinated paraffin (CP) premanufacture notices (PMNs) and allow these companies to either continue or initiate manufacture and import on a wide range of CP substances, including medium-chain CPs (MCCPs), long-chain CPs (LCCPs) and very long-chain CPs (vLCCPs).
Notices of Commencement (NOCs) are now being submitted to EPA for these substances which will trigger EPA to add these substances to the TSCA Inventory; a notice of this will be in Federal Register in the near future.
EPA will also be issuing a Significant New Use Rule (SNUR) in the near future that applies the CO requirements to any manufacturer or importer of these substances that is not a signatory to the CO.
The CO (and future SNUR) will require the manufacturers and importers of these substances to conduct a series of triggered environmental fate and aquatic toxicity studies over the next 5 years. It also limits the use to a flame retardant and plasticizer in PVC and polymers; a flame retardant, plasticizer and lubricant in adhesives, caulks, sealants, and coatings; an additive in lubricants including metalworking fluids; a flame retardant and plasticizer in rubber; a flame retardant and waterproofer to textiles. CPIA believes that these uses cover all existing applications of these CP substances.
Downstream users of these newly approved CP substances can expect to get a variety of new product information from your supplier(s) and should also be aware that the CO requires suppliers to get prior written acknowledgement from customers concerning the export notification requirements under TSCA Section 12(b). While the TSCA 12(b) export notification requirements apply only to companies that export a substance outside the U.S., EPA is now adding this acknowledgment requirement to all customers of substances subject to COs. This prior acknowledgement requirement will sunset 75 days after the final SNUR is issued.
CPIA is now in the preliminary stages of developing a testing program to address EPAs requirements and will be working to complete this testing program in the allotted 5-year period.