Members of the Chlorinated Paraffins Industry Association (CPIA) — Dover Chemical, Inovyn and Qualice LLC — have signed consent orders (CO) with the U.S. Environmental Protection Agency (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).
CPIA was formed in the late 1970’s to address the TSCA (Toxic Substances Control Act) Interagency Testing Committee’s recommendations for testing chlorinated paraffin.
Notices of Commencement (NOCs) are now being submitted to the EPA for these substances which will trigger EPA to add these substances to the TSCA Inventory. A notice will be published in the Federal Register soon.
EPA will also be issuing a Significant New Use Rule (SNUR) soon that applies the CO requirements to any manufacturer or importer of these substances who are not signatories to the consent order.
The CO and SNUR will require manufacturers and importers of these substances to conduct a series of triggered environmental fate and aquatic toxicity studies over the next five years. It also limits the use of CPs 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.”
The organisation said it believes that these uses cover all current existing applications of these CP substances.
The consent order requires suppliers to get prior written acknowledgment 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 United States, EPA is now adding this acknowledgment requirement to all customers of substances subject to consent orders.
This prior acknowledgment will sunset 75 days after the final SNUR is issued.
CPIA is now in the preliminary stages of developing a testing program to address the EPA’s requirements and will be working to complete this testing program within five years.