EPA Denies TSCA Section 21 Petition Seeking the Elimination of Hazardous Chemicals Used in Mixtures in Cosmetics

On November 17, 2021, the U.S. Environmental Safety Company introduced the availability of its response to an August 16, 2021, petition filed beneath Section 21 of the Poisonous Substances Management Act (TSCA). 86 Fed. Reg. 64129. William D. Bush requested that EPA decide that the “chemical mixtures contained within cosmetics present an unreasonable risk of injury to health and the environment,” and challenge a rule or order beneath TSCA to “eliminate the hazardous chemicals used in mixtures [in cosmetics].” EPA states that after “careful consideration,” it has denied the petition. EPA notes that TSCA Section 3(2)(B) excludes “cosmetic” from the definition of “chemical substance” when manufactured, processed, or distributed in commerce to be used as a beauty. Cosmetics, and any mixture of chemical substances contained therein, are thus not chemical substances beneath TSCA when manufactured, processed, or distributed in commerce to be used as a beauty. EPA states that to the extent the petition seeks a TSCA Section 6 motion on “cosmetics” when manufactured, processed, or distributed in commerce as cosmetics, the requested actions usually are not inside its jurisdiction beneath TSCA. As well as, in keeping with EPA, to the extent the petition seeks motion on “chemical substances” inside the TSCA Section 3(2) definition of that time period, EPA finds that the petition didn’t set forth details establishing that it’s obligatory for EPA to provoke an applicable continuing pursuant to TSCA Section 21. Specifically, in keeping with EPA, the petition didn’t establish the disposal of any explicit chemical substance(s) or combination(s) that might help a willpower of unreasonable danger to the surroundings and, subsequently, didn’t set forth ample details establishing that it’s essential to challenge a TSCA Section 6(a) rule addressing beauty disposal.

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