Sunset Dates

TSCA health and safety data reporting Effective date Sunset date 10/04/82 10/04/92 EPA 2001 40CFR716.120(c)... 

All chemical substances within a category are subject to all the provisions of part 716 for the time period from the effective date of the category until the sunset date. 

Once a substance is included in Annex XIV and the so-called sunset date has passed (Article 58),15 authorisation must be sought by any manufacturer, importer or downstream user wanting to use the substance or to place it on the market on its own, in preparations (above certain concentrations) or for incorporation into articles... 

There are no limitations on how early or how late the sunset date can be set. Furthermore, in spite of non-authorisation, a substance might still be permitted in articles after the sunset date (Article 69(2)). 

CAS 107-06-2 Effective Date 6/1/87 Sunset Date 6/1/97 Chemical Test Rules... 

Calculated from Sunset Dates of Chemicals Subject to Final TSCA Section 4 and Related 12(b) Actions, September 1,2009, available at http //www.epa.gov/oppt/chemtest/pubs/sunsettable. html. This total does not include studies performed pursuant to the voluntary initiatives such as the High Production Volume challenge, but does include HPV chemicals that were not voluntarily studied and were later the subject of test rules. See Chapter 10. Voluntary Initiatives, for a discussion of the HPV and other voluntary programs. 

Test rules expire at the end of the reimbursement period. The reimbursement period is at least five years after the last non-duplicative test has been submitted to the EPA. In addition to being published in the Federal Register, the EPA has posted on the Internet a more easily accessible list of all of test rules promulgated so far for which a sunset date has been calculated. ... 

Sunset Dates of Chemicals Subject to Final TSCA Section 4 and Related 12(b) Actions (Sept. 1, 2009), available at http //www.epa.gov/oppt/chemtest/pubs/sunsettable.html. 

In calculating penalties, it is important to keep in mind the sunset provisions of 4 test rules. When a violation of 4 arises, the export notification requirements of 12(b) may also have been violated if the product was exported. After the sunset date of a test rule, the export notification requirement also terminates. As a practical matter, this means that if the test rule expired in 2005, there can be no export notification penalties imposed for an export in 2006. 

For more than half a century, brominated flame retardants (BFRs), often combined with synergists such as Sb203, have been used to reduce the risk of fire in clothing. S ome of them have been listed on Annex XVn (REACH) for restriction (see Table 1.2) or Annex XIV (REACH) for authorization (see Table 1.3). HBCD (hexabromocy-clododecane) and deca-BDE (decabromodiphenylelher) are submitted to notification requirements because they are listed as substances of very high concern (SVHCs). HBCD is on Annex XIV (a list of substances proposed for authorization) in REACH, the so-called sunset date for HBCD is August 21,2015. After this date only authorized uses of HBCD will be allowed in Europe. 

Phthalates can be divided into low and high molecular weight plasticizers. Low molecular weight phthalates have a backbone of three to six carbon atoms. Examples are DEHP, DBP, DIBP, and BBP. Risk assessments led to the classification and labeling of these substances as Reproductive agents (Cat. IB) and they were put on the Authorisation List (annex XIV, REACH). The sunset date was Eebruary 21, 2015. After this date these plasticizers can no longer be used unless an exemption is granted. 

The application for authorisation should be received at the latest 18 months before the sunset date Companies using or making available substances mentioned in Annex XIV need to apply for an authorisation for each use of the substance (regardless of the quantity) within the set deadlines. It is the duty of the applicant to demonstrate that the risk from the use is adequately controlled or that the socio-economic benefits outweigh the risks. 

SVHC substances are prioritized by ECHA with input from other government agencies, and decisions are made as to (a) whether a substance will be subject to authorization, (b) which uses do not require authorization (e.g., if they are regulated by other laws), and (c) the sunset date after which the chemical may not be used unless it is authorized. 

Once a chemical substance or mixture is added to the rule, reporting obligations terminate (i.e., sunset) no later than 2 years after the effective date of the listing of the substance or mixture, or on the removal of the substance or mixture from the rule. 

The regulatory actions that tri er export notifications do not sunset, except for 4 test rules. Therefore, all chemicals for which export notifications are required, except those chemicals that require export notifications only because they are subject to a promulgated 4 test rule, continue to require export notifications in perpetuity, or until they are withdrawn. Test rules expire, however they may be in effect for as long as ten years. EPA pubhshes a Hst of Simset Dates/Status for Chemicals Subject to Section 4 Actions. This Hst contains the date it was last updated. Keep in mind that a notification that a 4 chemical has sunset does not necessarily mean that an export notice is no longer required. That chemical may also be the subject of another TSCA action triggering export notice requirements, so the exporter still needs to conduct due diligence. EPA is developing a... 

The Act is ambiguous about whether EPA s authority under this Act is limited in time. One possible interpretation is that it will expire December 19, 2012, five years after the date of enactment. The ambiguity arises because this sunset provision is located in the discussion of EPA s authority to make grants, in 501, which uses the word section instead of title, when discussing the time limitation. Support for the alternative reading, that the sunset provision appHes to the entire title, is found in 503, which requires EPA to submit an annual report to Congress on all activities carried out in this title, until the expiration of authority as described in the sunset provision. 

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