Frequent Questions

Does EPA consider any product a consumer may buy a TSCA consumer product?

No, to meet the definition at 40 CFR 721.3, a consumer product must be a chemical substance “sold or made available to consumers for their use in or around a permanent or temporary household or residence, in or around a school, or in recreation.” EPA provided examples in the Ethylene Glycol Ethers SNUR’s (79 FR 74639) Response to Comment document (!searchResults;rpp=25;po=0;s=EPA-HQ-OPPT-2009-0767-0035;fp=true;ns=true):

“However, EPA would not consider ethylene glycol ethers to have been ‘sold or made available to consumers for their use’ merely because they have been sold or made available to automobile manufacturers or commercial auto service establishments (for their use in manufacturing or maintaining customers’ motor vehicles). By contrast, ethylene glycol ethers that are sold or made available to a consumer, for the consumer’s own use in maintaining his or her own motor vehicle (e.g., as part of an aftermarket brake fluid) would fall within the definition of ‘consumer product.’”

“For purposes of defining the scope of the significant new use, EPA has determined that the use of ethylene glycol ethers in sealed lithium batteries (whether primary or secondary) is not use in a consumer product. An ethylene glycol ether is not being sold or made available to consumers for their use, 40 CFR 721.3, merely because it is contained in the electrolyte of sealed lithium batteries, which are themselves used by consumers. With this clarification, EPA is finalizing the significant new use for monoethylene glycol dimethyl ether as “any use in a consumer product.”

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