There was initially no de minimis in terms of HP substances concentrations in products and the obligation was suppose to apply by March 27th, 2020.
However, various electronics manufacturing associations and groups were concerns about implementation challenges and claimed of exemptions to reduce the burden.
As a result, the American EPA announced on March 25th, 2020 its plan to modify the rules and to propose exemptions for manufacturers that:
- Import a HP substance in an article
- Product a HP substance as a byproduct
- Product or import a HP substance as an impurity
What should you do as an importer or a producer?
1 – Evaluate whether your products contain any of the HP substances. By doing so, you may consider performing risk assessments based on due diligence. In that task, you could consider the IEC 63000 standard.
2 – If the risk of containing any of the HP substance is medium to high, then your company may consider to inform the EPA and may have to register via the Chemical Data Exchange (CDX) system and pay applicable fees.