HR7181-119

What This Bill Does

The Replacement Parts Availability Act changes how EPA may regulate replacement parts under the Toxic Substances Control Act. EPA must exempt replacement parts for complex durable goods and complex consumer goods that were designed before publication of a TSCA section 6 risk-management rule. EPA may regulate such replacement parts only if the section 6 risk evaluation finds that the replacement parts significantly contribute to risk to the general population or an identified susceptible subpopulation, and EPA makes an express written determination, supported by substantial evidence in the risk evaluation, that the replacement part alone significantly contributes to that risk. If replacement parts are excluded from a risk evaluation, the resulting rule is final agency action for the exclusion. EPA may not prohibit manufacture, processing, or import of a chemical substance to the extent the chemical is necessary to make exempt replacement parts, and EPA must create procedures limiting that upstream supply only to replacement-part manufacturers. Any allowed prohibition or restriction on replacement parts must include a transition period of at least 10 years. The bill also makes technical definition amendments to TSCA section 3.

Who Benefits and How

Manufacturers of complex durable goods, complex consumer goods makers, replacement parts manufacturers, repair businesses, equipment owners, vehicle owners, appliance owners, and consumers who need older products repaired benefit from stronger access to legacy replacement parts and chemicals needed to make them. Upstream chemical manufacturers, processors, and importers benefit from a protected pathway to supply chemicals exclusively for exempt replacement parts. Companies facing TSCA rules benefit from substantial-evidence and part-specific findings before replacement parts can be restricted.

Who Bears the Burden and How

EPA chemical risk staff face a higher evidentiary burden before regulating replacement parts and must write express determinations, treat exclusions as final agency action, design upstream-supply procedures, and provide at least 10 years of transition time for permitted restrictions. Environmental health advocates and susceptible populations may bear risk if older replacement parts containing restricted chemicals remain available longer. Replacement-part manufacturers and chemical suppliers must stay within procedures limiting chemical use exclusively to exempt replacement parts.

Key Provisions

• Requires EPA to exempt replacement parts for complex durable goods and complex consumer goods designed before a TSCA risk-management rule.
• Allows EPA regulation only after a risk-evaluation finding and an express substantial-evidence determination that the replacement part alone significantly contributes to risk.
• Treats exclusion of replacement parts from a risk evaluation as final agency action.
• Bars EPA from prohibiting chemicals needed to manufacture exempt replacement parts.
• Requires EPA procedures limiting upstream chemical supply exclusively to replacement-part manufacturers.
• Requires at least a 10-year transition period for any permitted replacement-part prohibition or restriction.