Swix Clarifies EPA Settlement
SWIX USA entered into a settlement agreement on Feb. 11, 2020 with the Environmental Protection Agency to resolve an administrative issue regarding the chemical ingredients used to make SWIX performance waxes. The Environmental Appeals Board approved the settlement May 13, 2020.
SWIX cooperated voluntarily with the EPA inquiry and responded promptly and expansively to all requests for documents and information. “It is always SWIX’s intent to comply with all environmental regulations,” SWIX CEO Steve Poulin said.
SWIX/TOKO is an industry leader in high-performance ski waxes. All SWIX/TOKO products on the market in the United States today are in full compliance with federal regulations. SWIX and TOKO waxes are also California Prop 65 compliant and OSHA compliant. As an industry leader, SWIX/TOKO intends to set the example for all other companies for quality products and environmental sustainability.
Through its Future CERA project, SWIX, TOKO and their parent company BRAV have spent millions of dollars in research to develop fluoro-free waxes that deliver the highest performance in multiple temperatures. As those waxes reach the market, SWIX and TOKO intend to phase out sales of fluorinated waxes.
SWIX, at the 2020 Outdoor + Snow Show held in January in Denver, introduced SWIX Pro, a new, fluoro-free high performance wax, available in Performance Speed, High Speed and Top Speed. Both solid and liquid wax will be available in retail stores in Fall 2020.
ABOUT THE SETTLEMENT
As part of the settlement agreement with the EPA, SWIX Sport USA agreed to conduct an education, outreach and training program intended to encourage environmentally responsible waxing in the ski racing community. SWIX will educate the ski waxing community about the environmental impact of fluorinated waxes and promote the use of waxes with lower environmental impact. It will target the Nordic, Alpine and Snowboard communities.
The program also includes a training component for ski wax technicians to encourage proper use of personal protection equipment and best practices for racing wax shavings. The primary objective of the program “is to educate and motivate the ski racing community to phase out and ultimately eliminate the use” of fluorinated waxes, the settlement says.
The settlement with the EPA, which also includes a civil penalty of $375,625, stems from a compliance audit initiated by the EPA in January 2018.
In the United States, all imported and manufactured waxes must comply with the Toxic Substances Control Act (TSCA). The standards are the same for all companies that manufacture or import waxes into the United States. All companies must confirm that their complete ingredient list complies with TSCA. The EPA asked SWIX/TOKO to confirm that all ingredients in its ski waxes comply with TSCA.
SWIX and TOKO reviewed the ingredients in 245 of its products to ensure that all the ingredients are approved under TSCA. It was a massive and time-consuming effort. While the EPA review was underway, SWIX/TOKO held shipments of all products into the market until they were in the clear. In June 2019, once EPA completed its review of the C6 ingredient in SWIX and TOKO hard waxes, SWIX/TOKO resumed shipments of its fluorinated waxes.
The EPA alleged that SWIX in the past imported several waxes with formulations that contain ingredients not on the approved chemical substance list published by the EPA for TSCA.
SWIX does not admit any of the allegations put forward by the EPA, but agreed not to contest them in the interest of moving forward with the business. SWIX no longer manufactures or imports any waxes with the chemical formulations cited by the EPA.
