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On October 31, 2024, the U.S. Environmental Protection Agency (EPA) released a pre-publication of Final Rule on Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic (PBT) Chemicals under the Toxic Substances Control Act (TSCA). This rule is effective 60 days after its publication in the Federal Register.
Pursuant to section 6(h) of TSCA, as amended by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, EPA has taken action to reduce exposures to certain PBT chemicals . In January 2021, EPA promulgated rules to regulate five PBT chemical substances(see 40 CFR part 751, subpart E): decaBDE (CASRN 1163-19-5); PIP (3:1) (CASRN 68937-41-7); 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP) (CASRN 732-26-3); hexachlorobutadiene (HCBD) (CASRN 87-68-3); and pentachlorothiophenol (PCTP) (CASRN 133-49-3).
The decaBDE 2021 final rule prohibited the manufacture (including import), processing, distribution of decaBDE and products and articles containing decaBDE. The PIP (3:1) 2021 final rule prohibited the processing and distribution of PIP (3:1) and products containing PIP (3:1).
This finalized revisions only involve amendment of provisions for decaBDE and PIP (3:1), some notable changes are summarized below:
Allowance for unintentional amounts of decaBDE and PIP (3:1) present in products and articles at concentrations less than 0.1% by weight;
Prohibition on releases to water during the manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products;
Extension of the compliance date for the phase-out of processing and distribution in commerce of decaBDE-containing wire and cable insulation for nuclear power generation facilities;
An export notification requirement for decaBDE-containing wire and cable for nuclear power generation facilities;
Require the use of PPE for the domestic manufacturing and processing of PIP (3:1) and certain PIP (3:1)-containing products and articles;
New exclusions from the prohibitions on processing and distribution in commerce of PIP (3:1) for use in wire harnesses and electric circuit boards and for the processing and distribution in commerce of such PIP (3:1)-containing harnesses and circuit boards;
New exclusion to allow for distribution in commerce of new and replacement parts containing PIP (3:1)
The pre-publication copy of the final revised rule can be obtained here.
