The U.S. Environmental Protection Agency (EPA) has initiated proposals to revise the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. The proposed rules intend to further reduce exposures to these two PBT chemicals to better protect human health and the environment. Comments shall be submitted to EPA within 45 days after date of publication in the Federal Register.
As required under TSCA, EPA issued final rules concerning five PBT chemicals on January 6, 2021. In addition to decaBDE and PIP 3:1, the other three are 2,4,6-Tris(tert-butyl) phenol (2,4,6-TTBP), hexachlorobutadiene (HCBD), and pentachlorothiophenol (PCTP). The final rules identified uses, hazards and risk management actions for each of the five PBT chemicals.
Following issuance of Executive Order 13990 (Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis), EPA announced its plan to review the five final rules issued on January 6, 2021 after receiving comments on additional actions that could be taken to reduce exposures to these PBT chemicals to the extent practicable.
The revision proposes workplace safety measures, water release restriction and addresses broader implementation issues affecting the supply chains of various industry sectors including the nuclear energy sector, transportation, construction, agriculture, forestry, mining, life sciences, and semiconductor production. The details are shown below:
For decaBDE, the revision to the 2021 final rule proposes to:
Require the use of personal protective equipment (PPE) during certain domestic manufacturing and processing of decaBDE and decaBDE-containing products and articles;
Require a label on plastic shipping pallets that are known to contain decaBDE;
Prohibit releases to water from manufacturing, processing, and distribution in commerce of decaBDE;
Extend 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;
Add an export notification requirement for decaBDE-containing wire and cable for nuclear power generation facilities.
For PIP 3:1, the revision to the 2021 final rule proposes to:
Require the use of PPE for the domestic manufacturing and processing of PIP (3:1) and certain PIP (3:1)-containing products and articles;
Phase-in prohibitions on processing and distribution for certain uses;
Add 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 the processing and distribution in commerce of such PIP (3:1)-containing harnesses and circuit boards.
The pre-publication version of the rule can be accessed here.
