EPA Amends the Regulations on decaBDE and PIP (3:1)

By John Kowalski, regulatory affairs lead, supply chain insights

On November 19, 2024, the U.S. Environmental Protection Agency (EPA or the Agency) published a final rule 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 originally addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. According to EPA, it determined that revisions to the decaBDE and PIP (3:1) regulations were necessary to address implementation issues and to further reduce the potential for human and environmental exposures to the extent practicable. However, EPA is not revising the chemical-specific provisions for the other three PBT chemical substances addressed in 40 CFR Part 751, Subpart E. This rule is effective on January 21, 2025.

DecaBDE is a flame retardant that has been widely used in textiles, plastics, adhesives, and polyurethane foam. EPA is finalizing revisions to the 2021 decaBDE final rule to require the use of personal protective equipment (PPE) during certain activities involving decaBDE. EPA is also finalizing: a prohibition on releases to water during the manufacturing, processing, and distribution in commerce of decaBDE and decaBDE-containing products; an 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; and an allowance for unintentional amounts of decaBDE present in products and articles at concentrations less than 0.1% by weight.

PIP (3:1) is a flame retardant, a plasticizer, an anti-compressibility additive, and an anti-wear additive. It’s used in lubricants and hydraulic fluids and in the manufacture of other compounds. EPA is finalizing revisions to the 2021 final rule 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. EPA is also finalizing: phase-outs on processing and distribution for certain uses; 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; an exclusion to allow for distribution in commerce of new and replacement parts containing PIP (3:1); and an allowance for unintentional amounts of PIP (3:1) present in products and articles at concentrations less than 0.1% by weight. However, the Agency is not revising the October 2024 compliance date for articles not otherwise covered by an exclusion from prohibition or by an existing or newly finalized extension to a phase-out compliance deadline.

EPA will host a public webinar on the 2024 PBT rule on December 12, 2024 at 2:00 PM U.S. Eastern time. To register for the webinar, visit https://usepa.zoomgov.com/meeting/register/vJIsd-6vrj4oHgYPqhS15uwUdPBk00Vi4sE#/registration.

Reference

Decabromodiphenyl Ether and Phenol, Isopropylated Phosphate (3:1); Revision to the Regulation of Persistent, Bioaccumulative, and Toxic Chemicals Under the Toxic Substances Control Act (TSCA)