U.S. Federal – EPA Amendment to the DecaBDE and PIP (3:1) under the TSCA

Vol. 1443 | 10 Dec 2024

EPA Revises Regulations for DecaBDE and PIP (3:1)

On November 19, 2024, the Environmental Protection Agency (EPA) adopted a final rule outlining the revisions to the regulations for Decabromodiphenyl ether (DecaBDE) and Phenol, Isopropylated phosphate (3:1) (PIP (3:1), which are two out of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed under the Toxic Substances Control Act (TSCA). This rule is effective from January 21, 2025.

For Decabromodiphenyl Ether (DecaBDE), the EPA finalizing:

The Environmental Protection Agency (EPA) has made several revisions to the 2021 DecaBDE final rule. Here are the key changes:

1. Personal Protective Equipment (PPE): The revised rule requires the use of PPE during certain activities involving DecaBDE to reduce exposure.
2. Prohibition on Water Releases: The EPA has prohibited releases to water during the manufacturing, processing, and distribution of DecaBDE and DecaBDE-containing products.
3. Compliance Date Extension: The compliance date for phasing out DecaBDE-containing wire and cable insulation in nuclear power generation facilities has been extended until after the end of their service life .
4. Export Notification Requirement: There is now a requirement for export notification for DecaBDE-containing wire and cable for nuclear power generation facilities.
5. Allowance for Unintentional DecaBDE: The revised rule allows for unintentional amounts of DecaBDE present in products and articles at concentrations less than 0.1% by weight.

For Phenol, Isopropylated Phosphate (3:1) (PIP (3:1)), the EPA finalizing:

Here are the new requirements and phaseouts for PIP (3:1):

1. PPE Requirement: Domestic manufacturers and processors of PIP (3:1) and certain PIP (3:1)-containing products and articles must use personal protective equipment (PPE).
2. Phaseouts: Phaseouts on processing and distribution for certain uses of PIP (3:1) are being implemented.
3. Exclusions: New exclusions from the prohibitions on processing and distribution in commerce of PIP (3:1) are being made for:
   1. Use in wire harnesses and electric circuit boards.
   2. Processing and distribution in commerce of such PIP (3:1)-containing harnesses and circuit boards.
4. Distribution of Replacement Parts: An exclusion allows for the distribution in commerce of new and replacement parts containing PIP (3:1).
5. Allowance for Unintentional PIP (3:1): Unintentional amounts of PIP (3:1) present in products and articles at concentrations less than 0.1% by weight are allowed.

For questions, please contact Harini Ramaswamy (harini.ramaswamy@intertek.com) and Andrew Loveland (andrew.loveland@intertek.com ).

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