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US EPA Issues Final Rules for Five Hazardous Substances Under TSCA (Toxic Substances Control Act)

SafeGuardSToys and Juvenile Products, Hardgoods, Hardgoods, Hardgoods, Softlines, Softlines, Softlines, Electrical & Electronics, Electrical & ElectronicsFebruary 10, 2021

Final rules for five hazardous chemicals have been published by the U.S. EPA (Environmental Protection Agency). These became effective on February 5, 2021.

In January 2021, the U.S. Environmental Protection Agency (US EPA) published five final rules in the federal register (86 FR 866-932) to regulate five persistent, bioaccumulative and toxic (PBT) chemicals under Section 6(h) of the Toxic Substances Control Act (TSCA).

These PBT chemicals are:

  • 2,4,6-Tris(tert-butyl)phenol (2,4,6-TTBP, CAS 732-26-3) – an antioxidant in fuel additives and fuel injector cleaners as well as an additive in oil and lubricants
  • Decabromodiphenyl ether (DecaBDE, CAS 1163-19-5) – a flame retardant with applications in wire and cable rubber casings, textiles, electronic equipment casings, building and construction materials, and imported articles such as aerospace and automotive parts
  • Phenol, isopropylated phosphate (3:1) (PIP 3:1, CAS 68937-41-7) – a flame retardant in plastics and as a functional fluid in aircraft and industrial machinery
  • Pentachlorothiophenol (PCTP, CAS 133-49-3) – a substance with applications in the rubber industry
  • Hexachlorobutadiene (HCBD, CAS 87-68-3) – a solvent in rubber manufacturing and in hydraulic, heat transfer or transformer fluid

These final rules amend Subpart E – Persistent, Bioaccumulative, and Toxic Chemicals to 40 CFR 751 on Regulations of Certain Chemical Substances and Mixtures Under Section 6 of the Toxic Substances Control Act (40 CFR 751). The latest revisions contain provisions relating to, among other things, restrictions, prohibitions, record keeping, phase-in prohibitions for specific uses of DecaBDE and DecaBDE-containing products or articles, phase-in prohibitions for specific uses of PIP (3:1) and PIP (3:1)-containing products and articles, exemptions as well as downstream notifications for safety data sheets (SDSs) or on the label of PIP (3:1) and PIP (3:1)-containing products.

Highlights of the final rule for each of these five PBT chemicals are summarized in Tables 1 to 5.

Environmental Protection Agency, 86 FR 866, Final Rule, January 6, 2021
40 CFR Part 751 ‘2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h) 
Entry
ScopeRequirement Effective Date 
1Distribution in containers with a volume of less than 35 gallons≤ 0.3%
January 6, 2026
2Processing and distribution in oil and lubricant additives
≤ 0.3%
January 6, 2026
3Distributors to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.409 
Record keeping for three years after record has been generated
January 6, 2026

Table 1. 2,4,6-tris(tert-butyl)phenol (2,4,6-TTBP)

 

Environmental Protection Agency, 86 FR 880, Final Rule, January 6, 2021
40 CFR Part 751 ‘Decabromodiphenyl ether (DecaBDE); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
EntryScopeRequirementEffective Date
1Manufacturing and processing of DecaBDE or DecaBDE-containing products or articles¹,²
Prohibited
March 8, 2021
2Manufacturers, processers and distributors of DecaBDE or DecaBDE-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.405
Record keeping for three years after record has been generated
(not required for footnotes 1 & 2) 
March 8, 2021
3Distribution of DecaBDE or DecaBDE-containing products or articles
Prohibited
January 6, 2022
4Manufacturing, processing and distribution for use in curtains in the hospitality industry, and the curtains to which DecaBDE has been added
Prohibited
July 6, 2022
5Processing and distribution for use in wire and cable insulations in nuclear power generation facilities, and DecaBDE-containing wire and cable insulations 
Prohibited
January 6, 2023
6Manufacturing, processing and distribution for use in parts installed in and distributed as part of new aerospace vehicles, and parts for such vehicles³
Prohibited
January 8, 2024
7Manufacture, processing and distribution of DecaBDE-containing replacement parts for motor vehiclesProhibited
2036 or after the end of vehicles service lives, whichever is earlier

¹After the end of the pallets' service life, prohibits the distribution of DecaBDE-containing plastic shipping pallets that were manufactured before March 8, 2021 
²Exempts processes and distribution for recycling of DecaBDE-containing plastic from products or articles and DecaBDE-containing products or articles made from such recycled plastic
³After the end of aerospace vehicles service lives, prohibits importing, processing and distribution of the following:

  • DecaBDE-containing aerospace vehicles before January 8, 2024
  • DecaBDE-containing replacement parts for aerospace vehicles

Table 2. Decabromodiphenyl ether (DecaBDE)

 

Environmental Protection Agency, 86 FR 894, Final Rule, January 6, 2021
40 CFR Part 751 ‘Phenol, Isopropylated phosphate (3:1) (PIP 3:1); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
EntryScopeRequiermentEffective Date
1Processing and distributing PIP (3:1), including PIP (3:1)-containing products or articles¹,²
Prohibited
March 8, 2021
2Manufacturers, processers and distributors of PIP (3:1) or PIP (3:1)-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.407
Record keeping for three years after record has been generated
(not required for activities in last 2 exemptions)
March 8, 2021
3Release to water during manufacturing, processing and distribution
Prohibited
March 8, 2021
4Photographic printing articles 
Prohibited
January 1, 2022
5Adhesives and sealants
Prohibited
January 6, 2025

¹Exemptions:

  • Hydraulic fluids for aviation or military 
  • Lubricants and grease
  • New and replacement parts for motor and aerospace vehicles
  • Manufacture of cyanoacrylate adhesives in closed systems
  • Specialized engine air filters for locomotive and marine applications
  • Plastic for recycling from PIP (3:1)-containing products or articles
  • Finished goods or articles made of plastic recycled from PIP (3:1)-containing products or articles

²Downstream notification requirements, including language in safety data sheets (SDSs) or labels for PIP (3:1) or PIP (3:1)-containing products 

Table 3. Phenol, isopropylated phosphate (3:1) (PIP, 3:1)

 

Environmental Protection Agency, 86 FR 911, Final Rule, January 6, 2021
40 CFR Part 751 ‘Pentachlorothiophenol (PCTP); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
Entry
ScopeRequirementEffective Date
1Manufacturing and processing of PCTP or PCTP-containing products or articlesProhibited unless concentrations are ≤ 1%
March 8, 2021
2Manufacturers, processers and distributors of PCTP or PCTP-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.411Record keeping for three years after record has been generatedMarch 8, 2021
3Distribution of PCTP or PCTP-containing products or articlesProhibited unless concentrations are ≤ 1%
January 6, 2022

Table 4. Pentachlorothiophenol (PCTP)

 

Environmental Protection Agency, 86 FR 922, Final Rule, January 6, 2021
40 CFR Part 751 ‘Hexachlorobutadiene (HCBD); Regulation of persistent, bioaccumulative, and toxic chemicals under TSCA Section 6(h)
EntryScopeRequirementEffective Date
1Manufacturing, processing and distribution of HCBD or HCBD-containing products or articles¹
Prohibited
March 8, 2021
2Manufacturers, processers and distributors of HCBD or HCBD-containing products or articles to maintain ordinary business records related to compliance with the prohibitions/restrictions and other provisions in § 751.413Record keeping for three years after record has been generatedMarch 8, 2021

1Exemptions:

  • Unintentional production of HBCD as a byproduct in the manufacture of chlorinated solvents
  • Processing and distribution of HBCD for burning as a waste fuel

Table 5. Hexachlorobutadiene (HCBD)

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