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 | Scope | Requirement | Effective Date |
| 1 | Distribution in containers with a volume of less than 35 gallons | ≤ 0.3% | January 6, 2026 |
| 2 | Processing and distribution in oil and lubricant additives | ≤ 0.3% | January 6, 2026 |
| 3 | Distributors 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) | |||
|---|---|---|---|
| Entry | Scope | Requirement | Effective Date |
| 1 | Manufacturing and processing of DecaBDE or DecaBDE-containing products or articles¹,² | Prohibited | March 8, 2021 |
| 2 | Manufacturers, 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 |
| 3 | Distribution of DecaBDE or DecaBDE-containing products or articles | Prohibited | January 6, 2022 |
| 4 | Manufacturing, processing and distribution for use in curtains in the hospitality industry, and the curtains to which DecaBDE has been added | Prohibited | July 6, 2022 |
| 5 | Processing 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 |
| 6 | Manufacturing, 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 |
| 7 | Manufacture, processing and distribution of DecaBDE-containing replacement parts for motor vehicles | Prohibited | 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
| |||
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) | |||
|---|---|---|---|
| Entry | Scope | Requierment | Effective Date |
| 1 | Processing and distributing PIP (3:1), including PIP (3:1)-containing products or articles¹,² | Prohibited | March 8, 2021 |
| 2 | Manufacturers, 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 |
| 3 | Release to water during manufacturing, processing and distribution | Prohibited | March 8, 2021 |
| 4 | Photographic printing articles | Prohibited | January 1, 2022 |
| 5 | Adhesives and sealants | Prohibited | January 6, 2025 |
¹Exemptions:
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 | Scope | Requirement | Effective Date |
| 1 | Manufacturing and processing of PCTP or PCTP-containing products or articles | Prohibited unless concentrations are ≤ 1% | March 8, 2021 |
| 2 | Manufacturers, 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 § 751.411 | Record keeping for three years after record has been generated | March 8, 2021 |
| 3 | Distribution of PCTP or PCTP-containing products or articles | Prohibited 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) | |||
|---|---|---|---|
| Entry | Scope | Requirement | Effective Date |
| 1 | Manufacturing, processing and distribution of HCBD or HCBD-containing products or articles¹ | Prohibited | March 8, 2021 |
| 2 | Manufacturers, 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 § 751.413 | Record keeping for three years after record has been generated | March 8, 2021 |
1Exemptions:
| |||
Table 5. Hexachlorobutadiene (HCBD)
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