US EPA Issues Final Rule for DecaBDE and PIP (3:1) Revisions under TSCA

SafeGuardSAutomotive, Cosmetics and Hygiene, Electrical & Electronics, Hardgoods, Personal and Protective Equipment, Softlines, Toys and Juvenile Products12 Dec 2024

SG 173/24

The US Environmental Protection Agency (EPA) has amended the 2021 final rules for decaBDE and PIP (3:1), as well as products and articles containing these chemicals. The latest final rule will become effective on January 21, 2025.

In 2021, the US EPA issued five final rules to regulate five persistent, bioaccumulative and toxic (PBT) chemicals, including decabromodiphenyl ether (DecaBDE) and Phenol, isopropylated phosphate (3:1) (PIP (3:1)), under the Toxic Substances Control Act (TSCA).

In 2022, the compliance date for PIP (3:1) in certain applications was subsequently extended to October 2024 (SafeGuardS 40/22 and 40 CFR 751 Subpart E).

In November 2023, the EPA published a proposal to revise the 2021 final DecaBDE and PIP (3:1) rules (SafeGuardS 161/23).

On November 19, 2024, the EPA issued a final rule in the Federal Register (89 FR 91486) to finalize and address implementation matters in relation to these two PBT chemicals.

Highlights of the latest final rule are summarized in Table 1.

Substance	Highlights
DecaBDE¹	Allows < 0.1% in products and articles if not intentionally added, unless otherwise indicated in the final rule Allows processing and distribution of decaBDE-containing wire and cable insulation for nuclear power generating facilities until the end of the wire and cables’ service life (formerly after January 6, 2023, under §751.405 (a)(2)(ii)) Extends business record keeping from three to five years Requires ‘Signage in regulated areas’ for any processing, including recycling of plastic shipping pallets that contain decaBDE Requires the use of personal protective equipment (PPE) for most activities involving the chemical
PIP (3:1)²	Allows < 0.1% in products and articles if not intentionally added, unless otherwise indicated in the final rule Introduces cut off dates for exclusions, including but not limited to the chemical’s application in lubricant and grease as well as motor and aerospace vehicles Extends business record keeping from three to five years Requires the use of PPE for most activities involving the chemical

Table 1

¹Flame retardant that has been widely used in adhesives, plastics, polyurethane foam and textiles

²Flame retardant, plasticizer and anti-compressibility and anti-wear additive used in lubricants and hydraulic fluids and in the manufacture of other compounds

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