TSCA: EPA Finalizes Revisions to PBT (decaBDE and PIP 3:1) Chemical Regulations

On November 19, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule revising the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) under the Toxic Substances Control Act (TSCA). This rule, set to take effect on January 21, 2025, addresses implementation issues and aims to further reduce potential exposures to humans and the environment.

Key revisions include:
The establishment of a 0.1% by weight limit for unintentionally present decaBDE and PIP (3:1) in products and articles. This de minimis threshold applies when the substances were not intentionally added.
For decaBDE, the EPA has extended the compliance date for wire and cable insulation in nuclear power generation facilities. New workplace protection requirements and recordkeeping for certain activities involving decaBDE have been implemented, along with a prohibition on releases to water during manufacturing, processing, and distribution.
Regarding PIP (3:1), the EPA has narrowed exclusions for lubricants and greases to aerospace and turbine engine uses. New phase-in prohibitions have been introduced, including a 15-year phase-out for new parts in heavy motorized machinery and a 30-year phase-out for replacement parts. The rule also provides new exclusions for use in wire harnesses and electric circuit boards.
The EPA has added a 10-year compliance deadline extension for processing and distribution of PIP (3:1) in manufacturing equipment, including the semiconductor industry. This extension also covers new heating, ventilation, air-conditioning, refrigeration, water-heating equipment, power generating equipment, laboratory equipment, and commercial electronic equipment.
The revisions require the use of personal protective equipment (PPE) for domestic manufacturing and processing of PIP (3:1) and certain PIP (3:1)-containing products and articles. Additionally, the rule mandates the use of engineering controls and PPE for using PIP (3:1) as an intermediate processing aid in manufacturing cyanoacrylate adhesives.
These changes will significantly impact various industries, including electronics, semiconductors, automotive, and nuclear sectors. Companies worldwide exporting to the U.S. must ensure compliance with these new regulations, as they affect any organization manufacturing, importing, or selling products containing decaBDE or PIP (3:1) in the U.S. market.