EPA Proposed Revisions to Regulation of Two Persistent, Bioaccumulative, and Toxic Chemicals

On November 24, 2023, the U.S. Environmental Protection Agency (EPA) published a proposed rule that will amend the regulations for decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), two of the five persistent, bioaccumulative, and toxic (PBT) chemicals addressed in final rules issued under the Toxic Substances Control Act (TSCA) in January 2021. In the proposed rule, EPA states that it has determined that it could address implementation issues in the 2021 rule and to reduce further exposures.

For example, EPA is proposing to require personal protective equipment (PPE) for certain manufacturing and processing of these chemicals. EPA is proposing to require a label on shipping pallets containing decaBDE. And EPA is proposing to modify exclusions from the prohibitions on uses of PIP (3:1), including narrowing the scope of certain exclusions, adding prohibition phase-in dates, and in some cases creating new exclusions from prohibition for certain uses.

Comments are due January 8, 2024.