The Environmental Protection Agency (EPA) has issued final revisions to the regulations governing decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)) under the Toxic Substances Control Act (TSCA). Effective from January 21, 2025, these updates aim to address implementation issues, further reduce exposures, and improve worker safety for two chemicals identified as persistent, bioaccumulative, and toxic (PBT).
Key Changes to the DecaBDE Rule
The updated regulations for decaBDE, a flame retardant commonly used in textiles, plastics, and electronics, include:
- Prohibition of Water Releases: Manufacturers, processors, and distributors must prevent decaBDE from entering waterways, eliminating risks of contamination.
- Extended Compliance Deadlines: Facilities handling wire and cable insulation for nuclear power generation can process and distribute decaBDE-containing materials until the end of the insulation's service life.
- Mandatory Personal Protective Equipment (PPE): Workers must use NIOSH-approved N95 respirators and chemically resistant gloves during manufacturing, processing, and recycling of decaBDE-containing products.
- Recordkeeping Enhancements: Record retention requirements have increased from three to five years to improve monitoring and enforcement.
Updates to the PIP (3:1) Rule
PIP (3:1), used as a flame retardant and plasticiser in industrial applications, is subject to new exclusions and compliance deadlines:
- PPE and Engineering Controls: Domestic manufacturers must adopt stricter worker safety measures, including the use of PPE and engineering controls, for handling PIP (3:1).
- Phase-Out Deadlines: A phased approach to prohibit certain uses in non-critical applications ensures a gradual industry transition to safer alternatives.
- Special Provisions for Wire Harnesses and Circuit Boards: These components in aerospace and electronics sectors are granted exclusions to support industry needs while maintaining compliance with safety regulations.
Why This Rule Matters
EPA's revisions are part of a broader effort to uphold Executive Order 13990, which emphasises protecting public health, addressing climate change, and ensuring regulatory alignment with scientific advancements. The changes follow public consultations and stakeholder feedback, reflecting industry concerns about compliance challenges and the need for safer practices.
Implications for Industry and Public Health
The updated rules are projected to cost approximately $400 million annually, including $373 million attributed to worker protection measures. However, the EPA highlights significant qualitative benefits, including reduced environmental and human exposure to hazardous chemicals. These regulations also aim to prevent potential supply chain disruptions by introducing phased deadlines and targeted exclusions for critical industries.
By enhancing safety protocols and setting clear compliance frameworks, the EPA's revisions to the TSCA rules for decaBDE and PIP (3:1) underscore its commitment to reducing the impact of harmful chemicals on health and the environment. Industries affected by these changes are encouraged to review the complete rule and implement necessary measures before the January 2025 deadline.
