CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

CONSUMER PRODUCTS AND RETAIL E-SSENTIALS

Your regular update for technical and industry information

Your regular update for technical and industry information

USA: EPA amends DecaBDE and PIP (3:1) under TSCA

NOVEMBER 2024 - ELECTRICAL AND ELECTRONICS, HARDLINES, SOFTLINES, TOYS AND CHILDREN'S PRODUCTS

On 19 November 2024, the U.S. Environmental Protection Agency (EPA) published the final rule1 to amend current rules for two persistent, bioaccumulative and toxic (PBT) chemicals, decabromodiphenyl ether (decaBDE) and phenol, isopropylated phosphate (3:1) (PIP (3:1)), regulated under Toxic substances Control Act (TSCA). These revisions were aimed at addressing the challenges faced with the previous rules issued in 2021. This final rule is effective on 21 January 2025.

Both decaBDE and PIP (3:1) are widely used in various applications such as household appliances, vehicles, aeroplanes, etc. DecaBDE is an additive flame retardant used in plastic enclosures of computers, televisions, textiles and upholstered articles. While PIP (3:1) can be used as a plasticizer, a flame retardant and an anti-wear additive, it can also be used in electronic equipment, lubricants, greases, plastic articles, and industrial coatings. Both substances are toxic to aquatic living organisms and human health. Hence, the revisions aim to address implementation issues and reduce potential exposure to these PBT chemicals.

The final rule establishes a regulatory limit of 0.1% by weight for unintentionally added decaBDE and PIP (3:1) in products and articles. This applies to each article individually and not to the complex assembly as a whole. After 31 October 2026, distribution in commerce of PIP (3:1)-containing articles will be prohibited.

Here are the key changes2 for the updates:

DecaBDE: 

  • Signage Requirements: Signage must be posted in regulated areas where decaBDE-containing plastic shipping pallets are processed including recycling, indicating the need for personal protective equipment (PPE).
  • Worker Protections: Stricter PPE requirements are imposed for certain activities involving decaBDE, such as manufacturing and processing.
  • Water Release Prohibition: The release of decaBDE into water during manufacturing, processing, and distribution is prohibited.
  • Export Notification: Export notifications are required for decaBDE-containing wire and cable for nuclear power generation facilities.

PIP (3:1):

  • Exclusions and Phase-In Prohibitions: 
    • Several exclusions and phase-in prohibitions are introduced or modified to reduce exposures, including those for lubricants and greases, motor vehicle parts, aerospace vehicle parts, wire harnesses, circuit boards, marine antifouling coatings, and manufacturing equipment. 
  • Worker Protections: Specific PPE requirements are established for manufacturing and processing activities involving PIP (3:1). 
  • Downstream Notification statement: The safety data sheet and label for PIP (3:1) or PIP (3:1)-containing products are revised. 

EPA requires that all persons who manufacture, process, or distribute in commerce decaBDE or PIP (3:1) and products and articles containing decaBDE or PIP (3:1) maintain ordinary business records related to compliance with the prohibitions and restrictions. These records must be maintained for 5 years from the date the record is generated and must be available to EPA upon request.

It is also worth noting that finished products or articles made of plastic recycled or reused from products or articles containing PIP (3:1) and decaBDE-containing products or articles made from such recycled plastic can be excluded provided that no new decaBDE or PIP (3:1) is added.

 

 

[1] Federal Register, vol. 89, No 223 on 19 November 2024

[2] EPA webpage for PBT chemicals under TSCA Section 6(h)


 

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