Your regular update for technical and industry information
Your regular update for technical and industry information
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:
PIP (3:1):
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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