The US Environmental Protection Agency (EPA) published five final rules in
January 2021 that cover five persistent, bioaccumulative and toxic (PBT)
chemicals.
The chemicals and their uses are:
- 2,4,6-Tris(tert-butyl)phenol
(2,4,6-TTBP) – an antioxidant in fuel additives and fuel injector cleaners as
well as an additive in oil and lubricants - Decabromodiphenyl
ether (DecaBDE) – a flame retardant with applications in wire and cable rubber
casings, textiles, electronic equipment casings, building and construction
materials, and imported articles such as aerospace and automotive parts - Phenol,
isopropylated phosphate (3:1) (PIP 3:1) – a flame retardant in plastics and as
a functional fluid in aircraft and industrial machinery - Pentachlorothiophenol
(PCTP) – a substance with applications in the rubber industry - Hexachlorobutadiene
(HCBD) – a solvent in rubber manufacturing and in hydraulic, heat transfer or
transformer fluid
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The final rules were published in the Federal Register
(86 FR 866-932) on January 6, 2021. They amend Subpart E – Persistent,
Bioaccumulative, and Toxic Chemicals to 40 CFR 751 on Regulations of Certain
Chemical Substances and Mixtures Under Section 6 of the Toxic Substances
Control Act (TSCA).
The revisions include a variety of provisions of which
stakeholders should be aware. These include restrictions, prohibitions,
record-keeping requirements, phase-in prohibitions for specific uses of DecaBDE
and DecaBDE-containing products or articles, phase-in prohibitions for specific
uses of PIP (3:1) and PIP (3:1)-containing products and articles, exemptions as
well as downstream notifications for safety data sheets (SDSs) or the labeling
of PIP (3:1) and PIP (3:1)-containing products.
The final rules came into effect on February 5, 2021.
Stakeholders should review the original SGS SafeGuard 019/21 to learn more
about the specifics of each final rule.
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